terms of use

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

www.vikingcloud.com is a site operated by Viking Cloud, Inc., on behalf of itself and its affiliates (together “we”, “us”, “our”, “VikingCloud”). 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 VikingCloud.

Other applicable Terms

These Terms of Use refer to the following additional terms, which also apply to your use of our site:

• our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.  
• our Cookie Notice sets out information about the cookies on the Website.

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 However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.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 do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. 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. 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 make, as your continued use of the Website following the posting of the revised Terms of Use makes them binding upon you. 

Passwords; Security

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.  If you choose, or you are provided with, a user name, 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.  You agree to immediately notify VikingCloud of any unauthorised use of your user name or password or any other breach of security, and ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, for any reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use. 

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights of the Website (including without limitation all downloads, information, software, text, displays, images, video, audio, and any other material published on it), the design, selection and arrangement thereof, and any underlying or associated code and software.  Those works are protected by United States, European Union and other international laws regarding copyrights, patents, trademarks and other intellectual property, industrial or proprietary rights.

You are permitted to use the Website for your personal or legitimate business purposes.  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 organisation to content posted on the Website.

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, copy, download or otherwise use any part of the Website in breach of these Terms of Use, in addition to any other legal rights and remedies available to Us, 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.

Except where explicitly authorised by VikingCloud you must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our Website, or the Website itself without the prior written consent of VikingCloud in each instance.

No right, title or interest in or to the Website or any content on the Website are transferred to you, and all rights not expressly granted are reserved by VikingCloud and / or its licensors.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

VikingCloud’s Trademarks

VikingCloud’s name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of VikingCloud, its affiliates or licensors.  You must not use such marks without the prior written permission of VikingCloud.  

You shall not use the VikingCloud trademark either alone or in combination with other words or design elements, including in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual or any other form.

All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You may not use the Website:

• in any way that violates any applicable federal, state, local and international law or regulation (including without limitation, any laws regarding the export of data or software to and from the US, EU or other countries);
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
• to transmit, or procure the sending of, any non VikingCloud advertising or promotional material, or any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• 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;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic, hateful or unlawful, content, material or information;
• to impersonate or attempt to impersonate VikingCloud or any VikingCloud employee, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing).

You also agree that you shall not:

• use the Website, any content on the Website, or the output of any services provided via or in connection with the Website: (1) to train or develop any machine learning tools or models, large language tools or models, deep machine learning tools or models, or any other artificial intelligence tools or models; or (2) as input for or to train or in any way in connection with any software or service that incorporates or uses machine learning or any other type of artificial intelligence;
• 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 prior written consent;
• use any “deep-link, “page-scrape”, “robot”, “spider” or other automatic device, program algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
• 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;
• 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.
• 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 offence and we may report any such breach to the relevant law enforcement authorities and we will co-operate 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.

Failure to abide by these rules will result in VikingCloud terminating your access to the Website and may be the basis of legal action against you.

Geographic Restrictions 

Not all features, products or services discussed, referenced, provided or offered through this Website are available to all persons or in all geographic locations.

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No reliance on information

The content on the Website is provided for general information only and it is not intended to be advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, 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 endorse any third party content posted on the Website. 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 marketing@vikingcloud.com.

Limitation of our Liability; Disclaimer of Warranties

IN NO EVENT WILL VIKINGCLOUD, 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. VIKINGCLOUD 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.

CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER VIKINGCLOUD AFFILIATES OR INDIVIDUAL PERSONNEL OF SUCH AFFILIATES.  WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT TO THEM OR THEIR CONTENT BY US.

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. 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 LEGAL@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.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH OTHER VIKINGCLOUD AFFILIATE AND TO OUR RESPECTIVE PERSONNEL.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.

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. The Website must not be framed on any other site without our prior written consent. If you wish to make any use of content on the Website, please contact marketing@vikingcloud.com.

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

No waiver of these Terms of Use by VikingCloud shall be deemed a further or continuing waiver of such or any other term or condition, and any failure by VikingCloud to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court of competent jurisdiction to be illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, so that the remaining provisions of the Terms of Use will continue in full force and effect.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Entire Agreement

The Terms of Use and our (i) Privacy Notice and (ii) Cookie Notice constitute the sole and entire agreement between you and VikingCloud with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

About Us

Viking Cloud, Inc. is a Delaware corporation with an address at 111 North Wabash Ave. Suite 100 #3230, Chicago, IL 60602, USA. 

Contact Us

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

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Last Updated: December 19, 2023