Immersive Labs Terms of Service
The present Terms and Conditions of Use are provided to you only in English. By subscribing, either as a trial, demo or paying user, you hereby declare that you understand the provisions of this document and that you agree to be bound by it.
- THE AGREEMENT AND OUR SERVICES
1.1 Welcome to the Immersive Labs Skills platform. These terms and conditions (.Terms.) and all the documents expressly referred to in them (the .Agreement.) are the terms and conditions of the agreement which you enter into with us when you use the Immersive Labs Service (as defined below) and when you access and make use of our platform which includes the Immersive Labs skills platform and any labs that are created through using the platform (the .Website.).
1.2 Please read these Terms, together with all the documents referred to in it, carefully before you start to use the Immersive Labs Skills platform. By accessing and using our platform, you indicate that you have read, understand and accept the terms and conditions of this Agreement and that you agree to abide by them each time you access and use our Immersive Labs Skills platform. If you do not agree to this Agreement, please refrain from accessing and using our platform. This Agreement applies to each visitor to and user of our Immersive Labs Skills platform including registered users and unregistered users.
1.3 The online services which are available on the Immersive Labs Skills platform through the Immersive Labs Service will, among other things, allow you to launch virtual servers, connect to those virtual servers and interact with the Internet. All of these online services can be accessed in areas of the Platform including but not limited to the company homepage.
- INFORMATION ABOUT US
2.1 The Immersive Labs Skills platform and the Immersive Labs Service is a web based platform operated by Immersive Labs Limited (.we., .us. and .our.). Immersive Labs Limited is incorporated in England with a registered office at SG House, 6 St Cross Road, Winchester, Hampshire, UK, SO23 9HX. registered company number 10553244.
- REGISTRATION AND ACCOUNT SECURITY
3.1 You may only open one account on the Immersive Labs Skills platform. When registering for an account on the Website you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes.
3.2 If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable, suspend or restrict any user identification name or password, whether chosen by you or allocated by us, at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of this Agreement. You may not: (i) enter, select or use an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use a name without appropriate authorisation. We reserve the right in our sole discretion to refuse registration of, suspend, or cancel a user identification name without notice, or to test the veracity of email addresses provided at any time. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user identification name and password chosen or provided to you for your access to the Immersive Labs Service shall be for your personal use only and is non-transferable.
3.3 You agree to (a) immediately notify us of any unauthorised use of your user identification name or password, or any other breach of security and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section. 3.4 If you forget or lose your password, you should request a new password by visiting the .Forgot Password. section in the Login area.
- ACCESSING OUR WEBSITE, CONTENT AND THE IMMERSIVE LABS SERVICE
4.1 Subject to this Agreement, you may:
4.1.1 use the Website for your own personal and non-commercial use to launch virtual machines, complete cyber exercises, view user records, badges and points only.
4.2 We have no obligation to monitor or moderate any user activity or use of our Website and/or the Immersive Labs Service, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request.
4.3 Without any admission of liability, we may from time to time assess any possible risks for users from third parties when they use the Website and/or the Immersive Labs Service, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. Moderators are registered users of the Immersive Labs Service who may interact directly with other registered users to identify potential problems, conduct random verifications to ensure that this Agreement and the Rules are being complied with and impose sanctions accordingly. We expressly exclude our liability for any loss or damage arising from the use of the Website and/or the Immersive Labs Service by a User in contravention of our content standards, whether the service is moderated or not. Where we do moderate the Immersive Labs Service, we will normally provide you with a means of contacting the administrator, should a concern or difficulty arise.
4.4 We do encourage the use by you of the Support Centre, available in the Contact section, which we have placed on the Website which allows you to report any Content that is in breach of this Agreement or in any other way objectionable and to notify moderators of any abuses or breaches of this Agreement and the Rules. The Contact section also allows you to report any problems you may encounter during your use of our website, connected to the Service.
4.5 Access to our Website and/or the Immersive Labs Service is based on a user subscription and we reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of the Website and/or the Immersive Labs Service without notice or liability. Access to our Website and/or the IMMERSIVE LABS Service is provided on an .as is. basis. You should not rely on any Content and/or other material on our Website and/or the Immersive Labs Service to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Content and/or materials by any user of our Website and/or the Immersive Labs Service, or by anyone who may be informed of any of the Contents.
4.7 You are responsible for making all arrangements necessary for you to have access to our Website and/or the Immersive Labs Service. You are also responsible for ensuring that all persons who access our Website and/or the Immersive Labs Service through your internet connection are aware of this Agreement, and that they comply with them.
4.8 You are responsible for determining whether the Content you post can be displayed to all Users or a specified group or individual.
- RESTRICTIONS ON RIGHT TO USE
5.1 You agree that you shall not (and you agree not to allow any third party to):
5.1.1 modify, adapt, or reverse engineer any portion of the Website and/or the Immersive Labs Service;
5.1.2 remove any copyright, trade mark or other proprietary rights notices contained in or on the Website and/or the Immersive Labs Service or in or on any Content or other material obtained via the Website and/or the Immersive Labs Service;
5.1.3 use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website and/or the Immersive Labs Service.
5.1.4 access, screen-scrape, retrieve or index any portion of the Website and/or the Immersive Labs Service for purposes of constructing or populating a searchable database of feeds, discussion forums, information and other Content.
5.1.5 collect any information about other Users (including user identification names and/or email addresses) for any purpose other than to share feeds and articles with our other Users;
5.1.6 reformat or frame any portion of the web pages or any Content that are part of the Website and/or the Immersive Labs Service;
5.1.7 create user accounts by automated means or under false or fraudulent pretences or create multiple user accounts;
5.1.8 create or transmit unwanted electronic communications such as .spam., or make excessive challenges or invitations, to other Users and/or the Immersive Labs Service or otherwise interfere with other Users use of the Website and/or the Immersive Labs Service;
5.1.9 transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature to other Users that will affect our IMMERSIVE LABS platform or the Website;
5.1.10 use the Website or the Immersive Labs Service to violate the security of any computer network that is not in scope for attack, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
5.1.11 copy or store any Content offered on the Website for other than your own use;
5.1.12 use any device, software or routine that interferes with the proper working of the IMMERSIVE LABS platform, Website and/or the Immersive Labs Service, or otherwise attempt to interfere with the proper working of the Website and/or the Immersive Labs Service;
5.1.13 take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
5.1.14 use the Website and/or the Immersive Labs Service, intentionally or unintentionally, to violate any applicable law;
5.1.15 collect or store personal data about other Users in connection with the prohibited activities described in this paragraph;
5.1.16 engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Website
5.1.17 use the Website and/or the Immersive Labs Service for advertising, marketing, charitable, campaigning, for public relations or political purposes of any kind;
5.1.18 impersonate any person or entity;
5.1.19 upload, post, e-mail, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.
- CONTENT STANDARDS AND LICENCE
6.1 These provisions apply to any and all Content which you contribute to our Website and/ or the Immersive Labs Service, and to any interactive services associated with it.
6.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole.
6.3 You are solely responsible for any Content that you submit, publish or display on the Website or transmit to other Users.
6.4 You are solely responsible for your communications published on our Website. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any User.s use of the Website. You understand that we cannot guarantee the identity of any other Users with whom you may interact in the course of using the Immersive Labs Service. Additionally, we cannot guarantee the authenticity of any data which Users may provide about themselves or relationships they may describe.
6.5 By posting Content on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant us, our contractors, and the Users of the Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content. This licence is exclusive, except you agree that we shall have the exclusive right to exercise this licence to the extent of combining your Content with the Content of other Users for purposes of constructing or populating a searchable database of feeds, discussion forums and other information. You understand that this licence allows us to reformat, excerpt, or translate any materials submitted by you.
6.6 We reserve the right to limit the amount or number of feeds, forum postings, or Content postings that you may make on a particular topic.
6.7 The following is a partial list of the criteria that Content must comply with. Content must:
6.7.1 be accurate (where they state facts).
6.7.2 be genuinely held (where they state opinions).
6.7.3 comply with applicable law in England and Wales, and in any country from which they are posted.
6.8 The following is a partial list of the type of Content that is prohibited on the Website. Content must not:
6.8.1 defame, abuse, bully, harass, stalk, threaten or otherwise offend others;
6.8.2 be unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial hatred, liable to incite violence, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be in breach of privacy or be inappropriate;
6.8.3 breach any applicable laws or regulations;
6.8.4 deceive or mislead any person and/or entity;
6.8.5 falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present:
6.8.6 upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements):
6.8.7 upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights:
6.8.8 upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, .junk mail,. .spam,. .chain letters,. .pyramid schemes,. or any other form of solicitation;
6.8.9 upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6.8.10 interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
- SUSPENSION AND TERMINATION
7.1 You agree that we may, with or without cause, immediately terminate your user account and access to the Immersive Labs Service without prior notice at our sole discretion. Without limiting the foregoing, the following may lead to a termination by us of a user’s use of the Immersive Labs Service and Website: (a) a breach of this Agreement, (b) a request by law enforcement authorities, police or other government agencies in respect of your account, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems experienced by us, and (e) extended periods of inactivity in respect of your account. Termination of your user account includes removal of access to all Immersive Labs Services, all Content that we may determine and may also bar you from further use of the Website. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account or access to the Website.
7.2 You understand and agree that we may review and delete any feeds, private messages, discussion forums or other Content that in our sole judgment breach this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other or us. We reserve the right to investigate and we will determine, in our discretion, whether there has been a breach of this Agreement through your use of our Website and/or the Immersive Labs Service. When a breach of this agreement has occurred, we may take such action as we deem appropriate.
7.3 Failure to comply with this Agreement may result in our taking all or any of the following actions:
7.3.1 immediate, temporary or permanent withdrawal of your right to use our Website and/or the Immersive Labs Service;
7.3.2 immediate, temporary or permanent removal of any posting, material or Content uploaded by you to our Website;
7.3.3 issue of a public (via the Website) or private warning to you;
7.3.4 limit the amount of postings you may make;
7.3.5 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
7.3.6 other legal action against you;
7.3.7 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.4 We exclude liability for actions taken in response to breaches of the content standards and restrictions of use. The responses described in this Agreement are not limited, and we may take any other action we reasonably deem appropriate.
8.1 If you believe that Content posted on the Website breaches this Agreement or is in any other way objectionable, please notify us through the Support contact information in the Contact section of the Website specifying the full details of such Content and identifying all postings of such Content and specifying the reasons for your objections. If you do not provide us with sufficient information, we maybe unable to process your complaint. Additionally, you can use the firstname.lastname@example.org to inform us about Content that is in breach of this Agreement. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take. You are solely responsible for your interactions with other Users of the Website. While we reserve the right to monitor or to intervene in disputes between you and other Users, we have no obligation to do so.
- DISPUTES WITH THIRD PARTIES
9.1 You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Website and/or the Immersive Labs Service. You will, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of we reserve the right to take any and all appropriate action against you under the terms of the Agreement.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner or the licensee of all intellectual property rights in our Website (except where is clear specified that belongs to others) and the Immersive Labs Service, and in the Content published on it. Those works are protected by copyright laws, trade mark laws, database laws and treaties around the world. All such rights are reserved.
10.2 The Website and the Immersive Labs Service (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of England and Wales and other countries. All individual articles, Content and other elements comprising the Website and the Immersive Labs Service are also copyrighted works. Except for the Content submitted by Users, the Website and the Immersive Labs Service and all aspects thereof, including all copyrights, trade marks, and other intellectual property or proprietary rights therein, is owned by us or our licensors. You acknowledge that the Website and the Immersive Labs Service and any underlying technology or software used in connection with the Website and the Immersive Labs Service contains our proprietary information or others where clear specified. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Website, or the Immersive Labs Service in whole or in part except as expressly provided. Except as expressly and unambiguously provided herein, we and our suppliers do not grant you any express or implied rights, and all rights in the Immersive Labs Service not expressly granted by us to you are retained by us.
10.3 If it is determined that you retain moral rights in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns, or on other websites, including on websites. (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights.
10.4 We are the proprietor of the IMMERSIVE LABS. All product names mentioned on our Website are the trade marks of their respective owners, and other trade marks may be displayed on our Website from time to time. Some material on our Website may contain other information containing intellectual property of a third party. Nothing displayed on our Website should be construed as granting you any license or right of use of any logo, information or trade mark displayed on it, without the express written permission of the relevant owner, save as expressly provided in this Agreement.
10.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations or any graphics separately from any accompanying text.
10.6 Our status (and that of any partners, advertisers or third parties identified on our Website) as the authors of material on our Website must always be acknowledged by you.
10.7 You must not use any part of the Content on our Website for commercial or non- commercial purposes without obtaining a license to do so from us.
10.8 If you print off, copy or download any part of our Website in breach of this Agreement, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.
- OUR LIABILITY
11.1 The Content and other material displayed, accessible from or used on our Website are provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
11.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
11.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with our Website and/or Immersive Labs Service or in connection with the use, inability to use, or results of the use of our Website and/or Immersive Labs Service, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or wasted office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.3 We shall not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on the Website.
11.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website and/or Immersive Labs Service or to your downloading of any material posted on it, or on any website linked to it.
11.5 We do not guarantee the security of the online services or any systems connected with the use of the Website (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Website or any systems used in accessing our services will be continuous or virus or error free.
11.6 Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in this Agreement.
12.1 You agree to indemnify and hold us, our parent, subsidiaries, officers, directors, shareholders and employees, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Website, (ii) your use of the Immersive Labs Service, (iii) the violation of this Agreement by you, or (iv) the infringement by you, or any third party using your account or user identification name or password, of any intellectual property or other right of any person or entity.
- UPLOADING CONTENT TO OUR WEBSITE
13.2 Any Software Content you upload to our Website will be considered confidential and proprietary. However, we also have the right, at our discretion, to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
13.3 Content which comprises business and/or advertising material will appear on the Website. Individual business and/or advertisers are solely responsible for the content of the material which they submit to us including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any business and/or advertising material, including, without limitation, any error, omission or inaccuracy.
- LINKING TO OUR WEBSITE
14.1 You may link to our home page, provided you are subscribed to the IMMERSIVE LABS and have registered as an API System user and are in compliance with the requirements of the API System. Links
- LINKS FROM OUR WEBSITE
15.1 Where our Website contains links to other websites and resources provided by our partners or other third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites you leave our Website and do so entirely at your own risk.
- CONTACT FROM US
16.1 In the course of providing you services and in respect of your use of the Website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Website, including emails which help inform Users about functionality of the Website. You also agree to receive emails containing information regarding new labs and/or functionality developed by our company and potential job opportunities.
17 JURISDICTION AND APPLICABLE LAW
17.1 The England and Wales courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website and/or Immersive Labs Skills platform although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. This Agreement is governed by England and Wales law. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.
19.1 We may revise this Agreement at any time by amending the pages upon which they appear on our Website without giving notice of such modifications. Such modifications become effective immediately upon posting of the modified terms on the Website. You agree to review the Agreement periodically so that you are aware of any modifications. Your continued use of the Website and/or Immersive Labs Service after any modifications indicates your acceptance of the modified Agreement.
19.1 A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.
20.1 In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.
- ASSIGNMENT AND ENTIRE AGREEMENT
21.1 We may assign or subcontract any or all of our rights and obligations of our Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.
22.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about the Website and/or the Immersive Labs Service provided by you to us are non-confidential and may be used by us at our discretion.
- YOUR CONCERNS AND COMPLAINTS
24.1 If you have any concerns about material which appears on our Website, please contact email@example.com.