From time to time and for any reason, VITO may, in whole or in part, alter, amend, update or review the Conditions without notice. VITO also reserves the right to terminate the Platform without notice and without liability. Your use of the Platform will be subject to the most current version of the Conditions posted on the Platform at the time of such use.
You hereby waive any and all defenses you may have based on the electronic form of the Conditions and lack of signing by the parties hereto.
User Conduct and Obligations. You agree to abide the Conditions, the additional terms and applicable laws and regulations when using the Platform. Furthermore, you agree that:
- You shall not interrupt or attempt to interrupt the operation of the Platform in any way;
- You shall not attempt to access and use the Platform for which no authorization is obtained.
- You shall be solely responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account.
- You are in control of your environment. You can install any software, provided you have a license to do so. You can add any kind of data, provided you have a license to use it. You can produce any kind of result, provided you are allowed to do so. In case you do not adhere to these terms, you are the sole responsible.
- Everything you do or develop on the Platform is your own property. If you work together with other Platform-users, you will make prior arrangements with these Platform-users regarding ownership.
- You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws and regulatory requirements;
- You will not act in an unlawful or unprofessional manner in connection with the Platform, including being dishonest, abusive or discriminatory;
- You are allowed to use the Platform for any purpose, on the conditions that
- It is legal
- It has no adverse effects on others users
- It does not degrade any of open services due to high load
- When using Copernicus Sentinel data, you agree to the Sentinel Data Legal Notice.
Interventions and service provisions. The Platform-system administrators have the ability to access your work space, but will only do so to guarantee service. Even then, they will not read, copy or backup your work. VITO likes you to report errors in data or software that you discover by using the Platform (email@example.com). This allows VITO to correct the data or software and by consequence guarantees the service. VITO shall perform system upgrades, which may temporarily interrupt the Platform-service. These interruptions will be announced at least one week before they are planned. There may also be unplanned interruptions. These could be caused by failing equipment or software malfunctioning. VITO will notify you as soon as an irregularity is detected, and then VITO will try to rectify the situation as soon as possible.
Disclaimer. This Platform and its information/data are created and managed by VITO with the utmost care. However, VITO cannot guarantee that the Platform and the information and data provided (hereinafter referred to as "the Information") are comprehensive, complete, accurate or up to date. If technical errors, typographical errors and/or other inaccuracies are brought to VITO’s attention, VITO will use all reasonable efforts to correct such errors and/or inaccuracies. However, VITO accepts no responsibility or liability whatsoever with regard to the Information and/or for the consequences of use of such Information.
The Platform and the Information made available on or accessed through this Platform are provided on an "AS IS" and "AS AVAILABLE" basis. VITO makes no representations or warranties of any kind, either express or implied, including but not limited to warranties or merchantability, fitness for a particular purpose or non-infringement of third party rights, with respect to the Platform and the Information. VITO further does not warrant that (I) the Platform and the Information will meet your requirements, and (II) the Platform and the Information will be available uninterrupted or error free.
Further, we stress that only a single user Virtual Machine (VM) can be requested. Users that need additional VMs can request these using VITO's offer within the Network of Resources.
Limitation of Liability. Your use of the Platform and the Information is at your sole risk. Under no circumstances, including but not limited to negligence, shall VITO be liable for any direct, indirect, special incidental or consequential damages, including but not limited to loss of data or profit, business interruption or other pecuniary loss, arising out of the use, or the inability to use the Platform and the Information, even if VITO has been advised of the possibility of such damages.
Governing law / Competent court. The formation, construction and interpretation of the Conditions shall in all respects be governed and construed in accordance with the laws of Belgium, without reference to its conflict of law rules. Any claim, dispute or controversy arising in relation to these Conditions, the breach of these Conditions, or the use of the Platform and/or its Information shall be resolved exclusively and finally settled by the competent courts in Antwerp, Belgium.