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.
REGISTRATION AND USER ID
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
THIRD PARTY WEBSITES
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.
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.
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.