TERMS OF SERVICE
SCOPE OF AGREEMENT
The following Terms of Use (“Agreement”) govern the use of the website
located at https://www.infosecclubresources.com. By
accessing the Site, you, the end user of the Site (“you”), agree to be
bound by and comply with the terms and conditions of this Agreement,
which constitutes a valid and binding legal contract between INFOSec Club Resources ("ICR") and
you. If, at any time, you choose not to accept the terms and conditions
of this Agreement, you do not have permission to access or use the Site
in any manner, and you should exit the Site immediately.
Please take a few minutes to read this Agreement carefully.
Please note: ICR makes no representations or guarantees that
information, content, or other materials on the Site are accurate. ICR
asks users who submit content to affirm that any information in the
content is accurate, but ICR does not verify the accuracy of the
information submitted by users. All content on the Site is provided
solely to assist users, and you
acknowledge and agree that your access and use of all content made
available on the Site are at your own risk.
GRANT OF LICENSE
ICR hereby grants to you a personal, revocable, limited,
non-exclusive, non-sublicensable, and non-transferable license to use
and access the Site solely for your direct use and not for sale,
republication, or aggregation, conditioned on your continued compliance
with all provisions of this Agreement (including without limitation any
external terms and documentation linked or referenced herein).
When using the Site under the foregoing license, you shall not
directly or indirectly (a) use the Site to create, supplement, or
compile data for any service, website, application, or documentation
that performs substantially the same functionality as the Site, (b) disable,
circumvent, or otherwise avoid or undermine any security device,
mechanism, protocol, or procedure implemented in the Site without explicit permission, (c) use or
access the Site for any unlawful, fraudulent, deceptive, tortious,
malicious, or otherwise harmful or injurious purpose, (d) remove,
obscure, deface, or alter any proprietary rights notices on any element
of the Site or accompanying documentation, or (e) use the Site in any
manner which could damage, disable, overburden, or impair the Site or
interfere with any third party’s authorized use of the Site without explicit permission.
USER OBLIGATIONS
You represent that you will, at all times, provide true, accurate, current, and complete
information (which you have all necessary rights, permission(s), or
authority to provide) when submitting information to the Site. In
addition, you are responsible for compliance with all applicable laws,
rules, and regulations with respect to your use of the Site. If You
access the Site on behalf of any organization, your organization shall
be bound to this Agreement and be liable for any breach by you. You
represent that you have all rights, power, and authority to agree to
this Agreement on behalf of Your organization.
INFORMATION AND PASSWORDS
You may be required to register an account to use the Site or
certain features of the Site. Each registration is for a single user
only, unless otherwise expressly agreed by ICR. Registration for access
to and use of the Site may also require access credentials, such as a
username and a password, or adherence to other access requirements as
designated by ICR in its sole discretion from time to time. You hereby
agree to treat your access credentials as confidential and not to
disclose such information to any third party without the prior express
written consent of ICR, which may be withheld in its sole discretion.
You shall immediately notify ICR if you suspect or become aware of any
loss, theft, or unauthorized use of your login credentials. ICR will not
be liable for any loss or damage arising from your failure (whether
intentional or unintentional) to comply with these obligations. By
submitting the requested information to the registration form on the
Site, you represent and warrant that the information you submit for
registration is complete, true, accurate, and current in all respects.
You must maintain and promptly update your submitted account information
to ensure that such information is complete, true, accurate, and
current. ICR reserves the right to suspend, terminate, or otherwise
discontinue your account and/or pending registration if ICR has
reasonable grounds to suspect that any information you have submitted is
untrue, inaccurate, not current, or incomplete, or that your
registration, account, or use of the Site is in violation of applicable
law or this TOU.
USER SUBMISSIONS
Certain features of the Site may permit you to upload or submit User
Content. “User Content” includes but is not limited to, any text,
images, photos, audio, video, location data, ratings, reviews,
complaints, compilations, messages or information that is publicly
displayed by you. ICR asks users who submit User Content to affirm that
any information in the content is accurate, but ICR does not verify the
accuracy of the information submitted by users.
By submitting User Content to any part of the Site, you represent and warrant that:
- You are the sole author and owner of any intellectual property protected User Content you submit;
- You are solely responsible for any contributions, comments or postings you submit, including any feedback or questions;
- Your use and submission of the User Content does not violate this Agreement and will not cause injury to any person or entity;
- You have not been offered, have not accepted, and are not entitled
to receive any compensation in any form and from any party in connection
with submitted User Content; and
- You will indemnify, defend and hold harmless ICR and its creator from any third party claim(s) and any
damages, losses or injuries resulting from the display of your User
Content.
You further agree and warrant that you will not:
- Submit any User Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another’s privacy, hateful, discriminatory, or otherwise
objectionable;
- Submit any User Content that contains software viruses, malware, or
any other computer code, files, scripts, tools, or programs designed to
interrupt, destroy or limit the functionality of any computer software,
hardware or telecommunications equipment without explicit permission;
- Submit any User Content that infringes, misappropriates, or
otherwise violates any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
- Submit any User Content that is false, fraudulent, or misleading without explicit permission;
- Use the Site for sales and marketing purposes;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Invade another’s privacy in any way, including posting another’s personal details without their prior permission;
- Manipulate identifiers in order to disguise the origin of any User Content submitted without explicit permission;
- Act in a manner that affects other users’ ability to engage in real time exchanges; or
- Intentionally or unintentionally violate any applicable local, state, provincial, national or international law.
You acknowledge that ICR has the right in its sole discretion, to
remove, refuse, move, edit or delete any User Content submitted,
regardless of whether such content violates this Agreement.
By submitting User Content to the Site you hereby grant ICR a
royalty-free, perpetual, irrevocable, fully transferable, freely
sublicensable, world-wide license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform and
display the User Content in any media or medium, form, format or forum,
for any purpose in its discretion.
You acknowledge that you do not possess or reserve any right of
attribution, credit, acknowledgement, or prior approval in connection
with ICR's use of User Content. You further acknowledge that you are not
entitled to (and will receive no) compensation for any User Content,
and hereby expressly, willingly, and knowingly waive any right to
enforce any intellectual property or proprietary right against ICR as a
result of or on the basis of its licensed use of any User Content.
ICR shall not be subject to any obligations of confidentiality
regarding User Content except as otherwise expressly agreed by ICR in a
separate written agreement, or as otherwise expressly required by
applicable law.
DATA PRIVACY
You understand, acknowledge, and agree that the operation of certain
features of the Site may require or involve the submission, use, and
dissemination of various items of personally identifiable information,
including without limitation personal contact information. Please refer
to ICR's Privacy Policy, available at www.infosecclubresources.com/privacy
(as updated from time to time), for a summary of ICR’s policies and use
practices regarding personally identifiable information.
ICR INTELLECTUAL PROPERTY
ICR retains all right, title and interest, including all intellectual
property rights, in and to the information and content on the Site,
including, without limitation, any text, graphics, logos, buttons,
icons, images, and audio clips (“ICR Content”). In addition, this
Agreement grants you no right, title, or interest in any intellectual
property owned or licensed by ICR other than those limited license
rights specifically and expressly granted herein, and nothing in this
Agreement shall be construed as any grant of right or permission to use
or display ICR’s registered trademarks, service marks, logos, brand
names, trade dress and trade names (“Trademarks”) for any purpose.
You have no rights in or to such ICR Content or Trademarks and you
will not use any ICR Content or Trademarks, except as specifically
permitted under this Agreement. You may not do or allow anyone else to
do anything with the ICR Content or Trademarks which is not specifically
permitted under this Agreement. You may not use or display ICR's
Trademarks in any manner without ICR’s prior written consent. Unless we
specifically consent in writing, ICR’s Trademarks may not be used in
connection with any product or service that does not belong to us, in
any manner that is likely to cause confusion, or in any manner that
disparages or discredits ICR. Notwithstanding the foregoing, as between
the parties any goodwill generated from the use or display of ICR’s
Trademarks shall inure solely to the benefit of ICR.
Unless otherwise specifically set forth on the Site or unless
written consent is provided, you may only use and access, download and
copy the ICR Content for your personal, non-commercial use, and you will
not alter, erase or otherwise obscure our copyright, trademark,
proprietary or other notices on the ICR Content. You acknowledge and
agree that the ICR Content is made available for informational and
educational purposes only. ICR Content is not a substitute for legal, medical,
tax, or other professional advice, nor is it a substitute for your best
personal judgment. The accuracy of ICR Content is not guaranteed, and
ICR makes no representation or warranty of any kind. Unless otherwise
specifically specified on the Site, ICR Content should not be construed as a
representation of the opinions of ICR. Your reliance upon ICR Content
obtained through the Site is solely at your own risk. All rights not
expressly granted in this Agreement are reserved to us.
THIRD-PARTY MATERIALS
Certain services, features, or components made available via the
Site are delivered by third-party providers. By using any product,
service, or functionality originating from the Site, you hereby
acknowledge and consent that ICR may share information and data that you
submit or upload to the Site with the applicable third-party provider
as may be required to enable and facilitate the requested third-party
product, service, or functionality.
ICR EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY
THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND
SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE Site, AND YOU
AGREE THAT ICR SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED
AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY.
NOTIFICATION OF INFRINGING COPYRIGHT-PROTECTED CONTENT
Material may be made available on the Site by third parties not
within our control. We are under no obligation to, and do not, scan
material used in connection with the Site for the inclusion of illegal
or impermissible Content. However, we respect the copyright interests of
others. It is our policy not to permit material known by us to infringe
upon another party's copyright to remain on the Site.
To notify ICR of alleged copyright or trademark infringement on the
Site, in accordance with 17 U.S.C. §512(C)(3), you should provide us
with notice that at a minimum contains:
-
A electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
-
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works;
-
Identification of the copyrighted work that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit ICR to locate the material;
-
Information reasonably sufficient to permit ICR to contact the
complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may
be contacted;
All Notifications of Claimed Copyright Infringement should be sent to
infosecclubresources@gmail.com
Upon receipt of the above information, ICR will promptly investigate
and take appropriate action, then notify you of that action at the
contact address provided.
COMPLIANCE
You expressly
agree that the Site may only be used for lawful purposes as governed by
any applicable international, national/federal, state, provincial, or
local laws, statutes, and regulations. You may not use the Site in any
way that could result in criminal or civil liability. Use of the Site
from outside of the United States shall be in compliance with the laws
of the jurisdiction from which you access the Site.
DISCLAIMER OF WARRANTY
ICR DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS,
RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE Site AND DISCLAIMS ANY
LIABILITY FOR ERRORS OR OMISSIONS IN THE Site. THE Site ARE PROVIDED
"AS-IS" WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. ICR DISCLAIMS
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ICR DOES NOT WARRANT THAT THE Site ARE ERROR-FREE,
OR THAT THE Site WILL OPERATE ACCORDING TO YOUR EXPECTATIONS OR
REQUIREMENTS. IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE
DISCLAIMER OR EXCLUSION OF ANY OF THE FOREGOING WARRANTIES, SAID
WARRANTIES SHALL BE CONSIDERED EXCLUDED AND DISCLAIMED TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE Site IS
ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
INDEMNIFICATION
You agree to indemnify and hold harmless ICR and its creator (collectively the "ICR Parties") from and against any and all
claims, losses, expenses, demands or liabilities, including attorneys'
fees and costs, incurred by the ICR Parties in connection with any claim
by a third party (including any intellectual property infringement
claim) arising out of (i) your use of the Site and any material you
access using the Site or by any other means; (ii) a third party's use
of such material that you access using the Site and make available to
such third party; or (iii) your violation of this Agreement or any
applicable law. You further agree that you will cooperate fully in the
defense of any such claims. ICR reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and you shall not in any event settle
any such claim or matter without the written consent of the relevant
ICR Parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ICR BE LIABLE TO YOU OR ANY OTHER PARTY
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, BUSINESS
INTERRUPTION, GOODWILL OR OTHER INTANGIBLE LOSSES OF ANY KIND ARISING
FROM OR RELATING IN ANY WAY TO (I) YOUR USE OF, OR INABILITY TO USE, THE
Site OR THE INFORMATION CONTAINED IN THE Site; (II) ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; AND (III) ANY
OTHER MATTER RELATING TO THE Site, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
TERM, TERMINATION, AND SUSPENSION
This Agreement takes effect (or re-takes effect) at the moment you
first access or use the Site. This Agreement terminates automatically
if You fail to comply with any provision hereof, subject to the survival
rights of certain provisions identified below. You may also terminate
this Agreement at any time by ceasing to use the Site, but each
re-access or renewed use of the Site will reapply the Agreement to you.
Upon termination or expiration of the Site for any reason, all
licenses granted by ICR hereunder shall immediately terminate, and you
must immediately cease all use of the Site. The provisions of this
Agreement concerning ICR’s proprietary rights, the licenses and
permissions to User Content, disclaimers of warranty, limitations of
liability, waiver and severability, indemnification rights, injunctive
relief, and choice of law will survive the termination of this Agreement
for any reason.
ICR reserves the right at any time and on any grounds, including
without limitation any reasonable belief of fraudulent or unlawful
activity, to deny or suspend your access to the Site or to any portion
thereof in order to protect its name and goodwill, its business, the
security and stability of the Site, and/or the rights of others. ICR
may immediately suspend access to the Site and remove and discard any
User Content you submitted to the Site for any reason if ICR believes
you have violated or acted inconsistently with the terms of this
Agreement. ICR will not be liable to you or any third-party for
termination of your access to the Site.
RELATIONSHIP
Your use of the Site does not create, and nothing contained in this
Agreement will be deemed to establish, an employment, agency, franchise,
joint venture or partnership relationship between you and ICR. Use of
the Site does not provide you with the authority to enter into any
agreements for or on behalf of ICR. Moreover, use of the Site does not
grant you the authority, either express or implied, to incur obligations
or liability on behalf of ICR. By using the Site, you agree that no
attempts to subject ICR to any such obligations or liability will be
made.
WAIVER
Failure by ICR to enforce any of its rights under this Agreement
shall not be construed as a waiver of those rights or any other rights
in any way whatsoever.
OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have
entered into with ICR. If any such agreements conflict with the terms of
the instant Agreement, the other agreements shall control.
ADDITIONAL TERMS
Certain sections or pages on the Site (including without limitation
embedded features or tools supplied by third parties) may contain
separate terms and conditions of use, which are in addition to the terms
and conditions of this Agreement. Should there be a conflict, the
additional terms and conditions will govern for those sections or pages.
SEVERABILITY
If any provision of this Agreement is found to be invalid or
unenforceable, the remaining provisions shall be enforced to the fullest
extent possible, and the remaining provisions of the Agreement shall
remain in full force and effect.
MODIFICATION
ICR reserves the right to modify this Agreement at any time, with or
without notice to you, by posting an updated version of this Agreement
to the Site. Thus, you should check the Agreement periodically for
changes. You agree that ICR will not be liable to you or any third party
for any modifications to the Agreement.
SECTION HEADINGS
The
headings of Sections in this Agreement are provided for convenience only
and will not affect its construction or interpretation.
EFFECT
This Agreement will be binding on, inure to the benefit of, and be
enforceable against the parties to this Agreement and their respective
successors and assignees. Neither the course of conduct between the
parties to this Agreement nor trade practice shall serve to modify any
provision of this Agreement. All rights not expressly granted herein are
hereby reserved.
ELECTRONIC COMMUNICATIONS
ICR may send emails or other electronic messages to you concerning
your use of the Site, including without limitation by providing alerts
or notifications within the Site. You consent to receive such
electronic communications and you agree that all such electronic
communications constitute valid legal notices satisfying any requirement
that such notices be in writing.