SkillsPass is a software as a service solution that is hosted on Bluedrop ISM’s cloud platform. Key users of SkillsPass include Trainers, Learners and Sponsors. “Trainers” are organizations that perform training and grant certifications in SkillsPass; “Learners” are individuals who receive training from Trainers and have their certification records maintained in SkillsPass; and “Sponsors” are organizations that are associated with an individual Learner for the purposes of accessing the Learner’s certifications in SkillsPass. Sponsors often send employees (Learners) to training courses with Trainers which result in earned certifications. These certifications are then available to the Learner, the Sponsor and in some cases other organizations who are designated as Sponsors within SkillsPass.
PART I – SUMMARY
A. How to sign up and create an account in order to use the Services
Some of our Services may require Users to register and/or create an account with Bluedrop. You will be required to select an account designation (as a Trainer, Employer/Sponsor or Learner) and create a password.
You will also need to create a password. You should ensure you choose a strong password and that you do not share it with others. If you have reason to believe your password or account has been compromised or stolen, you should contact us immediately. Bluedrop is not responsible if you fail to take proper steps to protect your account or password, or if you fail to notify us of a security breach.
You may also be asked to provide certain personal information to us, including a valid email address and the region you are located. All information you provide must be correct and true, and you are required to update it from time to time as needed to ensure that it remains true and correct. If we believe the information you have provided to us is incorrect, we may decide to suspend or terminate your use of the Services.
Once you create an account, we may communicate with you in the following ways: (1) within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address).
B. The purposes that you are allowed to use the Services
You are allowed to use the Services for your own personal use or internal business use. You may access the Services on your own mobile device or computer, or some other device that you control or are permitted to use.
C. What you are restricted from doing with the Services
You may not use the Services in any inappropriate, unauthorized or unlawful manner or for any purpose which violates any laws in either your or our jurisdiction including but not limited to conduct and content resulting from the use of the Services. Without limiting the foregoing, you shall not, in respect of your use of the Services. Some examples of restricted activities are:
– you cannot create a false profile, attempt to access another person’s account or impersonate other people;
– you cannot harass others or disclose personal information of other people;
– you cannot publish content that is untrue, hateful or threatening to other people;
– you cannot do anything that violates the copyright ownership rights of Bluedrop in the Services, such as using the word SkillsPass or Bluedrop or our logos in any business name, email, or URL;
– you cannot interfere with any security settings or controls that are in place to protect the Service system or Users; or
– you cannot sell access to the Services or any data, or use the Services for any purposes that they are not intended to be used.
A detailed list of examples of restricted activities is provided in section 10 below [NTD: Consider hyperlink to the section below]
D. Our ownership of the Services, including SkillsPass
Except for content that you create (known as “User Generate Content”), Bluedrop owns all rights, in and to SkillsPass, the Website and all content and materials used in the Services.
E. Your ownership of User Generated Content
You retain all rights in the User Generated Content you submit through SkillsPass. By submitting User Generate Content through the Services, you give Bluedrop a license to use it or modify it in any form throughout the world forever.
You agree that you have good and proper title to the User Generated Content and have all necessary rights, power and authority to give Bluedrop the above license.
F. The extent or limit of our liability related to your use of the Services
If the local laws that apply in the place you reside do not allow for a full limitation of liability, then Bluedrop’s liability will be limited to either the amount you paid for the Services, or $100, whichever is lower.
If anyone brings a claim, cause of action, or dispute against us related to your actions, content or information on the Services or your use of the Services, you agree that you will be completely responsible and hold Bluedrop harmless from (i.e. not responsible for) any damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.
G. When Services may be suspended or discontinued
We reserve the right to discontinue – temporarily or permanently – the Services (or any part thereof) without notice. If the Services are discontinued, we have no responsibility to continue to store or keep any information you have posted via the Services. You acknowledge that we may prevent your access to the Services at any time in our sole discretion, including without limitation, your access to any content created, submitted, posted, displayed on or through any of the Services.
In addition, both you and Bluedrop may terminate the Services at any time with notice to the other.
PART II – POLICY DETAILS
1.1. Please read the following terms carefully. They apply to your use of: (1) our SkillsPass online platform including all enhancements, versions, and modifications to the foregoing (“SkillsPass”); (2) our website, located at https://bluedropism.com (the “Website”); and (3) the courses and training materials that we offer or otherwise make available to you (“Courses”); and (4) the related services, apps, Courses and communications provided through SkillsPass or our Website (the “Services”).
1.2. In this User Agreement “you” and “your” refer to any person or entity who downloads, views, uses, accesses, browses or submits any content or material to SkillsPass or registers as a user of the Services. The term “User” refers to Trainers, Sponsors and Learners. The terms “we”, “us” and “our” refers to Bluedrop ISM., its affiliates and its partners.
2.2. Violating any of the terms and conditions set out in this User Agreement will result in the immediate and automatic termination of your authorization to use any of the Services. You must then (1) immediately cease use of all Services; and (2) remove and delete any and all materials, products, software and applications downloaded or otherwise obtained from or in connection with the Services.
3. Intellectual Property and Proprietary Rights
3.1. All intellectual property rights, including without limitation copyright, in and to SkillsPass, the Website and all content and materials (including, but not limited to, all designs, text, graphics, interfaces, images (and the selection and arrangements thereof), software, hypertext markup language (“HTML”), scripts and active server pages) used in the Services therein are owned by and shall remain owned by us, except as otherwise expressly stated in this User Agreement.
4. Limited Licenses
4.1. We grant you a single user, worldwide, non-assignable, royalty-free, non-exclusive license to access and use SkillsPass on a mobile device or computer that you own or control and to run the copy of SkillsPass solely for your own personal or internal business purposes.
5. Licensed Materials
5.1. You agree that the grant of the above licenses in SkillsPass and content (the “Licensed Materials”) are subject to the following conditions and that you shall not directly or indirectly:
(a) reproduce the Licensed Materials or use the Licensed Materials in any compilation or publication in any medium, including without limitation, incorporate the information, content, or other material in any database, compilation, archive or cache without our prior written consent;
(d) remove any proprietary notices in relation to our intellectual property rights;
(e) deep-link to the Services for any purpose or access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Services; or
(f) link or frame to any pages of the Services or any content contained therein (including but not limited to Licensed Materials), whether in whole or in part, except as provided herein.
5.2. Any rights not expressly granted herein are reserved.
6. Creating An Account, Password, and Security
6.1. The Services may require you to register and/or create an account with Bluedrop. During this process, you must select an account designation (as a Trainer, Employer/Sponsor or Learner) and create a password.
6.2. You agree to: (1) use a strong and secure password; and (2) keep your password secure and confidential. You are responsible for anything that happens through your account. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password; and (b) ensure that you exit from your account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
6.3. You may also be asked to provide certain personal information to us, including a valid email address and the region you are located. In consideration of the use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
6.4. You agree that we may provide notices to you in the following ways: (1) within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address).
7. Modifications to Services
7.1. We reserve the right to modify the Services (or any part thereof), including but not limited to the Services’ features, look and feel, and functional elements without notice, including without limitation, through bug fixes, patches and version updates which add, modify and/or remove features of the Services (collectively, “Updates”). You agree that we may install all such Updates as required in our sole discretion.
8. Discontinuation of Services
8.1. We reserve the right to discontinue – temporarily or permanently – the Services (or any part thereof) without notice. If the Services are discontinued, we have no responsibility to continue to store or keep any information you have posted via the Services. You acknowledge that we may prevent your access to the Services at any time in our sole discretion, including without limitation, your access to any content created, submitted, posted, displayed on or through any of the Services.
9.1. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that we have no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Bluedrop a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of SkillsPass or the other Services.
10. User Conduct and Prohibited Use of Services
10.1. Your use of the Services is subject to all applicable laws of your jurisdiction. You agree to comply with all reasonable instructions that we may give you regarding the use of the Services. Without limiting the generality of the previous sentence,
(a) you agree to comply with Canadian and local laws or rules regarding online conduct and acceptable content, and regarding the transmission of technical data exported through the Services from Canada or the country in which you reside;
(b) provide accurate information to us and keep it updated; and
(c) use the Services in a professional manner.
10.2. You may not use the Services in any inappropriate, unauthorized or unlawful manner or for any purpose which violates any laws in either your or our jurisdiction including but not limited to conduct and content resulting from the use of the Services. Without limiting the foregoing, you shall not, in respect of your use of the Services:
(a) harass others or disclose personal information about others that could amount to harassment;
(b) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libelous, hateful, threatening or otherwise illegal material (including but not limited to Licensed Materials) or information or anything which might constitute a criminal offence or give rise to a civil liability either for you or us;
(c) upload files that contain software or other material which are the intellectual property of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents or otherwise use the Services in such a way as to violate the intellectual property rights of any third party;
(d) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Services;
(e) violate the intellectual property or other rights of Bluedrop, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word SkillsPass or Bluedrop or our logos in any business name, email, or URL;
(f) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
(g) manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
(h) create a false identity or create a profile for anyone other than a real person;
(i) use or attempt to use another person’s account;
(j) impersonate others;
(k) promote or encourage illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
(l) commit any acts of infringement on the Services or with respect to Services content or Software;
(m) use the Services to engage in commercial activities;
(n) attempt to gain unauthorized access to other computer systems from or through the Services;
(o) interfere with another person’s use and enjoyment of the Services or another entity’s use and enjoyment of the Services;
(p) use the Services for chain letters, junk mail, spamming, or use of distribution lists;
(q) solicit email addresses or other personal information from Users you don’t know, without authorization;
(r) use, disclose or distribute any data obtained in violation of this User Agreement;
(s) bypass, circumvent, disrupt, interfere with, or otherwise harm or violate the security or controls of the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites;
(t) develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
(u) use, copy, download, extract or reutilise any part of the Services, or use or allow any third party (such as search engines), to use, copy, download, extract or reutilise any part of the Services without the consent of Bluedrop;
(v) imply or state that you are affiliated with or endorsed by SkillsPass without our express consent;
(w) rent, lease, loan, trade, sell/re-sell access to the Services or related data;
(x) remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
(y) engage in framing, mirroring, or otherwise simulating the appearance or function of the Services;
(z) overlaying or otherwise modifying the Services or their appearance;
(a) access the Services except through the interfaces expressly provided by Bluedrop; or
(b) use a Service for tasks that it is not intended for.
11. Restrictions on User Generated Content
11.1. To the extent that the Services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, “Submit”), including, but not limited to, photos, images, information, articles, illustrations, audio files, videos, or text (collectively, “User Generated Content”) you agree not to Submit any User Generated Content that:
(a) contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
(b) is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
(c) contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
(d) infringes any copyright, trademark, patent, trade secret, or other intellectual property right of us or any third party;
(e) harms or is inappropriate for minors to view;
(f) advertises, promotes or offers to trade any goods or services;
(g) is intended primarily to promote a cause or movement, whether political, religious or other;
(h) links to any commercial or other website; or
12. User Representations and Warranties
12.1. You retain all rights in the User Generated Content you Submit through SkillsPass. You grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, all User Generated Content you Submit (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in such User Generated Content. This includes the right to edit and make formatting changes to your User Generated Content (such as translating it, modifying the size, layout or file type or removing metadata) and the right to make your User Generated Content available on any other sites, applications, and Bluedrop interfaces.
12.2. Each time you Submit User Generated Content to the Services, you warrant that you have good and proper title to the User Generated Content and have all necessary rights, power and authority to grant the above license. You agree that you waive all moral rights you may otherwise have in the User Generated Content.
13. Disclaimer of Responsibility for User Generated Content
13.2. In addition, we do not represent or warrant that any other content or information accessible via the Services is accurate, complete, or current. We assume no responsibility or liability for any errors or omissions in the content of the Service.
14. Learner Certifications and Trainer Obligations
14.1. Bluedrop does not review Learner certificate information. By using the Service and entering certifications associated with particular Learners, each Trainer and/or Sponsor represents and warrants that the information provided in respect of a Learner is true and correct.
14.2. Bluedrop does not accept any responsibility for the accuracy or timeliness of any content or certifications provided by Trainers and / or Sponsors.
14.3. If a Learner disputes any certification provided by a Trainer and / or a Sponsor, the Learner should contact the Trainer and / or Sponsor to resolve the dispute.
14.4. Once a Trainer or Sponsor has associated a particular certificate or credential with a particular Learner, the certificate record can only be deleted or modified by the Trainer, Sponsoror by us. Learner certificate information will continue to be stored and remain accessible if the Trainer’s account which entered the information is deleted.
15. Disclaimer and Limit of Liability
15.1. THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY US, YOU, OTHER USERS, AND AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, MEDIA DEVICES, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NOT WITHSTANDING THE FOREGOING, THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS ASSOCIATED WITH ANY COURSE OFFERED THROUGH THE SERVICES ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES AND ARE NOT A SUBSTITUTE FOR CONSULTING A QUALIFIED PROFESSIONAL IN THE APPLICABLE FIELD AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY OR SUITABILITY OF INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON ANY OF THE COURSE MATERIALS
15.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
15.3. TO THE EXTENT PERMITTED UNDER LAW, BLUEDROP AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE (A) USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES, (B) RELIANCE ON INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES.
15.4. WITHOUT LIMITING THE ABOVE, BLUEDROP AND/OR ITS AFFILIATES SPECIFICALLY ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER:
(a) ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PROFANITY, DANGER, INACCURACY, OR INCOMPLETENESS IN THE SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH THE RELIABILITY OR SUITABILITY OF INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED IN ANY OF THE FOREGOING; OR
(b) FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES OR FROM THE USE OF ANY MEDIA DEVICES PROVIDED BY BLUEDROP IN CONNECTION WITH THE SERVICES.
15.5. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY of BLUEDROP AND/OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO BLUEDROP, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
15.6. This limitation of liability is part of the basis of the bargain between you and Bluedrop and shall apply to all claims of liability (e.g. Warranty, tort, negligence, contract, law) and even if Bluedrop or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
17.1. Both you and Bluedrop may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services.
17.2. To disable your account contact email@example.com
18. Dispute Resolution
18.1. You agree that the laws of the Province of Newfoundland and Labrador, Canada, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this User Agreement and/or the Services. You agree to the exclusive jurisdiction of the Courts of the Province of Newfoundland and Labrador in the event of any dispute or proceeding.
19. General Terms
19.1. If any provision of this User Agreement is declared invalid or unenforceable, such finding will not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision will be deemed to be severed to the extent such severance is permitted under applicable law.
19.2. To the extent allowed by law, the English language version of this User Agreement shall govern and other translations are for convenience only. This User Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
19.3. If we do not act to enforce a breach of this User Agreement, that does not mean that Bluedrop has waived its right to enforce this User Agreement.
19.4. You may not assign or transfer this User Agreement (or use of Services) to anyone without our consent. We may assign or license any and all of our rights and obligations under this User Agreement to any person as we may, in our sole discretion, deem appropriate, including without limitation in connection with a merger, reorganization or sale of all or substantially all assets or equity interests.
19.5. Except as expressly stated herein, there are no third party beneficiaries to this User Agreement.
20. Complaints Regarding Content
20.1. We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. If you have any concerns about this, please contact us using the links below.
21. How To Contact Us
21.1. If you want to send us notices or service of process, please contact us: firstname.lastname@example.org
Last updated: April 22, 2022
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Bluedrop’s experience and proven eLearning content development capabilities are foundational in supporting our customers’ upskilling & reskilling requirements, and in maximizing the power of the SkillsPass™ Integrated Skills Management Platform.
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The eLearning content solution combined with our SkillsPass ISM platform to help connect workers, employers, and related stakeholders. We also offer full execution support and program management including marketing, adoption, and customer support specialists that help drive successful uptake and results.
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