Terms of Service

Last Updated: August 15, 2023

Kazoo Studios Inc. (“SkillRecord”, “we”, “us” and terms of similar meaning) provides this website (skillrecord.com) and the services provided by or through this website to you subject to these terms and conditions of use. These terms and conditions of use together with the SkillRecord Privacy Policy (collectively, the “Terms”) govern your use of this website and the services provided.

In these Terms, we call this website, any successor websites (together, the “Website”) and the apps and other software we provide the “Application”. We refer to the services provided by or through the Application as the “Services”.

Please read these Terms carefully before using the Services. By accessing or using the Services you acknowledge that you have read and understood these Terms and agree to be legally bound by these Terms and all policies and guidelines incorporated by reference in these Terms. If you do not agree to be bound by these Terms in their entirety, you may not use the Services.

SkillRecord reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you at the email address you provide in your registration information, if any, or we will post a notice in the Application.

Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised Terms on this Website, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. The Terms will always show the ‘last updated’ date at the top. If you do not agree to the modified Terms, you must stop using the Services. You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account.

In these Terms, our customers are called “Subscribers”. Persons to whom Subscribers give “administrator” access on the Website are called “Staff”. Persons invited by Subscribers or their Staff (including, but not limited to, trainees, trainers, technical reviewers, employer representatives) who use the Services (for example, view or update passports and logbooks) are called “Invitees”. In these Terms, users of the Services, whether they are Subscribers, Staff, Invitees, people who post comments on a SkillRecord support forum, or casual browsers of the Website, are called “Users”.

If you have any questions about the Terms, please email us at the address set out at the bottom of these Terms.

1. Privacy Policy

Please refer to the SkillRecord Privacy Policy (https://skillrecord.com/privacy) for information on how SkillRecord collects, uses and discloses personally identifiable information from its Users. By using the Services you agree to our use, collection and disclosure of personally identifiable information.

2. Registration Data; Account Security

If you register for an account on the Services, you agree to (a) provide true, accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); and (b) promptly update the Registration Data and any other information you provide to SkillRecord, to ensure it remains true, accurate and complete.

You agree to keep your access credentials (such as passwords, API keys or other information required to access the Service) secure and confidential. You must immediately notify SkillRecord of any unauthorized use (or suspected unauthorized use) of your access credentials. You are responsible for all activity on your SkillRecord account, and for all charges incurred by your SkillRecord account.

The access credentials are the property of SkillRecord and may be revoked if you share them with any third party (other than as allowed in the Terms), if they are compromised, or if you violate these Terms.

3. Fees; Charges; Taxes

Membership fees and any other charges for the use of the Services are described on the Website. For “Enterprise” clients, fees and terms are outlined on your Enterprise Service Agreement which is an appendix to these Terms.

If you choose to become a Subscriber, you must designate and provide information about your preferred payment method (e.g. credit card, online payment service or any other payment method made available by SkillRecord) (the “Payment Method”).

All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method at the start of the monthly or annual billing period, as applicable, and will auto-renew until your membership is terminated. Renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize SkillRecord to charge your Payment Method for the appropriate membership fees and for any other purchases you elect to make via the Website.

If you upgrade your membership to include additional Invitee accounts or other services, such changes may result in a new billing date effective upon the date you elect such upgrade or addition.

You may switch to a different Payment Method or update your billing information by visiting your “Billing Portal” page. 

You may cancel your membership by visiting your “Billing Portal” page and selecting “Cancel” or by contacting us at support@skillrecord.com. The cancellation of a membership will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle.

All purchases are final and no refund will be given for unused portions of your initial or any renewal membership period.

Membership fees may change from time to time. If membership fees change, we will give you at least 30 days’ notice. If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

All prices are quoted and are payable in United States’ Dollars and, unless otherwise stated, are quoted before shipping charges, GST, PST, QST, HST or other applicable taxes which will be added on top of the quoted price, but itemized separately. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.

4. Ownership, Copyright and Trademarks

In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Subscribers, Invitees or other Users, is called “User Content”. For example, questions or comments a User enters into a SkillRecord support forum is User Content of the User.

Generally, User Content is that User’s property. However, User Content provided by an Invitee is the property of the inviting Subscriber. This is the case as this User Content (e.g. User passports and logbooks) is provided within a shared information space that is created and sponsored by the inviting Subscriber. If the Subscriber account is cancelled, any associated Invitee accounts are cancelled as well.

SkillRecord’ only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Sections 5 and 14 of these Terms.

Other than the User Content, the Services, all Content and all software available on or in respect of the Services or used to create and operate the Services is the property of SkillRecord or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved.

The term “SkillRecord”, “SkillRecord Passport”, the SkillRecord logo and other SkillRecord product and service names and logos are the exclusive trademarks of SkillRecord, and you may not use or display such trademarks in any manner without SkillRecord’s prior written permission. Any third party trademarks or service marks displayed via the Services are the property of their respective owners.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the sole discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.

5. Your Limited License of Your User Content to SkillRecord

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Website and provide the Services, now and in the future. For example, if you leave comments on the SkillRecord blog or posts on the SkillRecord forum, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.

Therefore, by posting or distributing User Content to or through the Services, you (a) grant SkillRecord and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other Users (for example, if a Subscriber issues a passport or logbook to an Invitee), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.

6. Our Limited License of Content to You

SkillRecord grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by SkillRecord at any time.

You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law in Canada, the United States, and any country in which you are using the Services.

To request permission for uses of Content not included in this license, you may contact SkillRecord at the address set out at the bottom of these Terms.

7. Use of Interactive Areas and the Services

The Services function as a venue to connect Users in a virtual information space. As a neutral facilitator, SkillRecord is not directly involved in the actual transactions between Users of the Services. As a result, SkillRecord has no control over the truth, accuracy, quality, legality, or safety of postings made by Users of the Services. SkillRecord shall have no responsibility to confirm the identity of Users. SkillRecord shall also have no responsibility to confirm or verify the qualifications, background, or abilities of Users (including those acting as technical reviewers) of the Services. You shall at all times exercise common sense and good judgment when dealing with any User of the Services.

The Services may include training passports, logbooks, blogs or other forums in which you or third parties may post task reviews, logbook entries, messages, photos or other items (“Interactive Areas”). If SkillRecord provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk.

You expressly agree that SkillRecord is not providing professional, technical, or workplace-related advice via the Services. The content provided through the Services, including all text, photographs, images, illustrations, graphics, audio, video, and audio-video clips, and other materials, whether provided by us, by Users or third parties is not intended to be and should not be used in place of the advice of qualified professionals. The transmission and receipt of our content, in whole or in part, or communication via the Internet, e-mail, or other means does not constitute or create a professional relationship between you and SkillRecord.

You expressly agree that the content you post may carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction, or negligence of SkillRecord or by the action, inaction or negligence of others. You also expressly agree that SkillRecord does not assume responsibility for the inspection, supervision, preparation, or conduct of any User or project that utilizes the Services.

You agree not to post, upload to, transmit, distribute, store, create, link to or otherwise publish through the Services any of the following:

• any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• unsolicited promotions, political campaigning, advertising or solicitations;
• private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
• viruses, corrupted data or other harmful, disruptive or destructive files;
• content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
• content that, in the sole judgment of SkillRecord, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose SkillRecord or its affiliates or its users to any harm or liability of any type.

SkillRecord has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

Further, as a condition of using the Services, you must:

• not attempt to undermine the security or integrity of SkillRecord’ computing systems or networks or, where the Application or Services are hosted by a third party, that third party’s computing systems and networks;
• not use, or misuse, the Application or Services in any way which may impair the functionality of the Application, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Application;
• not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Application or Services are hosted;
• not use the Services or Applications to transmit any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
• not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services except as is strictly necessary to use either of them for normal operation.

Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.

8. Providing a Reliable and Secure Service

We take reliability and security seriously, and put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your User Content.

We use what we believe to be “best-in-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. For instance, we use restrictive firewalls to protect stored data and uses 256 bit SSL certificates to encrypt data transferred between you and the Services. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use SkillRecord, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. 

With respect to credit card information, SkillRecord uses a third-party service (i.e. https://stripe.com) to ensure that this sensitive data is collected and processed in a secure manner consistent with the PCI DSS requirement.

9. No Responsibility for Third-Party Services, Websites or Content

As a service to our Users, the Services may contain links to third-party websites (“Third-Party Websites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including payment processors and other intermediaries that you may use in connection with your use of the Services. You use Third-Party Websites, Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.

Although we are interested in receiving feedback regarding our Third-Party Service providers and their products and services, and may from time to time assist you in your dealings with such Third-Party Service providers, SkillRecord is not responsible for the performance or non-performance of any Third-Party Service provider. Inclusion in the Services of Third-Party Materials does not imply SkillRecord’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

The provider of Third-Party Materials and Third-Party Services is solely responsible for such Third-Party Materials and Third-Party Services, the content therein, any warranties to the extent that such warranties have not been disclaimed, any training, support or maintenance for the Third-Party Materials and Third-Party Services, and any claims that you or any other party may have relating to that Third-Party Materials and Third-Party Services or your use of them. You acknowledge that you are purchasing the license to Third-Party Materials and Third-Party Services from the provider of those Third-Party Materials and Third-Party Services. SkillRecord is not a party to the license between you and the provider with respect to such Third-Party Materials and Third-Party Services.

10. Advertisements and Promotions

SkillRecord may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than SkillRecord, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SkillRecord is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.

11. Warranty Disclaimer

YOUR USE OF THE SERVICES AND CONTENT (COLLECTIVELY, THE “SkillRecord SOLUTION”), AND ANY THIRD PARTY MATERIALS OR THIRD PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THIS AGREEMENT, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SkillRecord, ITS OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE SkillRecord SOLUTION OR THIRD PARTY MATERIALS OR THIRD PARTY SERVICES ARE OR WILL (A) BE FIT FOR A PARTICULAR PURPOSE, (B) BE OF GOOD TITLE, (C) BE OF MERCHANTABLE QUALITY; OR THEY DO NOT OR WILL NOT INTERFERE WITH OR INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE, THE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SkillRecord SOLUTION. SkillRecord, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SkillRecord SOLUTION IS OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

SkillRecord, ITS SUBSIDIARIES AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

12. Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against SkillRecord, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Services or any Third Party Materials or Third Party Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services or any Third Party Materials or Third Party Services. You use the Services or any Third Party Materials or Third Party Services at your own risk.

Without limitation of the foregoing, neither SkillRecord nor any other Released Party shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Services or any Third Party Materials or Third Party Services, including without limitation any damages caused by or resulting from your reliance on the Services or any Third Party Materials or Third Party Services or other information obtained from SkillRecord or any other Released Party or accessible via the Services or any Third Party Materials or Third Party Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to SkillRecord or any other Released Party’s records, programs or services.

In no event shall the aggregate liability of SkillRecord, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Services exceed any compensation paid by you for access to or use of the Services during the three months prior to the date of any claim. In no event shall SkillRecord have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use any Third Party Materials or Third Party Services.

You shall defend, indemnify and hold harmless SkillRecord and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services or any Third Party Materials or Third Party Services, and if you are a Subscriber, from your Invitees’ use of the Services and from the use of the Services or any Third Party Materials or Third Party Services by any person to whom you give access to your account (including administrators), including any claims made by any person that any of your, and if you are a Subscriber, your Invitees’, User Content infringes the rights, including the intellectual property rights, of any third party (collectively, “Indemnified Claims”). SkillRecord reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any Indemnified Claims. You agree to reasonably cooperate as requested by SkillRecord in the defence of any Indemnified Claims.

13. Communications

Notices that we give you may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers on the dashboard area of the Website. Or we may post a notice to Users within the app or on the Website. When we post notices on the Website, we post them in the area of the Website suitable to the notice. It is your responsibility to periodically review the Website for notices.

User Content submitted to any public area of the Website will be considered non-confidential. Subject to the Privacy Policy, if you send to SkillRecord or post on the Website in any public area any information, ideas, inventions, concepts, techniques or know-how (“Users Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that SkillRecord can use the User Submissions without acknowledgment or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Website or send them to us.

14. Termination/Modification of License and Website Offerings

Notwithstanding any provision of these Terms, SkillRecord reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

Cause for terminating your license to use the Services shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your User Content, and (z) barring of further use of the Services.

15. Inactive Accounts; Termination of Agreement

If your account is inactive for at least two months (as determined by SkillRecord), we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account.

If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at support@skillrecord.com. SkillRecord reserves the right to charge a data storage fee for storage of the information associated with deactivated accounts. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.

You and SkillRecord may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. When your SkillRecord account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Services such as blogs, support forums, or product reviews, which may remain on the Services after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

If these Terms expire or terminate for any reason, Sections 4, 8, 9, 12, 15, 16, and 17, and any representation or warranty you make in these Terms, shall survive indefinitely.

16. Applicable Law and Venue

The Services are controlled by SkillRecord and operated by it from its offices in Victoria, British Columbia. You and SkillRecord both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and SkillRecord explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website, the Content or the Services will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) involving SkillRecord and arising out of or relating to (a) these Terms; (b) the Website, the Content, or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Website, the Content, or the Services; or (d) the relationships that result from these Terms or the Website, the Content, or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should send notice to arbitrate to the address set out at the bottom of these Terms. If we have a Claim, we will send notice to arbitrate to the email address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of British Columbia.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Victoria or Vancouver, British Columbia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

SkillRecord makes no representation that the Content in the Website or the Services are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access the Services from locations outside of Canada do so on their own initiative and are responsible for compliance with applicable local laws and you agree to indemnify SkillRecord and the other Released Parties for your failure to comply with any such laws.

Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Sections 8, 10, 11, 13 and 16 shall survive termination of your account and/or the Terms.

17. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The Services are not intended to be used by children. Subscribers must be at least eighteen (18) years old to use the Services.

SkillRecord may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of SkillRecord, and any such attempted assignment will be void and unenforceable. 

These Terms constitute the entire agreement between you and SkillRecord regarding your use of the Services, the Content, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and SkillRecord regarding your use of them. 

The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including appendices and notices, have been and shall be drawn up in the English language only.

18. Questions and Comments

If you have any questions regarding these Terms or your use of the Services, please contact us via email at privacy@skillrecord.com.