The following terms of use apply to all users or visitors of this website.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of Website Use and Acceptance of Terms of Use

This page (together with the documents referred to in it) tells you the terms of use (the “Terms of Use”) on which you may access or make use of our website www.vikingcloud.com and any subdomains of vikingcloud.com (the “Website”). Use of the Website includes accessing or browsing the Website. Please read these Terms of Use carefully before you start to use the Website, as these will apply to your use of the Website. By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you may not use the Website. Your access and use of this Website does not imply or create any commercial relationship between you and Viking Cloud.

Privacy Policy

These Terms of Use refer to our Privacy Policy which also applies to your use of the Website. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, and sets out information about the cookies on the Website.

Information About Us

www.vikingcloud.com is a site operated by Viking Cloud, LLC (“we“, “us”, “our”, “Viking Cloud”). We are registered in the USA and have our registered office at 405 West Superior Street, 7th Floor, Chicago, Illinois 60654.

Changes to the Website; Changes to Terms of Use

We may update the Website from time to time and may change the content at any time in our sole discretion. These changes will be effective immediately upon posting. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions. We may revise these Terms of Use at any time in our sole discretion by amending this page. These changes will be effective immediately upon posting. Please check this page from time to time to take notice of any changes we made, as your continued use of the Website following the posting of the revised Terms of Use makes them binding upon you.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it including without limitation all text, logos, icons, images, sound clips, video clips, data complications, page layout, designs, pictures, photos, content and publications accessible through the Website or any underlying or associated code and software.  Those works are protected by United States copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the Website for informational purposes only and you may draw the attention of others within your organization to content posted on the Website. You may request that Viking Cloud contact you. Other uses of the Website are not permitted. You may 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, photographs, video or audio sequences or any graphics separately from any accompanying text without our prior written consent. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged. You may not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No Reliance on Information

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. The Website is provided “as is” and on an “as available” basis. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

Limitation of our Liability; Disclaimer of Warranties

IN NO EVENT WILL VIKING CLOUD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, EVEN IF FORESEEABLE, UNDER ANY LEGAL THEORY, ARISING UNDER OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ITS CONTENT AND RELATED GRAPHICS, IS AT YOUR OWN RISK. THE WEBSITE, ALL SUCH INFORMATION AND RELATED GRAPHICS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, INCLUDING WITHOUT LIMITATION THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Viking Cloud HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We will not be responsible, or liable to any third party, for the content or accuracy of any materials provided by third parties (“Third-Party Content”) and posted on the Website through, for example, Twitter feeds or blog posts. We do not endorse any Third-Party Content posted on the Website. We operate a “notice and takedown” policy on the Website and if you believe that any content on the Website contains a defamatory statement or infringes your intellectual property rights please notify us immediately by emailing privacy@vikingcloud.com. Once we have received this notification we will use reasonable endeavours to remove the content within a reasonable period of time. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software.

You may not misuse the Website by knowingly introducing viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, logic bombs or other material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware. You may not attempt to gain unauthorised access to the Website, in particular non-public areas, the server on which the Website is stored or any server, computer or database connected to the Website. You may not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offense and we may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Prohibited Uses

You may use our site only for lawful purposes. You may not use the Website:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, logic bombs or other material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

  • reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provision of these Terms of Use;
  • frame or mirror any part of the Website or any software used by or in conjunction with the Website without our prior written consent;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, data-mine or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
  • modify, adapt, sub-licence, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or any software used by or in conjunction with the Website; or
  • access without authority, interfere with, damage or disrupt: any part of the Website; any equipment or network on which the Website is stored; any software used in the provision of the Website; or any equipment or network or software owned or used by any third party.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our site. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms of Use constitutes a material breach of the terms upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the Website;
  • issue of a warning to you;
  • 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;
  • further legal action against you; or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

Indemnity

You agree to indemnify us and keep us indemnified and hold us harmless (including our directors, officers, agents, and employees) against all losses, liabilities, costs, charges, demands, proceedings, damages, actions, expenses and claims, including reasonable attorney’s fees, howsoever incurred by us as a result of your use of the Website or a breach by you of any of these Terms of Use.

Linking to the Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Website must not be framed on any other site without our prior written consent. We reserve the right to withdraw linking permission without notice. You agree to cease such linking if, in our sole opinion, the website from which you are linking impacts upon our goodwill or reputation. If you wish to make any use of content on the Website other than that set out above, please contact privacy@vikingcloud.com.

Third Party Links and Resources in the Website

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Governing Law; Venue

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in Chicago, Illinois, USA, and the parties expressly consent to personal jurisdiction and venue in those courts.

Waiver

If we fail to insist on strict performance of any of your obligations under these Terms of Use, or if we fail to exercise any right or remedy to which we are entitled under these Terms of Use, this shall not be construed as a waiver of that right or remedy and shall not relieve you from compliance with such obligations.

Severability

If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These Terms of Use and any document referred to in them and other terms accepted by you in connection with your use of the Website represent the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both parties acknowledge that neither party has relied on any representation, undertaking or promise given by the other nor has anything been implied from anything said or written in negotiations between either party except as expressly stated in these Terms of Use.

Contact Us

Thank you for visiting the Website. To contact us, please email privacy@vikingcloud.com.

Last updated: February 18, 2021