SCORM Cloud Click Through Agreement

tim.martin | 24 Jul 2009 | Permalink

RUSTICI SCORM CLOUD SERVICE TERMS OF USE

Last published October 27, 2009

BY USING YOUR REQUESTED APPLICATION IDENTIFIER (APP_ID), YOU ACCEPT AND AGREE TO BE BOUND BY THE BELOW TERMS OF USE WITH REGARD TO USING THE RUSTICI SCORM CLOUD SERVICE (“SERVICE”) PROVIDED TO YOU BY RUSTICI SOFTWARE, LLC (“RUSTICI”). IF YOU DO NOT AGREE TO THE BELOW TERMS OF USE, DO NOT USE THE SERVICE.

TERMS OF SERVICE

1. You must use the Service only in accordance with these terms and conditions and the instructions, manuals or other materials regarding use of the Service that Rustici makes generally available to its customers.

2. You must comply with all applicable laws during the exercise of your rights under these terms and conditions (including but not limited to all copyright and export laws).

3. You are responsible for maintaining the security of your account and password. Rustici accepts no liability for any loss or damage from your failure to abide by this provision.

4. You are responsible for all content and materials posted to the Service and activity that occurs under your account.

RESTRICTIONS

1. You must not use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortuious material, or to store or transmit material in violation of third-party privacy rights.

2. You must not use the Service to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.

3. You must not interfere with or disrupt the integrity or performance of the Service.

4. You must not attempt to gain unauthorized access to the Service or its related systems or networks.

5. You may not use the Service for any illegal or unauthorized purpose.

6. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Rustici, or any other Rustici service.

PAYMENT

1. A valid credit card is required for paying accounts. A credit card number is not required for a free account.

2. You will be billed on the day you elect to move to a paid account and subsequently on that day of each month.

3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account.

4. Overages will be charged for each registration over your chosen price plan tier in accordance with our pricing set forth on our website.

5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies or duties, if applicable.

WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

LIMITATION OF LIABILITY

IN NO EVENT WILL RUSTICI BE LIABLE FOR LOST PROFITS, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE SERVICES OR ANY MATTER RELATING TO THE SERVICE, EVEN IF RUSTICI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RUSTICI’S TOTAL LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT.

TERMINATION

1. You may terminate your account and access to the Service at any time by submitting such termination request in writing to Rustici at support.cloud@scorm.com.

2. If you cancel the Service before the end of your current paid up month, your cancellation may take effect immediately and you will not be charged again except for overages for the current month which will be charged at the end of that monthly period.

3. Except for your breach of the agreement, including without limitation failure to pay, in which case Rustici may immediately terminate the Agreement or suspend your account, Rustici, in its sole discretion, has the right to terminate your account and use of the Service for any reason upon sixty (60) days notice.

4. Cancellation or termination of your account will result in the deactivation or deletion of your account or your access to your account. All of your content and materials will be immediately deleted from the Service upon termination or cancellation.

MODIFICATION TO SERVICES

Rustici reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any party thereof) upon notice, provided Rustici may not provide notice if such modification or discontinuation is for security or emergency maintenance purposes. You agree that Rustici shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any part thereof).

OWNERSHIP

1. You acknowledge that between you and Rustici, Rustici owns all right, title and interest in and to the Service and the accompanying documentation and all related modifications and enhancements.

2. You have no right to the Service except to the extent expressly granted in these Terms of Use.  Rustici reserves all right, title and interest in and to the Service.

3. Rustici shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you, relating to the operation of the Services.

4. So long as you are using the Service, you may build applications on top of the Service. Rustici claims no intellectual property rights over the material you upload to or build on top of the Service. Your uploaded material and material sitting on top of the Service remains yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.

5. Rustici does not pre-screen content, but Rustici has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service.

ENTIRE AGREEMENT; MISCELLANEOUS

These Terms of Use are the sole and complete agreement between the parties and supersedes all prior agreements and understandings between the parties respecting the Service. The waiver of a breach or the failure to exercise any right hereunder shall not be a waiver of any subsequent breach or as a waiver of any other right. If any provision in these Terms of Use is determined unenforceable, such unenforceability will not affect the enforceability of the other provisions of these Terms of Use. The Terms of Use shall be governed by the laws of the State of Tennessee. Any dispute will be resolved in the state or federal courts, as appropriate, located in the Middle District, Tennessee. If there is litigation between the parties related to the Service, the prevailing party can recover its reasonable attorneys’ fees and other reasonable litigation expenses. The sections of these Terms of Use entitled “Limitation of Liability,” “Ownership,” and this “Entire Agreement; Miscellaneous” will survive after the termination or cancellation of these Terms of Use.

Questions or notices for Rustici can be sent to support.cloud@scorm.com.