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Whiteboard Online and Finntrack Terms of Use

Whiteboard Online Ltd and Finntrack Ltd provide their services to recognised further and higher education institutions throughout the world independently and jointly, subject to the following Terms of Use ("TOU"), which may be updated from time to time without notice to users.

User may review the current version of TOU at any time through www.whiteboardonline.co.uk and www.finntrack.com. Whiteboard Online and/or Finntrack may offer other services from time to time, which may governed by different, published Terms of Use.

By accessing, browsing, and using the Whiteboard Online or Finntrack sites, the user accepts, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you may not access or use the Whiteboardonline Online and/or Finntrack services.

1. Whiteboardonline Online Ltd and Finntrack Ltd Services

Users acknowledge and agree that the Services are provided "AS IS" and that Whiteboardonline Online and Finntrack assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalisations

In order to use the Services, user must obtain access to the World Wide Web, either directly or through devices that access web-based content. In addition, user must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

User understands and agree that the Services may include advertisements and references and these advertisements and references are necessary for Whiteboard Online and Finntrack to provide their Services. User also understands and agree that the Services may include certain communications from Whiteboard Online , Finntrack and third parties, including service announcements and administrative messages, and that these communications are considered part of the user registration, and users will not be able to opt out of receiving them.

The Whiteboard Online is a distributor of third party learning contents material. Finntrack is a creator and copyright holder of its learning contents material and services that enable instructors to support their in-class teaching and learning output..

Whiteboardonline Online and Finntrack also offer access to support services, software download sites, information about the Whiteboard Online software as appropriate.

3. Registration Obligations

In consideration of your use of the Services, user agrees to (a) provide true, accurate, current and complete information as prompted by the Service's registration facility, and (b) maintain and promptly update the information to keep it true, accurate, current and complete. Should the user information be found untrue, inaccurate, not current or incomplete, or the service providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Whiteboard Online and Finntrack have the right to suspend or terminate the user account and refuse all current or future use of the Services, or any portion thereof.

To user the Services to public areas of the websites are not required to register with the suppliers. However, to gain accesses to secure areas of the sites, user will need to register for the areas concerned and obtain an user name and password. The information provided to Whiteboard Online or Finntrack during the registration process will assist service providers in offering user specific content, service, and network management systems as appropriate.

The registered users are solely responsible for maintaining the confidentiality of their identification codes, user name(s) and password(s). Furthermore, users are responsible for all activities, charges, and liabilities associated with the individualised services. User must immediately notify Whiteboard Online of any unauthorized use of their access to Whiteboard Online and/or Finntrack websites, and remain responsible for any unauthorized charges made on or through their account(s) until Whiteboard Online has received such notification. All Whiteboard Online and Finntrack account(s) non-transferable to another person. In cases where registered user has authorized or registered another individual to use your account(s), the original user is fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. Whiteboard Online Ltd and Finntrack registration is not currently available to minors. For additional information on how we use the information provided to us, please see the PRIVACY POLICY.

Users will receive an user name, password and Whiteboard designations upon completing the registration process.

4. Copyright

User acknowledges that Whiteboard Online and Finntrack, their channels, their services, any underlying technology used in connection with Whiteboard Online and Finntrack learning contents, services, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Whiteboard Online and Finntrack websites are provided by the copyrighted works of Whiteboard Online , Finntrack and the Original Authors of the materials as indicated on individual web pages, except as expressly authorized by Whiteboard Online and/or Finntrack in this TOU or as may be posted on the Services. User may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Whiteboard Online and/or Finntrack in any form, whether archival files, computer-readable files, or any other medium. User also may not "mirror" any Content or the Services on any other server.

The copyright holders encourage the users to download and print a reasonable number of copies of Content for noncommercial personal or educational use only; provided that (i) any permitted copies of content contain, in an unmodified form, any copyright or other proprietary rights notices shown in the Content and an original source attribution to Whiteboard Online and/or Finntrack, and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by Whiteboard Online and/or Finntrack on the Web page containing the applicable Content. User acknowledges that Finntrack remains the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.

5. Links

Some links on the Whiteboard Online and Finntrack websites lead to sites posted by Third Party site owners. Because Whiteboard Online and Finntrack have no control over these sites, Whiteboard Online and Finntrack are not responsible for such sites' accessibility via the Internet and does not endorse products, services, opinions or information provided by such sites. As such, Whiteboard Online and Finntrack will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any User or other Content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Whiteboard Online and/or Finntrack and the linked sites. Whiteboard Online and Finntrack are independent operating firms and reference to other companies does not imply any partnership, joint venture, or other legal connection where Whiteboard Online or Finntrack individually or jointly would be responsible for the actions of their respective owners.

6. Conduct

Users may only access the Whiteboard Online and Finntrack websites and use the Services for lawful purposes. Users are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. Users agree that they will not: (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United Kingdom; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that the user does not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that does not belong to the user or to otherwise interfere with the ability of others to access or use the Services; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which the user is not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of Whiteboard Online or Finntrack, the Whiteboard Online or Finntrack channels or the Services, use of Whiteboard Online or Finntrack websites, channels or the Services, or access to Whiteboard Online or Finntrack websites, channels or the Services; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.

You acknowledge that Whiteboard Online or Finntrack do not prescreen User Content, but that Whiteboard Online or Finntrack will have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available through any Channel. Without limiting the foregoing, Whiteboard Online or Finntrack have the right to remove any User Content or Course Site™ that violates the TOU or is otherwise objectionable. User agrees and acknowledges that Whiteboard Online or Finntrack may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of Whiteboard Online or Finntrack, their users and the public.

7. Disclaimer of Warranty

WHITEBOARD ONLINE AND FINNTRACK ARE NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY COURSESITE™ AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY COURSESITE™ FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THIRD PARTIES OR OTHER USERS OF THE COURSESITES™ CHANNELS.

USER AGREE THAT ACCESS TO THE WHITEBOARD ONLINE AND FINNTRACK WEBSITES, INCLUDING ANY CHANNEL OR COURSESITE™, AND USE OF THE SERVICES IS AT HIS/HER OWN RISK. NEITHER WHITEBOARD ONLINE AND FINNTRACK, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.

WHITEBOARD ONLINE AND FINNTRACK CHANNELS AND THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL WHITEBOARD ONLINE AND FINNTRACK OR THEIR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WHITEBOARD ONLINE OR FINNTRACK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS WHITEBOARD ONLINE AND FINNTRACK CHANNELS OR USE OF ANY SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WHITEBOARD ONLINE OR FINNTRACK UK'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES WHITEBOARD ONLINE OR FINNTRACK LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

NOTHING IN THESE TOU SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF WHITEBOARD ONLINE AND/OR FINNTRACK

8. Indemnification

You agree to indemnify and hold Whiteboard Online and Finntrack, and their affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the TOU.

9. Modifications to the Service

Whiteboard Online and Finntrack reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Whiteboard Online and Finntrack websites, the Whiteboard Online and Finntrack Channels or the Services (or any part thereof) with or without notice. You agree that Whiteboard Online and/or Finntrack will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

10. Termination

User may discontinue his/her participation in and access to the Services at any time. The TOU will continue to apply to all past use of the Services by the user, even if they are no longer using them. User acknowledge and agree that Whiteboard Online and Finntrack and their affiliates may terminate or block the user of all or part of the Services and Whiteboard Online and Finntrack websites and channels, without prior notice for any reason, including, without limitation, if Whiteboard Online and/or Finntrack believes the user has engaged in conduct prohibited by this TOU. User agrees that upon termination or discontinuance for any reason, we may delete all information related to the user on the Services and may bar your access to the Whiteboard Online and Finntrack websites and channels and use of the Services.

11. General

By accessing the Whiteboard Online and Finntrack websites and channels, user agree to the above stated TOU. This Agreement is entered into in accordance with the English Law and shall be construed in accordance with the laws of the UK, exclusive of its choice of law rules. Each party to this TOU submits to the exclusive jurisdiction of the Great Britain having jurisdiction in England, Scotland, Wales and Northern Ireland, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and legal fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. This TOU and any posted guidelines or rules applicable to certain services within Whiteboard Online constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TOU to Whiteboardonline Ltd..