Welcome to RoboMind®. RoboMind is owned and operated by Research Kitchen VOF ("Company"), a company having it’s registered office at Rotterdamseweg 183-C, 2629 HD Delft, the Netherlands. Our customer contact email address is email@example.com
RoboMind includes two components:
Your use of the Desktop Client is subject to the RoboMind End User License Agreement (the "EULA") incorporated herein by this reference . Your use of the Service is subject to this Terms and Conditions of Use ("TOU"). You must accept the EULA and the TOU (collectively, the "Company Agreements") prior to working with RoboMind.
This Terms and Conditions was last updated on November 29, 2013
The following terminology applies to these Terms and Conditions of Use, the Privacy Statement and End User License Agreement and any or all Agreements:
Company grants you access to the Service hosted on these website pages conditional upon your agreement to accept the terms and conditions of this TOU and the application of the laws of the Netherlands to govern matters between us in relation to the Service. By accessing the Service you agree to indemnify us and not to hold us liable for the result foreseeable of any actions you may take based on the information contained herein.
Company may change, suspend or discontinue the Service at any time, including the availability of any feature, database, Content, and User Submissions. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Regular support is available by email. Supported helpdesk languages are Dutch and English. Support documentation is available in Dutch and English and often in other languages as well. The supporting websites RobomindAcademy.com and RoboMind.net contain extensive help documents, background information, example code, how-to movies, and example challenges. Questions and remarks can be send through this Contact Form.
Company does not warrant that the Service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this Service you thereby indemnify Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
In the course of using the Service, you and other users may provide information which may be used by Company in connection with the Service. Anything you store, or otherwise provide through the Service is your "User Submission." You retain ownership of any intellectual property rights that you hold in User Submission. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Service, you give Company (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with the Service), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Service, and to develop new ones. This license continues even if you stop using our Service.
You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company 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 in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Service.
Company does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Service and Desktop Client.
Although Company takes reasonable steps to screen the Service and Desktop Client for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making the Service and Desktop Client available, Company cannot guarantee that the Service and Desktop Client will be free of infection.
Further Company cannot guarantee and does make any warranties that the Service and Desktop Client will be uninterrupted or error-free.
THE SERVICE, DESKTOP CLIENT AND CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Company's website and Products may include hyperlinks to other websites owned and operated by third parties. We have no control over the contents of third party websites and/or the services they provide.
The existence of links to third parties on the website and/or in the Service or Desktop Client does not imply that Company is in any way associated with such third party or that any third party is authorised to use any copyright material, or logo of Company. Company does not guarantee that links to other sites will work all the time and has no control over availability of the linked pages.
Company accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your dealings with any third parties through the materials provided by us and the website and any terms, conditions, warranties or representations with such third parties are solely between you and such third party.
You agree that Company is not liable for such dealings, and you agree to indemnify us in the manner referred to above in these terms in relation to such dealings.
You are responsible for all of your activity in connection with the Service. The license granted to you in Section 2 is subject to following limitations (collectively, the "License Limitations"). Any use of the Service or the Desktop Client in violation of the License Limitations will be regarded as a breach of this TOU and an infringement of Company's copyrights in and to the Service and/or Desktop Client.
ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE DESKTOP CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
As a condition for access to most content of the Service and use of the Desktop Client you must register for and login using an Account. To create an Account you are required to register with Company with a unique email address / password combination ("Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.
With respect to Login Information you may (i) not select or use a name of another person with the intent to impersonate that person; or (ii) use a name which is subject to any rights of a person other than you without appropriate authorization.
You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Company by emailing or using this Contact Form.
In certain situations your Login Information may be created for you by your school or district. In that case a so called "Managed Account" is created. A Managed Account can only be created by a User with a valid Account and a valid Voucher.
All responsibilities for the Managed Account are with the creator of such an Account. The manager of a Managed Account is responsible for distributing the Managed Account Login Information to the intended User. A Managed Account does not have a valid email address and all communication with the User of such an Account will go through the manager of the account.
Access to most Educational Materials can only be obtained with a valid Voucher with specific rights to access those materials. Use of the Desktop service beyond the trial period is also only possible if the User has a valid Voucher.
A valid Voucher can be obtained in two ways: either by obtaining a Voucher from the Company (usually purchased through RoboMindAcademy.com), or by being distributed access rights by another User with an Account who has a valid Voucher with one or more valid and previously unused and undistributed access rights.
A Voucher can be obtained through RoboMindAcademy.com. If you do so, a Voucher code which grants access to certain Educational Materials, order summary and order invoice will automatically be send to the email address provided by you once payment of your order is confirmed. If applicable, links to possible downloadable materials like educational packages and the Desktop Client will also be sent by email to the email address provided by you.
When a Voucher or other materials are ordered through RoboMindAcademy.com, your name, address, email address and, in some cases, company VAT information will be required. You agree that you will supply accurate and complete information to in such case. You agree to pay all applicable taxes incurred by you and that you shall be responsible for all taxes associated with your use of the Service, including, without limitation any federal, state, local or foreign taxes or any sales or use taxes.
A Voucher can only be claimed once and will connect the Voucher to a unique Account. The access rights on a Voucher can also only be assigned once to any (other) Account. Once assigned these access rights cannot be revoked and/or reused.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF COMPANY. Company does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of your Account.
COMPANY MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
You are responsible for all of your activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Service.
Company may terminate or suspend any and all access to the Educational Materials immediately, without prior notice or liability, if you breach any of the terms or conditions of this TOU.
You understand and agree that Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this TOU, and shall have sole discretion regarding the course of action to take in connection therewith.
Accounts terminated by Company for any type of abuse, including without limitation a violation of these TOU or the Desktop Client EULA will not be reactivated for any reason. For purposes of explanation and not limitation, most Account suspensions, terminations and/or deletions are the result of violations of these TOU, the Desktop Client EULA or other Company policy.
Upon termination of your account, your right to access the Educational Materials will immediately cease. All provisions of this TOU which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Since Company is offering non-tangible irrevocable goods Company does not issue refunds after the product is shipped, which you are responsible for understanding upon purchasing.
Please make sure that you've carefully read all relevant documentation on the Education Pages and tried out the introductory Courses on the Service and/or tried the Desktop Client available for download through the Download page at RoboMind.net.
Company only makes exceptions with this rule when the product appears to be not-as-described on a case by case basis in agreement of the parties concerned.
Company reserves the right to issue refunds or credits at its sole discretion. If Company issues a refund or credit, Company is under no obligation to issue the same or similar refund in the future.
Company may modify this TOU or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Service. You should look at the terms regularly. Company will post notice of modifications to these terms on this page.
Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately.
In an effort to improve its products and services, Company may update the Service and/or Desktop Client. You acknowledge and agree that Company may update the Service and/or Desktop Client with or without notifying you.
Company may change, modify, suspend, or discontinue any aspect of the Service at any time. Company may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Service or associated with the Account.
User agrees to indemnify, defend and hold harmless Company, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable legal fees, arising out of the use of the Service or Desktop Clients by the User.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IS TO STOP USING THE SERVICE, AND TO TERMINATE ALL ACCOUNTS REGISTERED TO YOU.
Any provision in any memorandum received by Company in connection with the Service or Desktop Client which is inconsistent with, or adds to, the provisions of this TOU is void. Neither the parties' course of conduct or trade practice will modify the terms of this TOU.
If any provision of this TOU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect and enforceable.
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
This TOU is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this TOU and its rights and obligations without consent.
Both parties agree that this TOU is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOU , and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of this TOU and you do not have any authority of any kind to bind Company in any respect whatsoever.
Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You and Company agree there are no third party beneficiaries intended under this Agreement.
The parties shall attempt to resolve all disputes arising out of this TOU in a spirit of cooperation without formal proceedings.
Any dispute which cannot be resolved shall be governed by and construed under the laws of The Netherlands without regard to its conflict of law rules. The Court in The Hague in The Netherlands shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this TOU.
If you have any questions, complaints, or claims with respect to the Service, Desktop Client, or Content you may contact us at Rotterdamseweg 183-C, 2629 HD Delft, the Netherlands or firstname.lastname@example.org.