Last revised on 9th January 2018
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
A. Purpose. The mission of InfoSec Skills is to provide online and onsite training courses and professional certification to businesses and their workforces and to the general public.
2. YOUR OBLIGATIONS.
A. Applicable laws and this Agreement You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
1. DOs and DON'Ts
2. Complaints Regarding Content Posted on the INFOSECSKILLS Website and
B. License and warranty for your submissions to INFOSECSKILLS.
You own the information you provide INFOSECSKILLS under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant INFOSECSKILLS a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialise, in any way now known or in the future discovered, any information you provide, directly or indirectly to INFOSECSKILLS, including but not limited to any user generated content, ideas, concepts, techniques or data to the services, you submit to INFOSECSKILLS, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your INFOSECSKILLS profile information accurate and updated.
C. Service Eligibility.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older, or have written permission from a parent or legal guardian if your are younger than 18 (2) are not currently restricted from the Services, or not otherwise prohibited from having a INFOSECSKILLS account, (3) are not a competitor of INFOSECSKILLS or are not using the Services for reasons that are in competition with INFOSECSKILLS (4) will only maintain one INFOSECSKILLS account at any given time (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party (6) will not violate any rights of INFOSECSKILLS, including intellectual property rights such as copyright or trademark rights and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
D. Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential (2) not permit others to use your account (3) refrain from using other Users' accounts (4) refrain from selling, trading, or otherwise transferring your INFOSECSKILLS account to another party and (5) refrain from charging anyone for access to any portion of INFOSECSKILLS, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact INFOSECSKILLS customer service.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through INFOSECSKILLS.
F. Payment. If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to INFOSECSKILLS or a INFOSECSKILLS appointed credit card processor storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Premium Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. To cancel your Premium Services, please contact INFOSECSKILLS customer service.. You also acknowledge that INFOSECSKILLS Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
G. Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
H. Notifications and Service Messages. For purposes of service messages and notices about the Services to you, notice shall consist of an email from INFOSECSKILLS to an email address associated with your account, even if we have other contact information. You also agree that INFOSECSKILLS may communicate with you through your INFOSECSKILLS account or through other means including email, mobile number, telephone, or delivery services including the UK Postal Service about your INFOSECSKILLS account or services associated with INFOSECSKILLS. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
I. Mobile Services.
INFOSECSKILLS may offer the Services through mobile applications created by it or third party developers ("Platform Developers"). If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your INFOSECSKILLS data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your INFOSECSKILLS account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing INFOSECSKILLS through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
J. User-to-User Communication and Sharing (INFOSECSKILLS Groups, Updates, etc.).
INFOSECSKILLS may offer various forums and blogs such as INFOSECSKILLS Groups where you can post your observations and comments on designated topics. INFOSECSKILLS may also enable sharing of information by allowing users to post updates, including links to news articles and other information to these groups. Ideas you post and information you share may be seen and used by other Users, and INFOSECSKILLS cannot guarantee that other Users will not use the ideas and information that you share on INFOSECSKILLS. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any INFOSECSKILLS group or elsewhere on INFOSECSKILLS. INFOSECSKILLS IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY INFOSECSKILLS COMMUNITY FORUMS SUCH AS THE INFOSECSKILLS BLOG OR GROUPS.
L. Export Control.
Your use of INFOSECSKILLS services, including our software, is subject to export and re-export control laws and regulations. You shall not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorisations from the appropriate government authorities. You also warrant that you are not prohibited from receiving UK origin products, including services or software.
3. YOUR RIGHTS.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of INFOSECSKILLS), view information and use the Services that we provide on INFOSECSKILLS webpages and in accordance with this Agreement. Any other use of INFOSECSKILLS contrary to our mission and purpose (such as participating in a training course, or to use information gathered from INFOSECSKILLS commercially unless expressly authorised by INFOSECSKILLS) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in INFOSECSKILLS and all related items.
4. OUR RIGHTS AND OBLIGATIONS.
A. Services Availability.
For as long as INFOSECSKILLS continues to offer the Services, INFOSECSKILLS shall provide and seek to update, improve and expand the Services. As a result, we allow you to access INFOSECSKILLS as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue INFOSECSKILLS, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. INFOSECSKILLS further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by INFOSECSKILLS to be contrary to this Agreement. For avoidance of doubt, INFOSECSKILLS has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
B. Third Parties.
C. Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to:
(1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures
(2) enforce this Agreement
(3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency
(4) respond to customer service inquiries or
(5) protect the rights, property, or personal safety of INFOSECSKILLS, our Users or the public.
D. Connections and Interactions with other Users.
You are solely responsible for your interactions with other Users. INFOSECSKILLS may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. INFOSECSKILLS reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if INFOSECSKILLS determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON INFOSECSKILLS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR INFOSECSKILLS AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY INFOSECSKILLS OR ANYTHING RELATED TO INFOSECSKILLS, YOU MAY CLOSE YOUR INFOSECSKILLS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. INFOSECSKILLS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS TEXTS, SMS, POSTING IN GROUPS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH INFOSECSKILLS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY. INFOSECSKILLS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY THEREFORE, INFOSECSKILLS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. INFOSECSKILLS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. INFOSECSKILLS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, INFOSECSKILLS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE INFOSECSKILLS SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. LIMITATION OF LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither INFOSECSKILLS nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors ("INFOSECSKILLS Affiliates") shall be liable for (a) any damages in excess of five times the most recent fee that you paid for a Premium Service, if any, or UK £100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from INFOSECSKILLS. This limitation of liability shall: A. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose and B. Not apply to any damage that INFOSECSKILLS may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement. C. Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
A. Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to INFOSECSKILLS. This notice will be effective upon INFOSECSKILLS processing your notice. INFOSECSKILLS may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only INFOSECSKILLS or the party paying for the services may terminate your access to any Premium Services. Termination of your INFOSECSKILLS account includes disabling your access to INFOSECSKILLS and may also bar you from any future use of INFOSECSKILLS.
B. Misuse of the Services.
INFOSECSKILLS may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes attempting to track other Users usage of INFOSECSKILLS abusing the INFOSECSKILLS messaging services creating multiple or false profiles using the Services commercially without INFOSECSKILLS authorisation, infringing any intellectual property rights, or any other behaviour that INFOSECSKILLS, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, INFOSECSKILLS has adopted a policy of terminating accounts of Users who, in INFOSECSKILLS sole discretion, are deemed to be repeat infringers.
C. Effect of Termination. Upon the termination of your INFOSECSKILLS account, you lose access to the Services. In addition, INFOSECSKILLS may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections 3 ("Your Rights") and 4.a-b, and d ("Our Rights and Obligations") hereof.
8. UK LAW AND ARBITRATION.
A. Choice of Law.
Except for any Disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with INFOSECSKILLS arising out of or relating to the Agreement ("Disputes") shall be governed by UK law regardless of your country of origin or where you access INFOSECSKILLS, and notwithstanding of any conflicts of law principles.
B. Agreement to Arbitrate and Pay Attorneys' Fees.
Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the UK Arbitration Act 1996, to be held in London, England, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses.
C. Exception from Arbitration Agreement.
Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
9. GENERAL TERMS.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
C. Notices and Service of Process.
In addition to Section 2.h. ("Notices and Service Messages"), we may notify you via postings on www.INFOSECSKILLS.com. You may contact us via email at: contact@INFOSECSKILLS.com Or via mail or courier at:
ATTN: Legal Department
Atlantic House, Imperial Way,
Reading RG2 0TD, UK
Additionally, INFOSECSKILLS accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
D. Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other INFOSECSKILLS services, third-party content or third party software.
E. Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.InfoSecSkills.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 (Termination).
F. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any INFOSECSKILLS Affiliate shall be deemed legally binding on any INFOSECSKILLS Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of INFOSECSKILLS.
G. No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than INFOSECSKILLS Limited, that INFOSECSKILLS Corporation owns a 50% or greater interest in ("Affiliate") are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
I. Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, INFOSECSKILLS Limited for any third party that assumes our rights and obligations under this Agreement.
10. INFOSECSKILLS USER "DOS" and "DON'TS".
As a condition to access INFOSECSKILLS, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts:
A. Do undertake the following:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements
2. Provide accurate information to us and update it as necessary
4. Review and comply with notices sent by INFOSECSKILLS concerning the Services and 5. Use the Services in a professional manner.
B. Don't undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behaviour by posting inappropriate, inaccurate, or objectionable content to INFOSECSKILLS Groups
2. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on INFOSECSKILLS or INFOSECSKILLS Group (excluding content posted by you) except as permitted in this Agreement or as expressly authorised by INFOSECSKILLS
3. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
4. Include information in your profile or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address or is confidential in nature
5. Create a user profile for anyone other than a natural person
6. Utilise information, content or any data you view on and/or obtain from INFOSECSKILLS or INFOSECSKILLS Groups to provide any service that is competitive, in INFOSECSKILLS sole discretion, with INFOSECSKILLS
7. Imply or state, directly or indirectly, that you are affiliated with or endorsed by INFOSECSKILLS unless you have entered into a written agreement with INFOSECSKILLS (this includes, but is not limited to representing yourself as an accredited INFOSECSKILLS Affiliate, Author or Instructor if you have not been certified by INFOSECSKILLS as such)
8. Adapt, modify or create derivative works based on INFOSECSKILLS or technology underlying the Services, or other Users' content, in whole or part, except as permitted under INFOSECSKILLS developer program
9. Rent, lease, loan, trade, sell/re-sell access to INFOSECSKILLS or any information therein, or the equivalent, in whole or part
10. Deep-link to the Site for any purpose, (i.e. including a link to a INFOSECSKILLS web page other than INFOSECSKILLS home page) unless expressly authorised in writing by INFOSECSKILLS or for the purpose of promoting your profile or a Group on INFOSECSKILLS 11. Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site
12. Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through INFOSECSKILLS-sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services
13. Access, via automated or manual means or processes, INFOSECSKILLS for purposes of monitoring its availability, performance or functionality or for any competitive purpose 14. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the INFOSECSKILLS website
15. Attempt to or actually access INFOSECSKILLS by any means other than through the interfaces provided by INFOSECSKILLS
16. Attempt to or actually override any security component included in or underlying INFOSECSKILLS
17. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or INFOSECSKILLS personnel, attempts to gain unauthorised access, or transmission or activation of computer viruses
18. Remove any copyright, trademark or other proprietary rights notices contained in or on INFOSECSKILLS, including those of both INFOSECSKILLS and any of its licensors
19. Remove, cover or otherwise obscure any form of promotion or advertisement included on INFOSECSKILLS
20. Harass, abuse or harm another person, including sending unwelcomed communications to others using INFOSECSKILLS
21. Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from INFOSECSKILLS except as expressly permitted in this Agreement or as the owner of such information may expressly permit
22. Share information of non-Users without their express consent
23. Interfere with or disrupt INFOSECSKILLS, including but not limited to any servers or networks connected to INFOSECSKILLS
24. Invite people you do not know to join your connections unless they are an employee 25. Use or attempt to use another's account without authorisation from the Company, or create a false identity on INFOSECSKILLS
26. Infringe or use INFOSECSKILLS brand, logos and/or trademarks, including, without limitation, using the word "INFOSECSKILLS" in any business name, email, or URL or including INFOSECSKILLS trademarks and logos except as expressly permitted by INFOSECSKILLS
27. Upload, post, email, transmit or otherwise make available or initiate any content on INFOSECSKILLS or INFOSECSKILLS Groups that:
a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym
b. Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable
c. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by INFOSECSKILLS)
d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
f. Includes any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of INFOSECSKILLS or any User of INFOSECSKILLS
h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services and/or 28. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
11. COMPLAINTS REGARDING CONTENT POSTED ON THE INFOSECSKILLS WEBSITE OR GROUPS. This Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, INFOSECSKILLS provides a process for submission of complaints concerning content posted by our Users. Please use our contact form to get started: https://www.INFOSECSKILLS.com/contact.
12. PROVISIONS APPLICABLE TO USERS REGISTERING FROM FRANCE. The following provisions apply if your country of registration is France, you are using INFOSECSKILLS from France, and you are using the French version of INFOSECSKILLS:
A. In accordance with Article L. 121-20 of the French Consumer Code, you are hereby informed that you have a seven (7) day period from the opening of your account to exercise your right of retraction, without any penalty or cause. However, in accordance with Article L. 121-20-2, 1° of the French Consumer Code, this right of retraction cannot be exercised once you have used the services of the account in question.
B. You agree that you will not participate directly or indirectly in a network seeking to implement practices similar to "snowball" sales or services as set forth in Articles L 122-6 and L 122-7 of the French Consumer Code.
13. PROVISIONS APPLICABLE TO USERS REGISTERING FROM GERMANY. The following provisions apply and prevail over the above stated clauses if your country of registration is Germany, you are using INFOSECSKILLS from Germany and you are using the German version of INFOSECSKILLS:
A. Liability. Subject to the provisions contained in the following paragraph and irrespective of legal ground, INFOSECSKILLS is liable only for damages resulting from the intentional misconduct or gross negligence of INFOSECSKILLS, its legal representatives, employees or authorised agents ("Agents"). For damages resulting from the gross negligence of INFOSECSKILLS or its Agents, liability is limited to damages commonly associated with the agreement in question. For damages caused by INFOSECSKILLS or its Agents in the absence of intentional misconduct or gross negligence, INFOSECSKILLS liability is limited to the extent that violations extend to obligations the satisfaction of which is of critical importance to the achievement of the respective agreement's purpose (cardinal obligation). In the event that a cardinal obligation is violated by way of light negligence, liability is limited to damages commonly associated with the agreement in question. The above limitation of liability does not affect liability as prescribed by the German Product Liability Act or for damages from (1) injuries to life, body and health, or (2) the assumption of a guarantee or procurement risk. To the extent that INFOSECSKILLS liability is excluded or limited under the foregoing provisions, such provisions also operate to the benefit of INFOSECSKILLS Agents in cases in which a User sues INFOSECSKILLS Agents directly. B. Decompilation. In case you download certain software provided by INFOSECSKILLS, you are only entitled to decompile the Software under the rules provided in Sec. 69e Copyright Act ("Urhebergesets") and only after INFOSECSKILLS has not provided the necessary information and data for allowing to establish interoperability with third party hard- or software after a written request within an adequate timeframe.
C. Right of Revocation.
If the User is a consumer (Sec. 13 German Civil Code), he or she may revoke registration for the Free or Premium Membership in writing (for example by letter, fax or eMail) without stating a reason within two (2) weeks of registration. Furthermore, the User may cancel registration for the Premium Membership in writing (e.g. by post, fax or eMail) within two (2) weeks without stating a reason, after changing from Free Membership to Premium Membership. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the revocation of the contract to the following address:
ATTN: Legal Department
Atlantic House, Imperial Way,
Reading RG2 0TD, UK
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to INFOSECSKILLS, then the User is obligated to reimburse INFOSECSKILLS for the corresponding value. Each party must fulfil its obligation for reimbursement within 30 days. The deadline begins for the User with the dispatch of the revocation for INFOSECSKILLS, it begins with the reception of the revocation sent by the User. The right to revoke the contract expires if INFOSECSKILLS has begun providing the service with the User's explicit consent before the end of the deadline for the revocation or if the User has initiated the service himself or herself.
14. PROVISIONS APPLICABLE TO USERS REGISTERING FROM THE UNITED KINGDOM. The following provisions apply and in the event of a conflict prevail over the above stated clauses if you are using the Services as a consumer resident in the United Kingdom:
DO NOT RELY ON INFOSECSKILLS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR INFOSECSKILLS AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. INFOSECSKILLS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, SMS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH INFOSECSKILLS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY. INFOSECSKILLS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY THEREFORE, INFOSECSKILLS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. INFOSECSKILLS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. INFOSECSKILLS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, INFOSECSKILLS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE INFOSECSKILLS SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
INFOSECSKILLS does not exclude or limit in any way its liability for fraud or fraudulent misrepresentation or death or personal injury caused by its negligence.
In case you download certain software provided by INFOSECSKILLS, you are only entitled to decompile the Software to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software or with another program and such information is not readily available from INFOSECSKILLS or elsewhere.
D. Right to Cancel.
You hereby acknowledge that we shall immediately commence the provision of the Services upon creation of your User account or your payment for the Premium Services has been processed. In such circumstances, and because you consent to the commencement of the Services at this time, the right to cancel the contract is now revoked. However, you may terminate this Agreement at any time in accordance with clause 7.
15. PROVISIONS APPLICABLE TO USERS REGISTERING FROM ITALY. The following provisions apply and prevail over the above terms and conditions if your country of registration is Italy, you are using INFOSECSKILLS from Italy and you are using the Italian version of INFOSECSKILLS:
Pursuant to Article 1229 of the Italian Civil Code, the limitations of liabilities under Section 6 will not be valid and effective for damages resulting from the intentional misconduct or gross negligence of INFOSECSKILLS, its legal representatives, employees or authorised agents.
B. Right of Withdrawal.
Should the User be a consumer, according to Article 64 of the Italian Consumer Code, he will be entitled to a period of ten business days to withdraw from the contracts with INFOSECSKILLS without any penalty or cause. The period for exercising the right of withdrawal shall commence from the day of the opening of your account and - with regard to the contracts regarding further Premium Services provided by INFOSECSKILLS - from the day of the conclusion of the relevant contract. The right of withdrawal may be exercised within such delay by written notice (also by certified e-mail) at the address here below. Notification may also be sent, by the same delay, by telegram, telex, e-mail or facsimile machine, provided that confirmation is also given by recorded delivery (with notification of receipt, also by certified e-mail) by no later than 48 hours thereafter.
ATTN: Legal Department
Atlantic House, Imperial Way,
Reading RG2 0TD, UK
As a consequence of the withdrawal, the parties will be released from their respective obligations arising out of the Contract. If, in the meantime, any obligations have been performed in full or in part, the withdrawal shall not affect the further obligations provided for by Article 67 of the Italian Consumer Code. The right of withdrawal shall not apply to the provision of services if provision thereof has already begun, with the consumer's agreement before the end of the period referred to in Article 64 of the Italian Consumer Code.
InfoSec Skills Limited, Reading, United Kingdom, 9th January 2018.