Terms & Conditions (Generic)
1. Terms and Conditions of Use
Please carefully read the following terms before accessing this site which hosts general information, a training library, a web shop, and third party competitions. By accessing the site (including the before mentioned content), you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the site. By visiting this site or registering, it is implied that you have read, understood and agreed to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which may be made at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.
- “access” or “accessing” means accessing, using, viewing the content or otherwise obtaining information on the site.
- “Agreement” or “terms” refers to these terms and conditions of use and any subsequent modifications.
- “Exercise Files” refers to the exercise files prepared by the authors for use with the training videos and other media.
- “Online Training Library” or “OTL” means the subscription-based database of audio-visual works and simulations that is available through the site and is part of the site. Individual items in the OTL may be available at a cost or for free.
- “Subscriber” refers to any person or entity that registers at this site and is automatically granted access to parts of the OTL. Subscriber may be a private individual, or a (corporate) entity.
- “third party competition” refers to a competition which is hosted on Oxyor but is not organised or owned by Oxyor. Oxyor only provides the platform on which the competition takes place.
- “User” refers to any party who accesses the site. If you are accessing the site as an employee or agent of another, “User” refers to you and your principal.
- “you” or “your” refers to the user. If you are accessing the site as an employee or agent of another, “you” or “your” refers to the user and the user’s principal.
3. Modification of terms
Oxyor reserves the right to modify these terms at any time. Except as otherwise stated herein, any change to these terms is effective immediately after Oxyor gives notice to the user. Notice can be given through e-mail, a posting or software update on the site or any other means by which a User may obtain notice. User agrees to check the site periodically for changes to these terms. Any use of the site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
4. Limited License
Oxyor hereby grants each subscriber a limited, non-exclusive, and non-transferable license to access the content and information available in the OTL according to the provisions contained herein, and subject to the payment of the applicable fees, if any, and adherence to these terms, whether the subscriber has paid for access to the OTL or received free access as a gift, as an employee or as part of a competition.
5. Indemnification (specific)
By registering with Oxyor for accessing the OTL, participating in any third party competition hosted on this site, or for any other reason, you agree to indemnify Oxyor and its parents, subsidiaries, affiliates, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or relating to your use or misuse of Oxyor, from any person's use of any account or password you maintain with Oxyor, regardless of whether such use is authorized by you, or from acceptance, possession, misuse, or use of any prize. By registering with Oxyor or a third party competition hosted by Oxyor, you are hereby agreeing to release Oxyor and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes, Oxyor and/or any prize. The individual results from third party competitions hosted by Oxyor are a combination of metrics and subjective views by the third party competition owner. By registering you accept without prejudice all results from your participation that may or may not be shared with selected third parties at the discretion of Oxyor or the competition owner.
6. access to the OTL; Modification of Content
Oxyor strives to provide the OTL to its Subscribers on a continuous basis. To that end, Oxyor will take all commercially reasonable efforts to provide uninterrupted access to the OTL to its Subscribers. However, from time to time, Subscribers may be unable to access the OTL due to conditions beyond Oxyor’s control. Such conditions include, but are not limited to: force majeure, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the OTL to its Subscribers, Oxyor will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. Oxyor endeavours to provide the highest quality content to its Subscribers. To that end, Oxyor reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the site.
7. Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the site that in any way affects the use, enjoyment or service of the site, or adversely affects Oxyor’s computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the site other than what is expressly allowed by these terms.
- Permit or provide others access to the OTL using your user name and password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, and transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the site.
- Transfer the site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the site content; or “deep link” to the site content.
- Violate or attempt to violate Oxyor’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the site or corrupt the site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of The Netherlands.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users, the site or Oxyor.
- Use the site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent your identity or personal information when accessing the site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Oxyor.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the site.
- Provide any commercial hosting service with access to the site and/or the content on the site. To ensure that users of the site do not engage in prohibited conduct, Oxyor reserves the right to monitor use of the site and reserves the right to revoke or deny access to the OTL to any person or entity whose use of the OTL suggests Prohibited Conduct. Access of the materials available at the OTL beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OTL and will result in revocation or denial of access to the OTL. The terms “normal patterns” and “abuse” shall be determined solely by Oxyor.
- You agree not to violate any Dutch, foreign or international software or technology export laws and regulations.
8. Limited warranties
Oxyor warrants that the software that allows users to access the OTL (“Software”), if operated as directed, will substantially achieve the functionality described on the site. Oxyor provides no warranty that your hardware, software, telecommunications equipment and/or internet service is compatible or sufficient to access the site. Oxyor also warrants that the media containing the Software, if provided by Oxyor, is free from defects in material on the date the User acquired the Software. Oxyor's sole liability for any breach of this warranty shall be, in its sole and absolute discretion: (a) to replace the defective media or software; (b) to advise the user how to achieve substantially the same functionality with the software as described; or (c) if the above remedies are impracticable, to refund the subscription fee paid for access to the OTL. The user must inform Oxyor of any problem with the software within thirty (30) calendar days of discovering the problem or Oxyor will not be obligated to honour this warranty. Oxyor will use commercially reasonable efforts to repair, replace, or refund the software pursuant to the foregoing warranty within thirty (30) calendar days of being so notified. If any modifications are made to the software by the user during the warranty period; if the medium or software is subjected to accident, abuse, or improper use; or if the user violates the terms of this agreement, then this warranty shall immediately terminate. This warranty shall not apply if the software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described. Although Oxyor has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
9. Disclaimers and limitation of liability
The user accesses this site at his/her/its own risk. The site is provided on an “as is, as available” basis without warranty of any kind (beyond the warranties set forth in section 10), expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. Oxyor does not warrant any particular result from use of the software or site. Oxyor does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall Oxyor or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses. Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount Oxyor received from the subscriber for a subscription to access the OTL, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses. In no event will Oxyor be liable for any damages in excess of the amount Oxyor received from the subscriber for a subscription to access the OTL, even if Oxyor shall have been informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Oxyor, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Oxyor is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site. No employee of Oxyor is authorized to make any modifications, extension, or additions to these limited warranties or disclaimers. Oxyor disclaims all warranties, and shall have no liability for damages in excess of the amount Oxyor received from the subscriber, arising from or related to any support services for your use of the site. The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.
10. Third Party Content; Hyperlinks
You acknowledge that Oxyor does not pre-screen third party materials. Oxyor is not the publisher or author of any information on the site that is provided by third party content providers, and Oxyor is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Oxyor’s use of the content constitutes neither an endorsement nor a recommendation by Oxyor of the content. Oxyor assumes no responsibility for third party products or services. Oxyor may contain links and references to other third party websites and materials. Oxyor does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of users. Oxyor does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Oxyor may disable any hyperlink to the site. Oxyor has the right but not the obligation to monitor third party websites and hyperlinks to the site. Oxyor makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, Oxyor does not warrant the existence or functionality of any website which can be accessed through a link located on this site.
11. Copyrights, Trademarks and Other Proprietary Rights
Oxyor or its third party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the site is copyrighted, trademarked, or otherwise protected and owned or licensed by Oxyor. Except as expressly stated on the site or in these terms, nothing that you read or see on the site or in the OTL may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Oxyor, except as provided in these terms. Nothing in these terms grants you an express or implied license to use any of Oxyor’s intellectual property except as set forth in Section 4. If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Oxyor, you may forfeit your intellectual property rights and moral rights contained in such communication or material.
12. Indemnification (generic)
User agrees to defend, indemnify and otherwise hold harmless Oxyor and its directors, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from user’s prohibited conduct or other improper or illegal use of the site, or breach of these terms.
13. Security; Authorized Use
Users are prohibited from violating or attempting to violate the security of the site. Oxyor has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Oxyor may suspend your access while it conducts an investigation. Users are required to enter a user name and password to access the OTL. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the site. You are responsible for maintaining the secrecy of your user name and password. you represent and warrant that you are the person on whose behalf you claim to accept these terms, or, if you are entering into these terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these terms. You may not use the account, user name or password of someone else at any time. You agree to notify Oxyor immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify Oxyor immediately if you are aware of or suspect other unauthorized use of the site and/or the site content. Oxyor will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by Oxyor, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, user name or password. Oxyor will never ask you for your password. If you need a new user name and/or password, Oxyor will generate a new user name and password automatically through its computers and send it to your e-mail.
14. Termination of Agreement
In addition to Oxyor’s other rights, it may terminate this agreement at any time and at its sole and absolute discretion. Oxyor may also terminate access to the OTL or cancel subscriptions to the OTL without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or engaged in conduct that Oxyor deems inappropriate. In the event of termination of this agreement, the provisions in this Section and the provisions found in Sections 2, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this agreement.
With respect of confidentiality, all information provided by customers and / or participants is confidential for Oxyor, its staff and teachers. Think to confidentiality agreements concerning sensitive company information business situations, work processes, customer groups and strategies.
These terms constitute the entire agreement between Oxyor and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Oxyor and User dealing with the subject matter hereof is superseded. These terms may only be modified or amended in writing. If any portion of these terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these terms, Oxyor may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Oxyor’s remedies are cumulative and not exclusive. Failure of Oxyor to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the site, user signs for and accepts this shortening of the statutes of limitations. Oxyor makes no representation that the content of the site is appropriate or available for use in all locations. Oxyor operates this site from the United States and makes no representation that the site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this site. You may not assign your rights or delegate your duties under these terms. The parties agree that no third party is an intended beneficiary of these terms. Oxyor cannot provide notifications via mail, only e-mail.
17. Governing Law; Dispute Resolution; Forum and Venue
These terms and any claim or action related to or arising from these terms or content on the site shall be governed by Dutch law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and Oxyor shall be finally resolved through binding arbitration in Amsterdam, The Netherlands. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Amsterdam Court. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Amsterdam Court for any equitable claim or other action related to or arising from these terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
18. Right of withdrawal
Oxyor uses a cooling-off period of 14 days after signing an agreement, whereby this agreement can be dissolved without giving any reason.