Terms and Conditions of Use - Cesim Business Simulations
Last Updated: May 18, 2016
Welcome to Cesim Business Simulation Games, a service of Cesim Oy. Cesim offers software, analytics and other tools, and advice to help you grow as an educator through the use of business simulation games.
These Terms are a legally binding contract between you and Cesim Oy, located at Arkadiankatu 21A, 2nd Floor, Helsinki, Finland 00100. Cesim Oy provides the Services (as defined below) to you subject to and conditioned upon your acceptance of these Terms.
BY CLICKING “I ACCEPT” BELOW, OR BY ACCESSING AND USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES OR THIS SITE AND EXIT NOW.
Cesim may update and change any or all of these Terms, including but not limited to the fees and charges associated with the use of the Services. If we update or change these Terms, we will post the updated Terms at https://www.cesim.com/terms-and-conditions/. The updated Terms will become effective and binding on the fifth business day after they are posted. When we change these Terms, we will modify the "Last Updated" date above. We encourage you to review these Terms periodically.
1. Description of the Services
Cesim provides users with access to a rich collection of software, services, tools, and resources, including without limitation Cesim.com, Cesim Global Challenge, Cesim OnService, Cesim SimBrand, Cesim Hospitality, Cesim SimFirm, Cesim SimPower, Cesim Instructor, and other information, content, and services, which may be accessible through any medium or device now known or hereafter developed (the “Services”). The Services to which you have access depends on whether you are an educator or a student. Your Cesim license will include the features that are described on the Cesim website for the product for which you subscribe. The Services that are available may change from time to time, and Cesim may choose to discontinue some or all of the Services, in its discretion.
You understand and agree that the Services may include certain communications from Cesim or its agents or partners, such as service announcements and administrative messages, and that these communications are considered part of your Cesim license and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Cesim properties, shall be subject to these Terms.
2. Registration and Subscription
You can access the Cesim.com website and other websites without registering, but you must register to gain access to many of the Services. Your use of the Services is governed by these Terms regardless of whether you have registered.
To register, you must provide Cesim with certain information, including your name, a valid mailing address, an email address, and other information specified in the registration form ("Registration Data"). By registering, and in consideration of the use of the Services, you represent and warrant that: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; and (ii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You authorize Cesim to confirm the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Cesim has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cesim has the right to suspend or terminate your license and refuse any and all current or future use of the Services.
You are responsible for the security of your username(s) and password(s) and for any use of your account. You must immediately notify us of any unauthorized use of your password or account by sending an email to firstname.lastname@example.org.
Membership in or use of the Services is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited by law from using the Services.
Invoice Payment Process (for organizations)
Albeit your instructor account is free to use for an umlimited period of time, when you would like to add participants to your courses, you can just get in touch with us at email@example.com and we will send you an invoice for the agreed upon number of participants.
If the course is paid for in this fashion, the participants only need the course code from the instructor to join the course.
Worldpay Payment Process (for participants)
If the institution's policy is that participants have to pay for the course individually, we have the Worldpay payment system available for that purpose.
In this scenario the participants will have to follow the steps below:
1. Go to the www.cesim.com and click register button.
2. Input your email address (email must be a valid email address and will be verified before you can start making decisions). Note that we do not send any unsolicited email to your email address.
3. Fill in your first name and last name, confirm your email address, input password, and choose language and time zone.
4. Input your course code (given by your course instructor).
5. Select Credit Card or input your license code, if you have one already.
6. Click Finish to complete registration.
7. Click Pay Now to go to Worldpay payment page.
9. Select payment method.
10. Enter payment details and click Make Payment.
11. Continue registering to the course.
If you drop your class and can’t use the simulation you will receive a full refund of your payment. You must apply for the refund during the drop-out period of your course. If you want to get a refund during this time please send an email to firstname.lastname@example.org and we will process your refund request within three days. Please note that your profile will also be deleted from the simulation once you have requested a refund.
00100 Helsinki, Finland
tel. +358 9 406 660
Official registered name: Cesim Oy
Place of registration: Espoo, Finland
Registered office address: Arkadiankatu 21, 00100 Helsinki
Company registration number: FI07488512
Contact number: +358 9 406 660
Note: If you are an educator and your licenses run out, you will still be able to access the Cesim Instructor administration interface. If you are a student and your the game for which your license was valid for ends, you will not be able to access the Services anymore until you or your educator purchases a new license for you and enrolls you to a new simulation game. Cesim may, in its sole discretion, delete all of your data, images, content, and information upon your game's end, or after a long period of inactivity.
4. Cesim’s Proprietary Rights
The Services are based upon proprietary Cesim technology and include information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags ("Content"). The Content is protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. All Content and all intellectual property in the Content belongs to and is the property of Cesim or its licensors (if any). Without limiting the preceding sentence, Cesim owns and retains all copyrights in the individual web pages, components of web pages, and collective works available through the Services. The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Services, in whole or in part, by any means, except as expressly authorized in writing by Cesim. Cesim shall also own, and you assign, all right, title, and interest in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other generalized information provided by you or any other party relating to us or pursuant to these Terms or in the course of your use of the Services.
Cesim logos are trademarks and the property of Cesim. The appearance, layout, color scheme, and design of the Cesim.com site is protected trade dress. You do not receive any right or license to use them.
5. Use and Limitations of Use
Cesim grants you a personal, non-transferable and non-exclusive right and license to use the Services on these Terms. You are limited to the number of users, number of competitors, number of keywords, number of pages crawled, and number of pages served as described in the Subscription section of this agreement under the Product for which you subscribe.
Your license to use the Services is conditioned upon your representations and warranties that:
1) you will not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code;
2) you will not sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Services in any way, or ;
3) you will not "frame" or "mirror" any of its content in any other server or wireless or Internet-based device
4) you will not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to the Cesim servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
5) you will not use the Services in any manner that could damage, disable, overburden, or impair any Cesim website or interfere with any other party's use and enjoyment of the Services;
6) you will not modify software made available to you through the Services in any manner or form, nor use modified versions of the Services or software, including (without limitation) for the purpose of obtaining unauthorized access to the Services;
7) you will not to access the Services by any means other than through the interface that is provided by Cesim for use in accessing the Services;
8) you will not obtain or attempt to obtain any materials or information through any means that Cesim has not intentionally made available or provided; and
9) you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Any unauthorized use of the Content or any Services may violate patent, copyright, trademark, and other laws. You agree to cooperate with Cesim to prevent any unauthorized copying of the Services or Content.
Your use of the Services is subject to and expressly conditioned on your compliance with these Terms. If you fail to comply with the Terms or any other guidelines and rules published by Cesim, we may terminate and/or suspend your access to any portion of the Services. Any such termination or suspension shall be in Cesim’s sole discretion and may occur without prior notice, or any notice. Cesim further reserves the right to terminate or suspend any user's access to the Services or to any portion of the Services in response to any conduct or activity that Cesim, in its sole discretion, believes is or may be directly or indirectly harmful to other users (including but not limited to distributed denial of service (DDoS) or other attacks directed at your website), to Cesim or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local or foreign laws or regulations. Cesim further reserves the right to terminate or suspend any user's access to the Services, or to terminate the Services in their entirety, for any reason or for no reason at all, in Cesim's sole discretion, without prior notice, and with no liability to you.
7. Additional Services
Cesim offers training packages to help our customers succeed. The fees for some of these services are included in your license fee, however we may charge for custom training programs under certain circumstances.
Cesim can also create an entirely new template driven simulation interface for the customer. A custom quote is required for these services.
8. Customer Support
Customer Support is included in your license fee. The level of support to which you are entitled depends on the nature of your account (instructor or student).
You may log a support request through our in-built webform within any of the Cesim Services. Webform responses are provided during regular business hours only. We attempt to respond to webform support questions within one business day; in practice, our responses are generally even faster, however, we do not promise or guarantee any specific response time.
Phone support for the Services is available 9AM to 5PM (GMT +2), Monday through Friday, excluding Finnish national holidays. We accept email submissions 24 hours a day and 7 days a week at email@example.com.
9. Access to APIs
The Services may include access to application programming interfaces (“APIs”). You acknowledge and agree that Cesim may, in its sole discretion, limit, throttle, suspend or terminate your access to or usage of APIs, or change any of the API specifications, protocols, or methods of access for any or no reason, and Cesim will bear no liability for such decisions. It is solely your responsibility at all times to backup your data and to be prepared to manage your accounts and conduct your business without access to the APIs.
CESIM DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT ANY APIs WILL BE AVAILABLE WITHOUT INTERRUPTION OR WITHOUT BUGS.
10. Customer Reference
You agree that we can use your company name and logo in connection with marketing and promoting the Services.
11. Use of Communications Services
The Services may include bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities that enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are appropriate and related to the particular Communication Service, as determined by Cesim in its sole discretion.. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
We reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion but undertake no obligation to monitor the Communication Service. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about any person in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, Cesim specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Communication Service managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
12. Customer Data Confidentiality
Confidential customer data is the property of the customer. Cesim will not use personally-identifiable confidential data without prior customer consent. Cesim may use aggregate de-identified customer data and statistics for internal analysis and external marketing purposes.
Caution: Various features of the Services may allow you to collect information on your website and through other mechanisms. These collection mechanisms are not intended to and should not be used to collect credit card data, personal healthcare information, or other sensitive or regulated personal information because they do not meet PCI security standards. We cannot and do not ensure the security of data collected or transmitted through the Services, and we disclaim any and all liability that may arise from your use of the Services to collect such information.
13. User Submitted Materials
Cesim does not claim ownership of the materials you provide (other than suggestions, feedback and information relating to the Services as provided above) or post, upload, input or submit through the Services (collectively "Submissions") or works specifically created by Cesim for you. By posting, uploading, inputting, providing or submitting your Submission you are granting to us, our affiliated companies, and our sublicensees, permission to use your Submission in connection with the operation of our and their businesses. No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
14. Links To Third Party Sites
The Services may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators.
15. Disclaimers; Limitations of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SERVICES. CESIM AND/OR OUR LICENSORS AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CESIM AND/OR OUR LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CESIM AND/OR OUR LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CESIM TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND SECURITY OF THE INFORMATION THAT YOU PROVIDE TO US OR THAT YOU COLLECT OR SUBMIT WHILE USING THE SERVICES. THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION, OR ALTERATION WHILE IN TRANSIT. MOREOVER, BECAUSE NO SYSTEM CAN BE 100% SECURE, WE DISCLAIM ALL WARRANTIES REGARDING THE SECURITY OF THE SERVICES. IN NO EVENT WILL WE BE LIABLE IN ANY WAY IF INFORMATION THAT YOU PROVIDE TO US OR COLLECT THROUGH THE SERVICES IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR AUTHORIZATION OR CONSENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CESIM AND/OR OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CESIM OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, CESIM IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF CESIM AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF FIVE THOUSAND EUROS (€5,000.00) OR THE TOTAL AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICES IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
YOU UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, HUBSPOT, INC. WOULD NOT PROVIDE THE SERVICES TO YOU.
You agree to indemnify and hold Cesim (and its officers, directors, employees, agents, affiliates, and licensors) harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") by a third party arising out of (a) your use of the Services; (b) your noncompliance with or breach of any of these Terms, (c) your use of Flash Cookies, or (d) the unauthorized use of the Services by any other person using your user information. At Cesim’s option, you shall assume control of the defense and settlement of any Claim subject to indemnification by you (provided that, in such event, Cesim may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you shall not settle any such Claim without Cesim’s prior written consent).
To the maximum extent permitted by law, these Terms are governed by the laws of <insert area here> and you hereby consent to the exclusive jurisdiction and venue of courts in <insert area here> in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.
Cesim’s provision of the Services is subject to existing laws and legal process, including our rights and obligations to cooperate and comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise expressly stated herein, these Terms constitute the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cesim with respect to the Services.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
18. Notice Of Copyright Claims
Pursuant to <insert applicable law>, notifications of claimed copyright infringement under Finland copyright law should be sent to veijo.kyosti[at]cesim[dot]com. ALL INQUIRIES NOT RELEVANT TO THE SERVICES WILL RECEIVE NO RESPONSE.
If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting our copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this web site is as follows:
Arkadiankatu 21, Helsinki, Finland 00100
Attention: Veijo Kyösti
Telephone: +358 (0) 405 045 116
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers to and account holders of Cesim who are repeat infringers.
The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, return receipt requested to the contact address set forth on the contact page of the Services, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.