Terms and Conditions of Use of Website
Introduction
Your use of this website is subject to the Terms and Conditions of Use as set out below. By accessing and using this website you agree that you have read, understood, and accept these Terms and Conditions of Use. If you do not read or agree with our Terms and Conditions of Use, you should not access this website.
Our Privacy Policy
Please read Flasheforward Communications’ Privacy Statement (<–click to read).
Intellectual Property Rights
By using this website you agree that all of the information, training materials, videos, communications, photography, text, images, graphics, software, trademarks, trade names, logos and other materials and services on this website (the “Content”) are protected by copyright, trademark, database rights, sui generis rights and other intellectual property laws under the national laws of Ireland and international treatise. All property rights, title and interest in and to the Content shall be at all times and for all purposes remain vested in Flasheforward Communications and/or its licensors, as the case may be. You agree not to copy, modify, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer or sell any information contained on or forming part of this website, or otherwise use such Content of this website for re-sale, re-distribution or for any other commercial use, without the consent of Flasheforward Communications and/or its licensors as the case may be. Any unauthorized use of any materials or media from this website or provided/owned by Flasheforward Communications may violate copyright, trademark, and other laws.
Changes to the Terms of Use
We may modify or terminate any Content on the website from time to time, for any reason and without notice or liability to any user or third party. You should check the website for changes to the Terms Of Use each time you access the website. Your continued use of the website will signify your acceptance of any revised Terms Of Use.
Links To Third Party Websites
This website contains links to third party websites. Flasheforward Communications does not own or control such third party websites and only provides links to other locations on the internet for information purposes. Access to any other website through this website is at your own risk. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Flasheforward Communications is not liable or responsible for the accuracy of any information, data, opinions, or statements on these websites or the security of any link or communication with those websites. The fact that Flasheforward Communications provides a link to a third party website does not mean that Flasheforward Communications endorses, authorizes, or sponsors that website.
Disclaimer
While Flasheforward Communications uses its reasonable efforts to maintain this website in an accurate and up-to-date fashion it may contain some technical or other mistakes, inaccuracies or typographical errors. Flasheforward Communications cannot be held responsible for any mistakes or omissions on this website.
Limitation of Liability
To the fullest extent permitted by applicable law, Flasheforward Communications will not be liable for any loss or damages (including, without limitation, those resulting from lower test scores, interruption of services, or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. In no event shall Flasheforward Communications be liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension, or termination of any services, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
Indemnity
As a user of this website, you agree to indemnify us against any loss, damage or cost incurred by us arising out of any violation by you of these Terms and Conditions of Use. You will also indemnify us against any claims that information or materials which you submit, post to, or transmit through the Site are in violation of any law or in breach of any third party right.
Flasheforward Communications’ E-newsletter
Please note this is a subscribers-only discussion list to which you have registered to contribute to and receive. You agree that any comments which you post to this list constitute your own express opinions and views and do not represent any views or opinions of Flasheforward Communications nor should they purport to do so. Accordingly, we hereby require and you hereby agree that every care is taken in drafting the content of your comments in order to ensure that they are not in any way defamatory, illegal, or in any other way harmful to a third party as you are solely responsible as author and publisher of your comments. The comments posted on such discussion lists are not for publication in any other media or any other form and in the event that you wish to publish comments which are part of these discussion lists you should contact the individual author and publisher of the comments, for prior consent.
Disclaimer of Liability
With respect to content available on the website, neither Flasheforward Communications nor any of its members nor any of their employees or agents makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.
Disclaimer of Endorsement
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favouring by Flasheforward Communications. The views and opinions of authors expressed herein do not necessarily state or reflect those of Flasheforward Communications, and shall not be used for advertising or product endorsement purposes.
Governing Law
These Terms Of Use shall be governed by and construed in accordance with the law of Ireland and you hereby submit to the exclusive jurisdiction of the Courts of Ireland. This will not prevent Flasheforward Communications from pursuing a claim for breach of contract, copyright infringement, or otherwise in respect of these terms and conditions in any other jurisdiction throughout the world.
Terms and Conditions of Use of Training Materials
By viewing, downloading and/or using the training materials from the Flasheforward Communications’ courses, you accept these Terms of Use. Please read them carefully.
- LICENSE
1.1 Flasheforward Communications hereby grants to you, free of charge, a non-exclusive, non-transferable and non-assignable license (the “License”) to use the training materials and all related documentation and files, for your personal learning purposes.
1.2 You may not share, sell, distribute or otherwise sub-license the training materials to any third parties, or in any way provide access to the training materials to any third parties, without the prior written consent of Flasheforward Communications, or in a manner consistent with the terms of these Terms of Use. Any breach of the terms of this licence will result in the student being unenrolled in all Flasheforward Communications courses and their account deleted.
- OWNERSHIP AND RESTRICTIONS
2.1 Except as otherwise indicated herein, Flasheforward Communications owns and shall retain all right, title and interest in and to the training materials, including all intellectual property rights embodied therein, including (i) all of the service marks, trademarks, trade names or any other designations associated with the training materials; (ii) all copyrights, patent rights, trade secret rights, and other proprietary rights relating to the training materials; and (iii) all rights to the content of the training courses. Nothing contained in this License shall be deemed to convey to you any title or ownership in the training materials or the related documentation.
2.2 You agree: (i) not to remove any Flasheforward Communications identification or notices of any proprietary, patent or copyright restrictions from the training materials, or any support material such as the related documentation; (ii) not to develop methods to enable unauthorized parties to use the training materials; (iii) not to develop any product similar to the Training materials for commercial distribution; and (iv) not to state or imply that your use of the training materials is the product of, sponsored by, or related to Flasheforward Communications, or to use the Flasheforward Communications name or logo in connection with your use of the training materials.
- WARRANTY AND DISCLAIMER
3.1 Flasheforward Communications makes no warranty with respect to the training materials viewed or downloaded through its online training courses, and disclaims all statutory or implied warranties, expressed or implied, as to the accuracy, completeness or usefulness of any information, apparatus, product, or process related to the training materials under this License, including but not limited to any warranty of design or fitness for a particular purpose, even if Flasheforward Communications has been informed of such purpose. Flasheforward Communications does not represent that the use of the training materials would not infringe third parties’ proprietary rights.
- LIMITATION OF LIABILITY
4.1 Notwithstanding anything else in this License or otherwise, Flasheforward Communications shall in no event be liable for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this License, including the information contained within the training materials, disruption in access to training materials, or their use or otherwise.
4.2 Flasheforward Communications further expressly excludes liability for any indirect, special, incidental or consequential damages which may arise in respect of the training materials and their use, or for loss of profits or lost data, or for the procurement cost of substitute goods, technology or services.
4.3 Flasheforward Communications further expressly excludes any liability whatsoever for the collection and use of data by you in connection with this License, including without limitation, private information, which is your sole responsibility. Flasheforward Communications shall not be held liable for any damages whatsoever as a result of your use of such data.
- INDEMNIFICATION
5.1 You shall indemnify, hold harmless and defend at your own expense Flasheforward Communications, their officers, agents and employees from and against any claims, demands, causes of action and liability of any nature or kind, including without limitation those arising out of your use of the training materials, your officers, agents and employees or otherwise caused by, or arising out of, or resulting from, the exercise or practice of the rights granted under this License, by you, your officers, employees, agents or representatives. This indemnity includes, without limitation, any modification(s) of the training materials that you may make, including, without limitation, translation of the materials into another language.
- TERM AND TERMINATION
6.1 This License is in effect so long as you hold any copy of the training materials from Flasheforward Communications on any of your computer systems or storage media either onsite or offsite. This License may be terminated if you materially fail to perform or comply with any provisions of this License. Such termination shall be effective thirty (30) days after written notice of termination to you if the defaults have not been cured within such thirty (30) day period.
6.2 Upon termination of this License for any reason whatsoever, you shall immediately cease all use of the training materials and destroy and/or remove all copies of the training materials from your computer systems and storage media either onsite or offsite.
- GENERAL PROVISIONS
7.1 This License shall not be assigned by you to any other party without the prior written agreement of Flasheforward Communications.
7.2 This License may not be supplemented, modified, amended, released or discharged, unless approved in writing by Flasheforward Communications. Flasheforward Communications reserves the right to make changes and updates to this License without prior notification. Such changes and updates shall be applied as of the date of their issuance. Any waiver by Flasheforward Communications of any default or breach hereunder shall not constitute a waiver of any provision of this License or of any subsequent default or breach of the same or a different kind.
7.3 If any provision of this License is invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the License shall be valid and enforceable to the maximum extent possible.
7.4 Any dispute relating to the interpretation or application of this License shall, unless amicably settled, be subject to conciliation. In the event of failure of the latter, the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by the parties or, in the absence of agreement, in accordance with the laws of Ireland. The parties shall accept the arbitral award as final.
7.5 Nothing in or relating to this License shall be deemed a waiver of any of the privileges and immunities of Flasheforward Communications or submitting Flasheforward Communications to any national court jurisdiction.