USE OF THE SERVICES
The Website allows you to access materials provided by Sitecore Corporation A/S (hereinafter “Sitecore”), including e-Learning courses, assessments, training materials, videos, simulations, usage reports, documentation, product information, features and software (collectively, the “Services”).
(b) Usage Rights
As between you and Sitecore, ownership of the Services and all worldwide rights, title and interest in and to the intellectual property associated therewith shall remain solely and exclusively with Sitecore.
(d) Accessing the Services; Credentials
The code that Sitecore provides to you upon enrollment, or to your End User(s) on your behalf, is the subscription credentials needed to access or use the Services (the “Subscription Credentials”). These Subscription Credentials are confidential. A Subscription Credential and an email address must be provided for each individual to access the Services for the first time. Organizational Customer may authorize its End Users to use the Services to the extent Organizational Customer has an active, valid subscription for the Services for each End User. In order for an End User to access the Services for the first time, Organizational Customer must provide its End User with the Subscription Credentials for the Services, and Organizational Customer will instruct its End Users as to the confidentiality of such Subscription Credentials.
You are solely responsible for: (a) keeping your Subscription Credentials confidential, and (b) any and all activities that occur under your subscription. You will notify Sitecore immediately if you believe the security of your Subscription Credentials have been compromised. Sitecore will not be liable for any loss that you incur if someone else uses your Subscription Credentials or your account to access the Services, either with or without your knowledge. However, you may be held liable for losses incurred by Sitecore or another party if someone else uses your Subscription Credentials or account.
An Organizational Customer is solely responsible for: (a) ensuring its End User(s) keep confidential their Subscription Credentials; and (b) any and all activities that occur under its End Users’ account. Organizational Customer will promptly notify Sitecore of any unauthorized use of any of its End User(s)’ Subscription Credentials, accounts or any other breach of security. Sitecore will not be liable for any loss that Organizational Customer incurs for any unauthorized use of its End User(s)’ accounts, either with or without Organizational Customer’s knowledge. However, Organizational Customer could be held liable for losses incurred by Sitecore or another party if an unauthorized person uses one of your End User’s accounts or Subscription Credentials.
If you have provided credentials to access or authenticate your account via Facebook.com, Linked-in.com, or other third party services, you acknowledge that (a) you will abide by any terms and conditions required by such services, (b) Sitecore is not responsible for the security of your password, credentials, or other personal information stored or provided by such services, and (c) you authorize Sitecore to use any information supplied by such services in order to provide the Website to you.
(e) Restrictions On Use
You (and in the case of an Organizational Customer its End User(s)) may access and use the Services solely for your personal training use and internal evaluation and not for the benefit of any third party.
You (and your End User(s)) may not:
- transfer to a third party (but excluding End Users in the case of an Organization Customer), either temporarily or permanently, any rights to access or use the Services
- sell, resell or redistribute subscriptions or access to the Services or otherwise offer access to the Services to third parties;
- use the Services outside the country associated with your account;
- share access to, download, modify, distribute, transmit, display, perform, reproduce, publish, sublicense, create derivative works from or sell any component of the Services;
- use the Services to harm, threaten, or harass another person, organization or Sitecore;
- use any other party’s account or Subscription Credentials to access the Services or interfere with any other party's use and enjoyment of the Services;
- damage, disable, overburden, or impair the Services (or any network connected to the Services);
- use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;
- remove, modify, or tamper with any notice, protective message or link that is incorporated into the Services;
- obtain (or try to obtain) any data from the Services or related hardware, except the data that Sitecore intends to make available to you; or
- use the Services or related hardware to design, develop, or update unauthorized software.
If Sitecore believes that you (or your End User(s)) are making unauthorized or improper use of the Services, Sitecore may take such action as it deems appropriate without notice to you. Sitecore may at all times: (a) disclose information required to satisfy any applicable law, regulation, legal process, or governmental request; or (b) edit, refuse to post or to remove any information or materials, in whole or in part.
In addition, in the event any derivative works are created in contravention of paragraph iv. above, Sitecore shall own all right, title, and interest in and to such derivative works. If, under the operation of local law or otherwise, you come to have any rights associated with such derivative works, you shall hereby automatically assign such rights to Sitecore for no additional consideration.
(f) Suspension and Termination; Deletion of Data
Sitecore may permanently delete your data and usage reports from its servers at the end of your subscription term, if your account is closed, or if the Services are terminated. Sitecore does not have any duty to provide you with your data or usage reports and Sitecore will not be liable for any loss or damage you may incur from the deletion of any data or usage reports regardless of whether or not you renew or purchase an additional subscription term for the Services.
(g) Customer Content
You acknowledge that Sitecore and its third party vendors do not exercise control over any data, information, or content that you or your End Users upload to their systems or networks or otherwise transmit to them (“Customer Content”), and you (and your End User(s)) are solely responsible for the Customer Content. You grant Sitecore and its third party vendors a limited, nonexclusive license to use the Customer Content in connection with providing the Services, and agrees that Sitecore and its third party vendors shall have no liability for any Customer Content.
If any element of the Website or Services has additional terms, conditions, your use of that element of the Website or Services is conditional based upon your agreement to comply with such additional terms and conditions. If you do not agree to such additional terms and conditions, you may not use that element of the Website/Services.
Your use of the Website and the Services may involve the disclosure of Confidential Information between you and Sitecore. The term “Confidential Information” includes any non-public information, whether tangible or intangible, provided by or on behalf of one party (“Disclosing Party”) to the other party (“Recipient”), but excludes any information the Recipient can demonstrate: (a) is or becomes generally available to the public without breach of any legal obligation; (b) was in its possession or known by the Recipient prior to receipt from the Disclosing Party; (c) was disclosed to it by a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed without use of any of the Disclosing Party’s Confidential Information.
Notwithstanding this provision, the Recipient may disclose Confidential Information to the extent required by applicable law or court order, provided the Recipient will give the Disclosing Party prompt notice of any such requirement (to the extent legally permitted) and reasonably cooperate, at the Disclosing Party’s cost, if the Disclosing Party attempts to obtain a protective order or otherwise to prevent or limit disclosure.
THIRD PARTY MATERIALS ON WEBSITE
Where materials are copied from third party websites and made available on this Website, such materials will be subject to the license or usage terms, if any, of the relevant third party provider. The Website may provide certain hyperlinks (or otherwise provide access) to third party websites. Such links are provided as a courtesy only, and Sitecore is not responsible for any materials on those websites.
DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SITECORE (DEFINED TO INCLUDE ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR (OR YOUR END USERS’) USE OF THE WEBSITE OR THE SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SITECORE DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, AVAILABILITY OR TIMELINESS OF THE SERVICES, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR FREE OR THAT DATA LOSS WILL NOT OCCUR. INFORMATION ON THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH SITECORE TAKES NO RESPONSIBILITY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SITECORE (DEFINED TO INCLUDE ANY OF ITS DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES, LICENSORS OR SUPPLIERS) SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF ACCESS TO PROGRAMS OR DATA, EVEN IF SITECORE HAS BEEN EXPRESSLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT AND TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS DEEMED UNENFORCEABLE, THEN NOTWITHSTANDING THE FOREGOING, THE OF LIABILITY OF SITECORE WILL BE LIMITED TO USD $500. THE LIMITATIONS SET FORTH IN THIS PARAGRAH APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE.
- When making purchases via the Website, there is information that we collect in order to fulfill and process orders, such as: the shipping name, address and email of the recipient receiving the Services, contents of the order and any additional notes as entered by you (Order Data). You can elect to save shipping information for future use or can opt to out of saving the information.
- Sitecore does not collect payment and billing information, instead this information is passed via the payment gateway to the merchant processor for verification and approval.
- Order Data collected is used to process and fulfill orders. This information is not shared with outside sources for the purposes of marketing products and services to users. We will not sell, distribute or lease your Order Data to third parties unless we have your permission or are required by law to do so.
- Each time a purchase is conducted it is logged within the Website and can be reviewed at any time via the My Purchases area. This area contains a complete listing of all purchases as well as details of each individual purchase.
By ordering Services via the Website, you expressly agree to pay Sitecore the fees shown on the Website for those Services. Payment is due in the currency shown on the Website. Organizational Customer expressly acknowledges that fees for the Services may change from time to time, as disclosed on the Website.
You consent to Sitecore providing you (and in the case of an Organization Customer your End Users) notifications about the Services or information the law requires us to provide via email to the address that you (and your End User(s)) specified when you (and your End User(s)) signed up for the Services. Notices emailed to you (and your End User(s)) will be deemed given and received when the email is sent. If you (and your End User(s)) do not consent to receive notices electronically, you (and your End User(s)) must stop using the Services. In addition, you agree that Sitecore may send direct mail to you (and your End User(s)) containing new and promotional material.
If you acquired your Services subscription under an existing STA, then the governing law provisions in that STA will apply.
The following will apply in all other cases: