Welcome and thank you for your interest in Virology Education B.V. (“VE” or “We” or “Us”), which owns the web site located at https://vironet.talentlms.com/ (the “Website”). The following Terms of Service are a legal contract between you (“You”) and VE regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.
Please read the following terms and conditions carefully. By registering for, accessing, browsing or using the Website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions (referred to Collectively as the “Terms”)
Terms and Conditions
The Website is not available to (a) any users previously suspended or removed from the Website by VE or (b) any persons under the age of 18 whose registration has not been approved by a legal parent or guardian. By clicking on the “I Agree” button or by otherwise using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by VE; (b) that You are either (i) at least 18 years of age; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
To access certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to VE, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure such as in the event of a loss, theft or unauthorized disclosure or use of your account ID or password, then You agree to immediately notify VE at email@example.com. You may be liable for the losses incurred by VE or others due to any unauthorized use of your Website account.
VE protects the privacy of personal information and other information provided by You, patients, instructors as well as collaborators. Any information provided by You will only be utilized for the specific purpose of completing the online course. VE will not release any personal information to a third party without Your express written consent. VE maintains physical, electronic, and procedural safeguards to protect against the loss, misuse or alteration of information that we have collected from You.
VE may, however, disclose User information if required to do so by law, or if we have a good-faith belief that such action is necessary to comply with local, international, or other applicable laws or in response to a court order, judicial or other government subpoena, or warrant, or administrative request.
4. Data Retention
Unless we receive a request for the deletion of your account, we will retain your information for as long as your account is active.
The https://vironet.talentlms.com names, logos and seals are trademarks ("Trademarks") owned by VE and hosted by TalentLMS. You may not use any of these Trademarks, or any variations thereof, without the express prior written consent of VE. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in VE’s sole judgment, gives the appearance or impression of a relationship with or endorsement by VE.
All Trademarks not owned by VE that appear on the Website or on or through the services made available on or through the Website, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the owner of the applicable Trademark.
6. Proprietary Materials and Licenses
The Website is owned and operated by VE. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (the “Website Materials”) are protected by EU and international copyright, patent, and trademark laws, international conventions and other applicable laws governing intellectual property and proprietary rights. All Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to VE, and VE reserves all rights therein and thereto not expressly granted by these Terms.
7. Prohibited Conduct
You agree not to:
a) use the Website for any commercial use or purpose without the prior written express consent of VE;
b) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
c) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
d) use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
e) defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
f) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website;
g) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
h) modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by VE herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
i) intentionally interfere with or damage the operation of the Website or any user’s enjoyment of it, by any means, including without limitation, by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
a) Termination by VE
VE, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with VE or your use of the Website and remove and discard all or any part of your account, User profile, and User Content, at any time. VE may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that VE will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies VE may have at law or in equity.
b) Termination by You
Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) any policy or practice of VE in operating the Website, or (iv) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
You agree to indemnify, defend, and hold harmless VE, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“VE Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein.
VE and its suppliers, licensors and affiliates do not warrant that the Website or any data, user content, functions or any other information offered on or through the Website will be uninterrupted or free or errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
11. Harm to Your Computer
You understand and agree that your use, access, download or otherwise obtaining of content, website materials, software or data through the Website is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.
12. Limitation of Liability
VE may provide You with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after an email is sent, unless VE is notified that the email address is invalid. Alternatively, VE may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given thirty (30) days following the initial posting.
The failure of VE to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by VE.
15. Governing Law
The Terms are is governed by and construed under the laws of the Netherlands. Any dispute or claim arising out of or relating to this Agreement or claim of breach hereof shall be brought exclusively in a court of competent jurisdiction in the Netherlands. By execution of the Agreement, You and VE hereby consent to the exclusive jurisdiction of such courts, and waive any right to challenge jurisdiction or venue in such courts with regard to any suit, action, or proceeding under or in connection with this Agreement.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You without VE’s prior written consent, but may be assigned by VE without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
18. Entire Agreement
The Terms and Conditions constitute the entire agreement between You and VE relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by VE.
The services provided hereunder are offered by Virology Education B.V.: Biltstraat 106, 3572 BJ Utrecht, The Netherlands; firstname.lastname@example.org