Terms of Service
February 2, 2020
These Terms of Service (“Terms”) apply to your access to and use of the websites and online products and services (collectively, the “Services”) provided by the DISARM Foundation and its affiliates (“the DISARM Foundation” or “we”). By using our Services, you agree to these Terms. If you do not agree to these Terms, do not use our Services.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
1. User Accounts and Account Security
You may need to register for an account to access some of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim in those usernames. You may close your account at any time by contacting us at firstname.lastname@example.org.
2. User Content
Our Services may allow you and other users to post and share content, including messages, links, text, photos, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and the DISARM Foundation.
You grant the DISARM Foundation a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
You may not post or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
3. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
- Use or attempt to use another user’s account without authorization from that user and the DISARM Foundation;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, license or, resell our Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or disable, bypass or circumvent restrictions or measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes via our Services;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, it is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose the DISARM Foundation or others to any harm or liability of any type.
Enforcement of this Section 3 is solely at the DISARM Foundation’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 3 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4. Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by the DISARM Foundation or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to access and use our Services for your own personal use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
5. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify the DISARM Foundation’s designated agent as follows:
Designated Agent: the DISARM Foundation Executive Director
E-Mail Address: email@example.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to the DISARM Foundation for certain costs and damages.
6. Third-Party Tools and Other Content
We may provide information about third-party products or services, including security tools, videos, templates, guides, and other resources included in our cybersecurity toolkits (collectively, “Third-Party Content”). You are solely responsible for your use of Third-Party Content, and you must ensure that your use of Third-Party Content complies with all applicable laws, including applicable laws of your jurisdiction and applicable U.S. export compliance laws. We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. The DISARM Foundation does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein, including our security tools and solutions, are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the DISARM Foundation does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While the DISARM Foundation attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
8. Limitation of Liability
To the fullest extent permitted by applicable law, the DISARM Foundation will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if the DISARM Foundation or the other the DISARM Foundation Parties have been advised of the possibility of such damages.
The total liability of the DISARM Foundation and the other the DISARM Foundation Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you (if any) to use our Services for the 6 months preceding the claim.
The limitations set forth in this Section 8 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the DISARM Foundation or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
9. Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the following:
if you are located in the United Kingdom, the laws of the United Kingdom will apply and any dispute will be resolved in the courts of London, England;
if you are located in the European Union, the laws of Belgium will apply and any dispute will be resolved in the courts of Brussels, Belgium; and
for all other users, the laws of New York (USA) will apply, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction, and any dispute between the parties will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York, New York.
10. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
You must comply with all applicable export compliance laws in connection with your use of the Services, including by ensuring that no content or materials are exported or re-exported to any country, person or entity in violation of any U.S. sanctions or export controls (including to any sanctioned or restricted entities). Without limiting the foregoing, you may not export or otherwise transfer any information or materials: (i) any country or region to which the United States has embargoed goods or services, (each, a “Restricted Country”); (ii) any person that is a resident or otherwise located in or under the control of any Restricted Country; (iii) any person identified as a “Specially Designated National” by the Office of Foreign Assets Control; or (iv) any person placed on the U.S. Commerce Department’s Entity List, Denied Persons List, or Unverified List (each of (ii)-(iv), a “Restricted Person”). You further represent and warrant that you are not a Restricted Person.
The failure of the DISARM Foundation to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. These Terms together with any supplemental terms we provide for the Services are the entire agreement relating to your use of the Services. You agree that communications and transactions between us may be conducted electronically.
14. Contact Us
The easiest way to reach us is by email, writing to the Executive Director, Jon Brewer at firstname.lastname@example.org.