Terms of Service
Terms of Service
Welcome to the Security Innovation Network™ (SINET) website (the “Site”). This Site is owned by the Security Innovation Network™ (SINET), whose registered office is: Security Innovation Network™ (SINET), 2269 Chestnut Street, #206, San Francisco, California, 94123. References to the terms “SINET”, “we”, “our” or “us” in these Terms of Service (“Terms”) refer to the Security Innovation Network™ (SINET), its subsidiaries, and affiliates, and each of their respective officers and personnel.
When we use the term “Site” we mean https://www.security-innovation.org and all of the web locations and Internet addresses (e.g., URLs, domain names and pages) that we own or control and use to offer and/or provide the Services (defined below), as well as all equivalent, mirror, replacement, substitute or backup web sites and all included web pages. These Terms apply to all Services made available via the Site. We use the terms “Service” or “Services” to refer, individually and/or collectively, to any or all of the services, promotions, events, communications and/or transactions made available through the Site and/or for use with any device and all of the associated content, features and functions. If you use, participate or take advantage of our Services, you will have confirmed your agreement to be bound by and comply any and all additional terms and conditions applicable to that particular Service (referred to individually and collectively, as “Additional Terms”). Our Privacy Policy, as well as any Additional Terms that apply to you, are all part of these Terms and form a part of your legally binding agreement with us regarding our Services. By using or attempting to use our Site and/or any Service you are confirming that you have read, understand and agree to, shall abide by and comply with all of the terms and conditions of these Terms, including our Privacy Policy and any Additional Terms.
You, and anyone using the Site or any Service, whether or not you are a Registered User (as defined below), may be referred to in these Terms as a “user”, even if you do not take advantage of the entire Site, all of our Services or all of the feature and functions available to you. The words “use” or “using” means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, accesses or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange messages, data or communicate with the Site or any Service or any other user, person, firm or enterprise on or through the Site or any Service, or in any way utilizes, benefits, takes advantage of or interacts with any content, feature, function of the Site or any Service, in any way and for any purpose whatsoever. We obtain certain information from all users of the Site and Services and you should refer to our Privacy Policy that contains important information and disclosures relating to our collection, maintenance and use of information we obtain from you in connection with your use of the Site and Services.
REGISTRATION AND USER ID
Although you do not have to register to be a user (i.e., to visit) or take advantage of some of the features and functions of the Site, in order to access, use or take advantage of many of the enhanced and certain other valuable services, features, functions and services that are available from or through the Site, you must register and become a registered user (“Registered User”) in which case you will be issued a unique user identification (“User ID”). We obtain certain information from all users of the Site, respond to Sponsors or other advertisers, or otherwise engage in activities or transactions with the Site, whether or not you are or become a Registered User, attempt to register or enter registration information. As a condition of participation in other Services available on the Site, Security Innovation Network™ (SINET) requires your permission to send you administrative and promotional emails. By participating in Services, you affirmatively permit Security Innovation Network™ (SINET) to send you administrative and promotional e-mails. We will send you information regarding your account activity, as well as updates about our Services and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our e-mail correspondences. You should read our Privacy Policy, which describes the Personal Information (i.e., the personally identifiable information) we collect, use, manage, store and disclose. Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. During registration or at other times when you use the Service, we may ask you to provide us with some additional information about yourself which is optional, but which enables us to customize the Service experience for you. We will indicate what information is required and what information is optional. We also have the right to require you to provide us with certain additional information (for example, a secret question and answer) for security or identity verification purposes. You are solely responsible for the confidentiality of your User ID and we are not liable for any harm caused or related to the disclosure, theft or misappropriation of all or any portion of your User ID or if someone else uses your User ID through no fault of ours, unless and until you notify us your User ID may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use or activity using your User ID or if you have any security concerns.
CONTENT AND MARKS
“Content” refers to all content, text, graphics, messages, newsletters, music, audio, video, artwork, illustrations, images, photographs, animations, data, information, databases, designs, other proprietary information and materials and all copyrightable or otherwise legally protectable elements of the Site and any Service, tangible or intangible, including, without limitation, the selection, sequence, ‘look and feel’ and arrangement of items, as well as all copyright and other rights in Marks (as defined below) or other intellectual property which you may encounter, which may be accessed and/or available from, are provided by or for your use in connection with the Site and any Service. Content is either our property or owned by our licensors, users, suppliers, operational service providers, advertisers, business or promotional partners or sponsors and is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and international treaties. You may only use Content, the Site and any Service generally, only as expressly provided herein, in accordance with these Terms, and for no other purpose. Any rights not specifically granted to you by us are fully reserved by us and any unauthorized or prohibited use of the Site or any Service may subject you to civil liability, criminal prosecution, or both. We use the term “Marks” to refer to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. Other Marks, names, words, titles, phrases, logos, icons, graphics, or designs contained in this Site may also be considered trademarks, trade names, or design marks of Security Innovation Network™ (SINET), Inc. Marks not owned by us are owned by third parties and distributed under license.
MODIFICATION OF TERMS AND/OR SERVICES
We have the right, any time and from time to time, for any reason in our discretion, to change these Terms, including the Privacy Policy and any Additional Terms that apply to any Service. If you use the Site or any Service after we implement or post a notice of a change, you will be bound by the change. Please check back to these Terms frequently so you are aware of the most current terms and conditions of your agreement with us. We also reserve the right, any time and from time-to-time, in our discretion, to modify, suspend or discontinue all or any portion of the Site or any Service without notice and without liability to you or any other party.
THIRD PARTY WEBSITES
These Terms do not cover any other services, web sites, web pages, transactions, relationships, activities or other things, nor any transactions or relationship you may have with any of our suppliers, advertisers, licensors, wireless or mobile carriers, internet service providers, operational service providers, promotional partners, sponsors or any other person, firm or enterprise, unless specifically stated. These Terms also do not cover your rights or responsibilities with respect to third party content or links that may direct your browser or your connection to third party sites or pages, even if they appear on or are linked with our Site and you should refer to the terms of use and privacy policies that apply to these third parties since they, not us, are responsible for them. References in this Site or any Service to any products, services, processes, hypertext links, or other information, by trade name, trade mark, manufacturer, supplier, or otherwise, do not necessarily constitute or imply our endorsement, sponsorship, or recommendation.
CODE OF CONDUCT AND POSTINGS
Your use of the Site and any Service is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use or activity using your User ID or if you have any security concerns. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your email address, account or User ID. You may not use, allow or enable others to use our Service or knowingly allow use by others, in any manner that is, attempts or is likely to:
(a) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive which may or may appear to impersonate anyone else.
(b) affect adversely or reflect negatively on us, our Service or on our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion of our Service, from becoming a Subscriber or from advertising, linking or becoming a supplier or licensor to us;
(c) send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, “spamming” (i.e., SPAM) or “phishing”;
(d) be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for compensation or through links with any other web site or web pages;
(e) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware or other potentially harmful programs, material, code or information;
(f) forge any TCP/IP packet header or part of the header information in any message, email, chat or posting for any reason;
(g) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
(h) gain unauthorized access to our Service or any other users’ account, User ID, names, passwords, Personal Information, Subscriber information, profile, or other computers, web sites or web pages connected or linked to our Service or to use our Service in any manner which violates or is inconsistent with these Terms;
(i) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Service or the rights or use and enjoyment of our Service by others; or
(j) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Site.
When we use the term “Post”, “Posted” or “Posting” we are referring to each and every time you submit, provide, furnish, share, message, instant message, exchange, transmit or communicate any information, ideas, images, audio-visual material, opinions, files, messages). In fact any time you communicate or make anything available or accessible on the Site you will have “Posted” it. With respect to each Post submitted by you, you grant us a perpetual, worldwide, royalty-free right and non-exclusive license to use, distribute, reproduce, modify, adapt, translate, publicly perform and publicly display such Post on the Site and/or in connection with the applicable Service. The preceding license grant does not apply to Personal Information submitted by you, which will be treated in accordance with our Privacy Policy. We shall be free to use any ideas, concepts, know-how, or techniques contained in any Posting, including but not limited to developing, manufacturing, and marketing products or services incorporating or otherwise based on such Posting.
You are solely responsible and liable for Postings made under your User ID, name, user name, email address, password and/or your registration, subscription and/or profile information, if any. Postings do not reflect our views and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Posting, nor do we endorse or support any opinions or ideas expressed in any Posting. In no event shall we have or be construed to have any responsibility or liability for or in connection with any Posting. If we determine, in our sole discretion, you have not complied with any of our Terms or if, in our judgment, you or any Posting violates these Terms, we reserve the right, at any time, without notice and without limiting any and all other rights we may have, at law or in equity, to (a) refuse to allow you to Post again, (b) remove and delete your profile, any Postings, your registration, subscription, User ID, user name or any other indicia or authorization to use all or any of our Site, (c) revoke your registration and right to use all or any of our Services, and (d) use any technological, legal, operational or other means available to enforce these Terms, including, without limitation, blocking specific IP addresses or deactivating your registration, access rights using your e-mail address, your User ID, user name and/or password.
Our Site has a finite, and therefore limited, capacity and some Postings and messages may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become inoperable. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver any Postings or messages or for any failure, inaccuracy or delay. Do not rely on the timeliness or performance of our Site for any transactions, Posting, messages or other communications.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OUR SITE AND ALL SERVICES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR ANY GUARANTY OR ASSURANCE THE SITE OR ANY SERVICE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE ARE ALSO NOT LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR ANY SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF OUR SITE AND ANY SERVICE.
YOU UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS NOR OUR OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, WIRELESS OR MOBILE CARRIERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF OR ARISING FROM OUR SITE OR ANY SERVICE, REGARDLESS OF THE FORM OF ACTION, THE LEGAL THEORY OR BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED FIFTY DOLLARS (US $50), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
You agree if you have a dispute with us or are dissatisfied with any aspect of our Site or any Service or any of the Terms with us, termination of your registration and use of our Site or any Service is your sole right and exclusive remedy, even if that right or remedy is deemed to fail of its essential purpose. You acknowledge and agree we have no other obligation, liability or responsibility to you or any other party.
LAW THAT APPLIES
Your use of the Site, any Service and these Terms, shall be governed, construed and enforced under the laws of the State of California applicable to contracts made, executed and wholly performed in California. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the County of San Francisco, California and you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
MISCELLANEOUS
These Terms, including our Privacy Policy and any Additional Terms are legally binding and constitute your agreement with us regarding the Service. These Terms represent the complete and exclusive statement of terms and conditions between you and us regarding the subject matter, superseding any and all prior or inconsistent agreements, understandings, discussions, communications, written, oral or otherwise. They may only be modified by us as set forth herein and cannot be changed orally, by course of dealing or conduct or otherwise. If any term or condition is held illegal, invalid or unenforceable, this will not affect any other provision each of which will continue in effect. Any term or condition which must survive to allow us to enforce its meaning shall survive; however, no action arising out of these Terms or your use of the Site or any Service, regardless of the form of action or basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, the date the first cause arose). Our delay or failure to take any action shall not be or be construed as a waiver of that or any other term, condition or right we may have. You may not transfer or assign these Terms or your right to use our Service to anyone and any attempt to do so shall be void ab initio.
FOR REFERENCE:
For ease of reference, the SINET Privacy Policy can be reviewed at any time.
These Terms were last modified on 31 January 2014 and are effective immediately.
© Security Innovation Network™ (SINET). All Rights Reserved.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on our Site should be sent ONLY to our Designated Agent and in accordance with the statutory requirements.
NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. GENERAL INQUIRIES SHOULD BE SENT TO THE CONTACT SET FORTH IN THE CONTACT US SECTION OF THE SITE.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Repeat Infringer Policy
We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings for which we receive a notice of infringement. Each user agrees that if his or her account is terminated pursuant to these Terms, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to these Terms, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.