Description of Services
The Services include various online web site development tools and web applications operated and hosted by Traindom to enable you to create and publish e-trainings, e-courses and e-learning environments - hereafter referred to as the "Traindom E-Services". The user/client of the "Traindom E-Services" will be known as "you". The Services also includes web hosting services for the web sites you create through the Site.
User Sites
Traindom enables users to create and publish information products that are hosted by Traindom ("User Sites"). Traindom does not approve or control such User Sites and does not routinely review or monitor such Sites. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the operator of such User Site.
THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT TRAINDOM IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY USER SITES OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY USER SITE.
The hosting of any User Site does not imply endorsement or sponsorship by Traindom or any association or affiliation with its operators or the content, business or operation of the User Site, and if you create any User Site, you may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with Traindom. YOU USE AND INTERACT WITH SUCH USER SITES AT YOUR OWN RISK. You may not use the name, logo or other trademarks of Traindom to imply any sponsorship, affiliation or relationship between you an Traindom other than that Traindom is hosting your User Site.
Licence
You are granted a limited, non-sublicensable license to access and use the Site and the Traindom E-Services solely in connection with the creation of web sites hosted on this Site. The Site and the Traindom E-Services are licensed from the owner OÜ Traindom, a private limited company established under Estonian law, Estonian commercial register code 11790092, location Soo 2, Tallinn, 10414, Estonia, European Union, subject to your acceptance of these Terms. Such license is subject to these Terms and does not include: (a) any resale or distribution of the Site or the Traindom E-Services; (b) modifying or otherwise making any derivative uses of the Site and the Traindom E-Services, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the Site or the Traindom E-Services except as expressly permitted on the Site; or (e) any use of the Site or the Traindom E-Services other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Traindom, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You assume responsibility for the selection of the Site and the Traindom E-Services to achieve your intended results, and for the installation, use, and results obtained therefrom. Traindom, Inc. reserves the right to modify, suspend or discontinue the Site or the Traindom E-Services with or without notice at any time and without any liability to you.
You must be at least 13 years of age to create an account and to use the Site and the Traindom E-Services. By registering, you represent and warrant to us that you are 13 years of age or over. Should Traindom, Inc. be notified or otherwise become aware that you are under 13 years of age, Traindom, Inc. reserves the right to terminate your account and this license and to refuse service to you at any time with or without notice.
Traindom reserves the right to refuse service to anyone at any time with or without notice for any reason.
Beta Version Notice
Traindom is currently released in Beta for use by registered users only. YOU ACKNOWLEDGE THAT THE SITE, THE SERVICE AND THE TRAINDOM E-SERVICES ARE IN BETA FORM AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND TRAINDOM, INC. DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, SECURITY, OPERATION, AND RELIABILITY OF THE SITE, THE SERVICE AND THE TRAINDOM E-SERVICES.
User ID and Sub-Domains
To gain access to the Traindom E-Services and the functionality of the Traindom E-Services and to create a User Site, you will be required to register an access ID and password. The access ID and password may only be used by you. You will be responsible and liable for all activities occurring under your access ID and for keeping your password secure.
As part of the Traindom E-Services and the Services, Traindom also offers registered users free use of Traindom sub-domains (ex: [subdomain].traindom.com) ("Traindom Subdomain") on the terms set forth herein for the sole purpose of hosting their web sites. Traindom retains all rights to and over any Traindom Subomains and has the right to revoke or suspend the use of any sub-domain at any time without reason.
You agree that all such Traindom Subdomains are owned by Traindom, are nontransferable and that Traindom may for any reason, or for no reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate or suspend your account, username, and Traindom Subdomain, and remove or discard any content associated with your account and username.
Links to Third Party Sites
The Site, the Traindom E-Services and User Sites (including under Traindom Subdomains) may contain links to third party web sites, including links to User Sites, third party text, video feeds (podcasts), offers, and software applications (including widgets) (collectively referred to as "Linked Sites"). The Linked Sites and third parties are not under the control of and/or owned by Traindom and Traindom is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Traindom is not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. Traindom is providing these links to you only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. Traindom may earn commission from referring to paid services. The inclusion of any link does not imply endorsement by Traindom of the site or any association with its operators. You acknowledge and agree that Traindom may disable your use of or remove any third party linked sites on Traindom or a Traindom Subdomain to the extent that they violate these Terms.
Similarly, the Traindom E-Services may rely on external components provided by a third party to provide some level of functionality. This functionality may make a particular feature of the Traindom E-Services dependent on the external component; or the Traindom E-Services may be completely dependent on the external component for operation. In any case, Traindom makes no warranties, claims, or provision for any third party components.
You are responsible for making any and all appropriate licensing arrangements with any third party external component providers that are represented on your Traindom Subdomain.
User Conduct
You agree that you are responsible for your own use of the Site, the Services and the Traindom E-Services, for any User Sites you create or operate, for any posts you make and for any consequences thereof. You agree that you will use the Site, the Services and Traindom E-Services and create and operate any User Sites in compliance with the rules set forth in these Terms (including without limitation the Content Policy set forth below), and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
As a condition of your use of the Site, the Traindom E-Services, and the Services, you warrant to Traindom that you will not use the site, the Traindom E-Services or the User Sites you create for any purpose that is unlawful, deceptive or otherwise prohibited by these Terms. You may not use the Site, Traindom E-Services or the User Sites you create in any manner that could damage, disable, overburden, or impair the Site or the Traindom E-Services or interfere with any other party's use and enjoyment of the Site or the Traindom E-Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the Traindom E-Services.
The Site or any User Sites you create may contain bulletin board services, chat areas, news groups, forums, communities, personal and commercial web pages, calendars, podcasts, and/or other message or communication facilities designed to enable you or others to communicate with the public at large or with a group (collectively, "Interactive Services"), you agree to use the Interactive Services only to post, send and receive messages and material that are appropriate and related to the particular Interactive Service and in accordance with the Traindom Content Policy and these Terms and applicable law.
Much of the Interactive Services found on the Site and in User Sites is provided by, and is the responsibility of, the person or people who made the postings. Traindom does not routinely monitor the Interactive Services or any User Sites and takes no responsibility for such content (including, without limitation, any viruses or other disabling features). Traindom merely provides access to and hosts such content as a service to its customers. Traindom does not endorse, support, represent or guarantee the truthfulness, accuracy, functionality, security, legality, quality or reliability of any communications or content posted via the Site or User Sites or endorse any opinions expressed via the Sites or any User Sites Traindom E-Services. You acknowledge that any reliance on material posted via the Service will be at your own risk.
Although Traindom is not obligated and does not routinely screen or monitor any user content or messages or any User Sites, it reserves the right at all times to do so and to remove, block access to or refuse to post, display or distribute any content or materials or any User Site for any reason or for no reason in its sole discretion. Traindom reserves the right to terminate your access to the Site, the User Sites and any or all of the Interactive Services, and to remove or disable access to any User Sites or user content, at any time without notice for any reason whatsoever (or for no reason).
Traindom reserves the right at all times to disclose any information as necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) reply to user support requests or (e) protect the rights, property or safety of Traindom, its users and the public.
Always use caution when giving out any personally identifying information about yourself or your children in any Interactive Service or on any User Site. Personal information provided in connection with any User Site is collected by the third party operating such User Site, and not Traindom. The Traindom Privacy Policy does not apply to, and we are not responsible in any manner for, any information you provide to third parties in connection with User Sites or how the third parties who operate such User Sites may use the personal information you provide to them. Such information is subject to the privacy practices of such User Site, and we encourage you to become familiar with their privacy practices before disclosing information directly to them. Traindom. does not control or endorse the content, messages or information found in any Interactive Service or User Site and, therefore, Traindom. specifically disclaims any liability with regard to the Interactive Services and any actions resulting from your participation in any Interactive Service or your use of any User Site. Managers and hosts are not authorized Traindom spokespersons, and their views do not necessarily reflect those of Traindom.
Content Policy
The Site and the Service is a free service for communication, self-expression, commercial expression, and freedom of speech. Traindom respects your rights and does not wish to censor any text, images, data, information, photos, music video, graphics, messages or other items or materials ("Content") contains you may post on the Site or in any User Sites. However in order to allow the continued posting of a wide variety of content, Traindom has establish rules that certain types of content are not to be hosted by Traindom and/or created using the Traindom E-Services as set forth in this policy (the "Content Policy"). Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by Traindom in its sole discretion. The decision by Traindom not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.
By using the Service, you agree that:
You may not upload, publish, post, distribute or disseminate any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
You may not upload, publish, post, distribute or disseminate any content that is otherwise deemed as pornographic and/or obscene by Traindom. This includes but is not limited to commercial pornography, pedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. Traindom will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies. Users may not use the Traindom E-Services to create sites containing content, such as pornography or violence, that is not generally thought to be appropriate for viewing by children (“Adult Content”) nor may they use Traindom, the Service and/or the Traindom Subdomains for hosting and/or distributing and/or publishing Adult Content, including the use of the service for Escort or Prostitution Services.
You may not upload, publish, post, distribute or disseminate any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
You may not upload, publish, post, distribute or disseminate any material that constitutes a direct threat of violence against any person or group of people.
You may not upload, publish, post, distribute or disseminate any material that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
You may not upload, publish, post, distribute or disseminate any third party files and or content that contain material, in any form, protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents. You may not post private individual or company information without the expressed permission of such parties.
You may not knowingly violate the intellectual property rights of a third party on any user site.
You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
You may not use the Traindom E-Services for the transmission of spam and/or any type of viral marketing and/or phishing scheme.
You may not use affiliate links to third party sellers who have not approved you into their affiliate programs.
You may not download, upload, publish, post, distribute or disseminate any file posted by another user of the Traindom E-Services and Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content contained in a file that is uploaded, downloaded, published, posted, distributed or disseminated using the Traindom E-Services.
You may not use the Traindom E-Services to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
You may not upload, publish, post, distribute or disseminate any material that is used for unlawful purposes or for the promotion of dangerous and illegal activities.
Traindom takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Traindom liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or offensive Content you may encounter on the Site or in any User Sites. Your use of Interactive Areas and any User Sites is at your own risk. As a provider of interactive services, Traindom is not liable for any statements, representations or Content provided by its users or other third parties. Although Traindom has no obligation to screen, edit or monitor any of the Content posted by third parties, Traindom reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Violation of any part of the Content Policy may lead to immediate termination or suspension of your account and/or deletion of your Content and/or you may be reported to the appropriate authorities with or without notice to you.
If you post Content to the Site (including in a User Site), unless we indicate otherwise, you grant Traindom and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content solely in connection with hosting your User Sites and otherwise providing and promoting the Site and the Service and exercising the rights granted in these Terms. You grant Traindom and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Use and Storage
Materials uploaded to an Interactive Service may be subject to posted limitations on usage, reproduction and/or dissemination. Traindom retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. You are responsible for adhering to such limitations.
You agree that Traindom has no responsibility or liability for the deletion of or the failure to store or to transmit any Content or Interactive Service maintained by Traindom and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Premium Services
Using Traindom services is free until you have had 10 sales transactions. Traindom reserves the right to include the Traindom promotional link on your Site. As a User, you can also purchase one or more Premium Services from us. After 10 sales transactions the account will be automatically upgraded to a paid account.
Premium Services include various options such as purchasing your own domain name, removing Traindom promotional links, purchase additional storage space. The prices of our Premium Services are described here and are subject to change from time to time. Traindom may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when Traindom posts the temporary promotional event or new service on the Traindom Platform. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on Traindom.com. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Payment Generally
You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize Traindom to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Traindom. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process. Our offerings include Premium Services payable by recurring payments. You agree that Traindom may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.
You acknowledge and agree that any credit card and related billing and payment information that you provide to Traindom may be shared by Traindom with companies who work on Traindom' behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Traindom and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Traindom all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Traindom may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Traindom reserves the right to either suspend or terminate your Premium Services or your account with Traindom, including deletion of your Website from Traindom.com. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Traindom within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Traindom.
Taxes
You are responsible for paying any governmental taxes imposed on your use of Traindom.com, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Traindom the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Traindom is obligated to collect such taxes, the applicable tax will be added to your billing account.
Money-Back Guarantee
Traindom provides both free and paid services to Users. Paid services include a 30-day money-back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus domain name registration fee and overage charges) if you cancel your paid services within 30 days of the activation of your account. The 30-day money-back guarantee does NOT apply to domain name registration or other domain name services. Once you purchase your domain name, you are its owner and it cannot be "returned" until the duration of the domain term has expired. However, we can assist you in transferring or pointing your domain to the host of your choice.
You can not return or exchange your domain, all sales are final.
Monitoring; Privacy
Traindom reserves the right, but is not obligated, to monitor the use of it's servers and related content within user accounts, whether published or unpublished, in the interests of security. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. For information as to how we collect and use personal information we collect on this Site, please see our Privacy Policy.
By using the Traindom E-Services and/or the Traindom Web Site, you consent to any transfer of personal information, collected by Traindom, outside your country for the purposes of storing the information where Traindom and/or its agents maintain their facilities.
You are responsible for protecting and enforcing your rights in and to any Submissions. No compensation will be paid with respect to the use of your Submission, as provided herein. Traindom is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Traindom.
Intellectual Property Rights
You acknowledge that Traindom owns all right, title, and interest in and to the Site, the Traindom E-Services and/or any content on the Site not posted by a Traindom User and/or an acknowledged third party, including all intellectual property rights (the "Traindom IP"). Traindom IP is protected by United States of America, Estonian and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Traindom Web Site or Traindom IP. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the Traindom Web Site or Traindom IP.
Indemnification
You agree to hold harmless and indemnify Traindom and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the Traindom E-Services, the Service and/or Traindom Web Site, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Limited Warranty
TRAINDOM DOES NOT WARRANT THAT THE SITE, THE SERVICE, THE TRAINDOM E-SERVICES OR ANY USER SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE, THE SERVICES, AND THE TRAINDOM E-SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE SERVICE AND THE TRAINDOM E-SERVICES IS WITH YOU. SHOULD ANY OF THE FOREGOING PROVE DEFECTIVE, YOU (AND NOT TRAINDOM, INC., ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Liability Disclaimer
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRAINDOM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TRAINDOM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON SITE OR ACCESSED THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRAINDOM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAINDOM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE SERVICES OR THE TRAINDOM E-SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE, THE SERVICES OR THE TRAINDOM E-SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAINDOM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE SERVICES OR THE TRAINDOM E-SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES AND THE TRAINDOM E-SERVICES.
Service Contact
Termination/Access Restriction
Traindom reserves the right, in its sole discretion, to terminate your account and your access to the Site, the Traindom E-Services and the Services, or any portion thereof, and to remove or block access to any User Site or any User Content at any time without notice for any reason (including without limitation for failure to update and maintain User Sites, unacceptable Content or for any violation of these Terms) or for no reason.
Consent to Disclose Information
You acknowledge, consent and agree that Traindom may access, preserve and disclose your account information (including your name and contact information) and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Traindom, its users and the public. Please see our Privacy Policy for more information on how we may use and disclose your account information.
Governing Law and Jurisdiction
To the maximum extent permitted by law, this agreement is governed by the laws of Estonia, and you hereby consent to Harju county, Estonia, being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Traindom E-Services, the Site or the Service. Use of the Traindom E-Services, the Site or the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Traindom as a result of this agreement or use of the Traindom E-Services.
The performance of Traindom per this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply by Traindom with governmental, court and law enforcement requests or requirements relating to your use of the Traindom E-Services or information provided to or gathered by Traindom with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Traindom with respect to the Traindom E-Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Traindom with respect to the Traindom E-Services.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright
All Content and other material on the Site and the Traindom E-Services are the proprietary property of Traindom or its licensors or users and are protected by Estonia’s and international copyright laws. All rights not expressly granted in these terms are expressly reserved.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything on the Site or the Service infringes upon any copyright which you own or control, you may file a notification of such infringement via email support@traindom.com.
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Traindom has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Traindom, subscribers or account holders who are deemed to be repeat infringers. Traindom may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Traindom, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Traindom.