"Senar" is the name the Services run by GuidiGO Inc, 490 post street Suite 640, San Francisco, CA 94102, USA, or GuidiGO Europe, 19 Boulevard Malesherbes, 75008 Paris, France, as the context requires;
"You" or "Your" means you, a user who has registered an account with Senar ("Registered User") under these Terms.
"Content" means a training simulation including but not limited to: audio, text, photos, pictures, graphics, 3D graphics, comments, usage and performance metrics, and other works of authorship, data or information.
By accessing or using the Services, registering an account or by uploading or downloading any information or content the Platform or the Application, you represent that you have read and understood the Terms, you will abide by them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)' or legal guardian(s)' permission to use the Services. If you are entering into this Agreement on behalf of an individual, company or other legal entity, you represent that you have the legal authority to bind that individual, company or legal entity to this Agreement. If you do not have the legal authority, or if you do not agree with the Terms, you should not use the Services.
Senar may change, replace or otherwise modify these Terms from time to time. You will be notified of any such changes by publication of the changes on the Website. Please review the Terms on a regular basis. You understand and agree that your use of the Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Senar in accordance with these Terms.
Subject to your strict compliance with these Terms, Senar grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to: i) use the Services in order to access Content and to share and download Content; ii) submit, upload or post Content to the Platform; The above licences are conditional upon your strict compliance with these Terms and, including, without limitation, the following:
(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Platform, other than by means of download in circumstances where the relevant Author has enabled the download functionality with respect to the relevant item of Content.
(ii) You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform or any part of the Services, except (i) where such Content is Your Content, or (ii) as permitted under these Terms, and within the parameters set by the Author).
(iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Services offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
(v) You must not make use of any bots, botnets, spiders, data mining tools, automated scripts, apps, plugins or extensions with respect to the Services or any Content regardless of the configuration or mode of operation of the same, including without limitation any of the foregoing that automatically generates messages, plays audio or visual Content, generates comments or favours any Content or posts any activities. This does not apply to any applications, plugins or extensions officially released by Senar and constituting Services hereunder.
(vi) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any of the Services (other than Your Content).
(vii) You must not, and must not permit any third party to, copy or adapt the object code of the Website, any of the Services, the user interface or any of its components, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
(ix) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
(x) Other than following the steps provided through the Services and in accordance with these Terms, you must not rent, sell or lease access to the Services, or any Content provided by the Services.
(xi) You must not make use of any bots, botnets, automated scripts, apps, plugins or extensions or other automated or electronic means to artificially increase your popularity, add followers or otherwise to misrepresent the success of Your Content made available on the Platform, or offer or promote the availability of any such means to any other users of the Services. Notwithstanding the foregoing, you agree that Senar grants to the operators of public search engines permission to use spiders to copy materials from the Senar Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Senar reserves the right to revoke these exceptions at any time.
(xii) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
(xiii) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Senar employee.
(xiv) You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
(xv) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
(xvi) You must not use any automatic means of accessing, logging-in or registering accounts on the Platform.
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services,(hereinafter "External Services").
Senar does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Senar does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
Senar disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Senar with respect to the content or operation of any External Services.
Senar will suspend or terminate your access to the Services if Senar determines, in its reasonable discretion, that you have repeatedly breached these Terms.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Senar at its discretion.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE PLATFORM AND ALL CONTENT ACCESSED THROUGH OR VIA THE PLATFORM OR OTHERWISE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".
WHILST GUIDIGO USES ALL REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS ON THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO Senar'S ATTENTION, Senar MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE PLATFORM, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR OTHER EXTERNAL SERVICES. Senar DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Senar DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.
GUIDIGO AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, TOGETHER WITH ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
GUIDIGO'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID TO GUIDIGO DURING THE TWELVE (12) MONTHS PRIOR TO YOUR CLAIM OR $50 IF YOU HAVE NOT MADE ANY PAYMENTS DURING THAT PERIOD. IN ALL OTHER CASES, IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
GUIDIGO AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
a. YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICES;
b. ANY CHANGES THAT GUIDIGO MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES IN OR FROM ANY OR ALL TERRITORIES;
c. ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY'S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY GUIDIGO OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES;
d. ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT;
e. YOUR FAILURE TO PROVIDE GUIDIGO WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE NOTIFIED TO GUIDIGO AS SOON AS POSSIBLE.
ADDITIONALLY, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GUIDIGO AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND GUIDIGO, AND THAT GUIDIGO'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold harmless GUIDIGO, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
GUIDIGO reserves the right to change, modify, withdraw or discontinue any of the features, services, functionalities, Fees and Deductions of the Services at any time and for any reason with or without notice. GUIDIGO also reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, GUIDIGO shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that GUIDIGO and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website and/or any Services that GUIDIGO may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
In the event of any changes to the Fees or features of any Content for which you are the Author, you will have no obligation to continue using the Services following any such notification, but if you do not terminate your account as described in the Termination and Cancellation section below during the 30 day period, your continued use of your account after the end of that 30 day period will constitute your acceptance of the changes. Termination and Right of Cancellation You may terminate this Agreement at any time by sending notice by email or in writing to GUIDIGO (see address above) confirming such termination, by removing all of Your Content from the Platform, by deleting your account and thereafter by ceasing to use the Services.
GUIDIGO may with or without prior notice, suspend or terminate your account and your access to the Services and/or terminate this Agreement at any time if in GUIDIGO's sole discretion (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of these Terms; (iii) GUIDIGO elects at its discretion to cease providing the Services in the jurisdiction where you reside or from where you are attempting to access the Services, or (iv) an infringement or violation of the rights of any third party, or of any applicable laws or regulations has occurred (v) in other reasonable circumstances as determined by GUIDIGO at its discretion.
Upon termination, cancellation or expiration of this Agreement or your account, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of Your Content), will be irretrievably deleted by GUIDIGO, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests, such as in order to provide customer support and maintenance, including continued access and ability to download copies of Your Content that users purchased prior the termination of this Agreement. You are therefore advised to remove, copy or back up any Content in your account before terminating or cancelling your account as GUIDIGO assumes no liability for any material that is irretrievably deleted.
The provisions of these Terms that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your GUIDIGO Account, Your Content, Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Entire Agreement and Applicable Law and Jurisdiction, respectively.
GUIDIGO may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of GUIDIGO. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of GUIDIGO.
Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.
Except where otherwise required by the mandatory law of the United States or any member state of the European Union these Terms shall be governed by and interpreted in accordance with the laws of France and shall be subject to the jurisdiction of the French courts.es not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.