TERMS THAT APPLY TO ALL USERS OF THE WEBSITE INCLUDING USERS WHO SUBMIT CONTENT
YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF AND/OR SUBMISSION OF CONTENT TO THE WEBSITE REPRESENTS YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT AND IN CONNECTION THEREWITH YOU HEREBY WARRANT AND REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO AND ACCEPT THE TERMS OF THIS AGREEMENT.
The Website and all Content contained on the Website are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As used herein, “Content” includes, without limitation, text, audio, video, graphics and other information and other data, ArtSec Group LLC retains all rights in such content and no license with respect thereto is granted to you except as expressly stated herein the EULA. Notwithstanding the foregoing, you may re-publish the Content on your own website, in a newsletter or in an e-book solely for promotional and/or educational purposes provided that you may not use the Content for commercial purposes and further provided that the Content will remain intact including, without limitation, with the author’s signature and all links completely intact, and further provided that you provide a back link to the Content on the Website clearly identifying the source of the Content. Without limitation of the foregoing your rights to reproduce the Content is further subject to the Creative Commons Attribution-NonCommercial License located at http://creativecommons.org/licenses/by-nc-sa/3.0/, which is incorporated into this Agreement by this reference. The ArtSec Group LLC name, the ArtSec Group LLC logo, and the names associated with the Website are trademarks of ArtSec Group LLC, and they may not be used without ArtSec Group LLC’s prior written consent. You may not attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website or any Content contained thereon.
DISCLAIMER/LIMITATION OF LIABILITY.
YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK. NEITHER ARTSEC GROUP LLC, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANTS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THE AFORESAID MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. NEITHER ARTSEC GROUP LLC NOR ANY OF ITS INDEPENDENT SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE FROM YOUR LOCATION.
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ARTSEC GROUP LLC, ITS EMPLOYEES, AGENTS (INCLUDING REPRESENTATIVES OR GUIDES), THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ARTSEC GROUP LLC, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRODUCT INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY CONTENT OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ARTSEC GROUP LLC’S RECORDS, PROGRAMS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES COMPANY’S LIABILITY IS HEREBY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR WARRANTIES AND REPRESENTATIONS; INDEMNITY.
You hereby warrant and represent that you are free to make all agreements made by you herein. You hereby agree to and do hereby hold ArtSec Group LLC and its successors, licensees and assigns harmless from and against all damages, losses, costs and expenses (including reasonable attorney’s fees and costs) which ArtSec Group LLC or any of its successors, licensees or assigns may suffer or incur by reason on the breach of any of the warranties or representations made in this Agreement.
In addition to any other remedies that ArtSec Group LLC may have at law or in equity, all of which are hereby expressly reserved, any violations by you of this Agreement will result in termination of your access to the Website. In addition, you agree to indemnify and hold ArtSec Group LLC harmless from any and all any damages, costs, expenses, fees (including attorneys’ fees) paid by or on behalf of ArtSec Group LLC which are a direct or indirect result of a violation by you of this Agreement.
If any provision of this Agreement is determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from this Agreement and shall not effect or impair the enforceability or validity of any other covenant or provision of this Agreement or any part thereof.
This Agreement is governed by the Laws of the State of Texas (exclusive of its choice of law rules). Exclusive jurisdiction and venue for all matters in this agreement shall be in courts located in Tarrant County, Texas and you hereby consent to such jurisdiction and venue. Notwithstanding and in addition to the foregoing, in choosing to submit Content on the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations in your jurisdiction.
ADDITIONAL TERMS THAT APPLY SPECIFICALLY TO USERS OF THE WEBSITE WHO SUBMIT CONTENT
SUBMISSION OF CONTENT.
The Content should be related to the contents of the Website (i.e., information security, ethical hacking, penetration testing, cyber forensics). The Content should not be purely in the form of advertisements for a product. Notwithstanding the foregoing, the Content may consist of articles about new products, solutions and services with significant impacts in the industry. ArtSec Group LLC will have final approval over all elements of the Content and you will make any changes to the Content as requested by ArtSec Group LLC as ArtSec Group LLC deems necessary to conform to the requirements set forth herein.
Without limitation of the foregoing, you will not submit any Content in the form of unsolicited advertisements or content (“spam”) or any Content that is illegal including, without limitation, child pornography or any Content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind including, but not limited to, any material which encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law.
You hereby agree that in submitting Content to the Website, you are an independent contractor, you are not eligible for any benefits ArtSec Group LLC may provide for its employees and nothing in this Agreement contemplates or constitutes you as an agent or employee of ArtSec Group LLC.
ArtSec Group LLC shall accord you a submission credit in substantially the same size type and prominence as other submission credits appear on the Website provided, however, that ArtSec Group LLC will not be deemed to be in breach of this Agreement for its inadvertent failure to accord such credit provided that ArtSec Group LLC has remedied such failure within a reasonable time following your notice to ArtSec Group LLC thereof and further provided that you hereby acknowledge that ArtSec Group LLC cannot guarantee that ArtSec Group LLC’s licensee(s) or other third parties will comply with the foregoing credit obligation.
OWNERSHIP OF CONTENT.
The Content including, without limitation, all the results and proceeds of your contributions of every kind rendered by and hereafter to be rendered by you in connection with the Content and the Website including, without limitaiton, all works based upon, derived from, or incorporating the Content, shall be considered made-for-hire under the United States Copyright Act and, at all stages of development, shall be and shall remain the sole and exclusive property of ArtSec Group LLC. If for any reason the Content would not be considered a work made for hire under applicable law, you hereby sell, assign, and transfer to ArtSec Group LLC the entire right, title and interest in and to the copyright in the Content and any registrations and copyright applications relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the Content, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing including, without limitaiton, any and all so-called “rental or lending rights” or similar rights, throughout the world and in perpetuity. Without limitation of the foregoing, ArtSec Group LLC and ArtSec Group LLC’s designees and assigns shall have the sole, exclusive and unlmited right to exploit the Content and/or any part thereof in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all formats and configurations as ArtSec Group LLC determines.
Without limitation of the foregoing if under applicable law, you retain any rights of paternity, integrity, disclosure and withdrawal or any other rights that may be known as or referred to as “moral rights,” or other inalienable rights to the Content, you hereby waive, all such rights, or, to the extent you cannot waive such rights, you agree not to exercise such rights, until you have provided prior written notice to ArtSec Group LLC and then only in accordance with any reasonable instructions that ArtSec Group LLC issues in the interest of protecting its rights. You agree to assist ArtSec Group LLC in every proper way to obtain and enforce the legal protections for the Content in any and all countries.
You agree to take all actions requested by ArtSec Group LLC in order to evidence ArtSec Group LLC’s rights in and to the Content. You will, upon ArtSec Group LLC’s request, execute, acknowledge and deliver to ArtSec Group LLC such additional documents as ArtSec Group LLC may deem necessary to evidence and effectuate ArtSec Group LLC’s rights hereunder, and you hereby grant to ArtSec Group LLC the right as attorney-in-fact to execute, acknowledge, deliver and record in the United States Copyright Office or elsewhere any and all such documents if you shall fail to execute same within 10 days after so requested by ArtSec Group LLC.
You hereby acknowledge that it may become necessary or desirable for ArtSec Group LLC to disclose to you some of ArtSec Group LLC’s proprietary information. You fully understand that the maintenance of such information in strict confidence and the confinement of its use to ArtSec Group LLC is of vital importance to ArtSec Group LLC. You agree that the information and knowledge divulged to you by ArtSec Group LLC or which you acquire in connection with or as a result of your submission of Content will be regarded by you as confidential.
WARRANTIES AND REPRESENTATIONS.
You hereby warrant and represent that all material and all ideas that are furnished by or to you in connection with the Content (exclusive of any furnished by ArtSec Group LLC) are or will be original with you or in the public domain throughout the universe or used with the consent of the original owner thereof, and shall not infringe upon or violate any copyright of, or infringe upon or violate the right of privacy or any other right of, any third party.