www.scmagazine.com
Open in
urlscan Pro
2606:4700:20::681a:d13
Public Scan
Submitted URL: https://go.scmagazine.com/MTg4LVVOWi02NjAAAAGPTm4nh6IvcZ2bhA7QLhfmg18XmNr_epOPNXoviwv4s7YLCvaC_6sTHYmDAxxZtuVcAvXWOzk=
Effective URL: https://www.scmagazine.com/terms-and-conditions?mkt_tok=MTg4LVVOWi02NjAAAAGPTm4nhyQ_nxwQZ6_0Mdxo_-QvcAFBPhFRQcGMVQ6HOaddvA6...
Submission: On November 08 via api from US — Scanned from DE
Effective URL: https://www.scmagazine.com/terms-and-conditions?mkt_tok=MTg4LVVOWi02NjAAAAGPTm4nhyQ_nxwQZ6_0Mdxo_-QvcAFBPhFRQcGMVQ6HOaddvA6...
Submission: On November 08 via api from US — Scanned from DE
Form analysis 0 forms found in the DOM
Text Content
Log inRegister
CISO Stories
Topics
Events
Podcasts
Research
Recognition
Leadership
About
TERMS AND CONDITIONS | SC MEDIA
TERMS OF SERVICE
May 25, 2023
These Terms of Service (“Terms”) control the use of the Website, Mobile Apps,
and Services of CyberRisk Alliance, LLC, a Delaware limited liability company
(“CyberRisk Alliance”, “our”, “us”, or “we”).
By accessing the Websites, Mobile Apps, and/or the Services, you are bound by
all terms and conditions in these Terms and our Privacy Policy. If you do not
wish to be bound, you may not access the Websites, Mobile Apps, and/or the
Services. If you are accepting these Terms on behalf of a company, organization,
government, or other legal entity, you represent and warrant that (a) you are
authorized to do so, (b) the entity agrees to be legally bound by the Terms, and
(c) neither you nor the entity are barred from using the Services or accepting
the Terms under the laws of the applicable jurisdiction.
1. Introduction.
1. Scope. These Terms govern your use of the Website, Mobile Apps, and the
Services. Except as otherwise specified, these Terms do not apply to
Third-Party Products, which are governed by their own terms of service.
2. Incorporated Terms. The following policies, guidelines, and agreements
(“Incorporated Terms”) are hereby incorporated into, and form an integral
part of, the Terms to which you are agreeing to be bound:
1. Privacy Policy
2. Mobile App Terms
3. Acceptable Use Policy
4. Event Terms
3. Certain Definitions.
1. “Event Terms” means those terms and conditions or master terms
governing your relationship with CyberRisk Alliance in connection with
your attendance or participation in any of CyberRisk Alliance’s
conferences or events, whether conducted virtually or in-person.
2. “Services” means all CyberRisk Alliance products, services, and
materials located on or accessible through the Websites and the Mobile
Apps.
3. “Third-Party Products” means any third-party information, website,
product, service, or materials referenced in, accessible through, or
provided in connection with, the Website or Services.
4. “Website” means all CyberRisk Alliance and CyberRisk Alliance
affiliated websites.
2. Modifications. CyberRisk Alliance reserves the right, in its discretion, to
change, modify, add to, or remove any and all parts of these Terms at any
time.
1. For users in the United States, any changes or modifications will be
effective immediately upon posting of the revisions on the Websites and
shall apply to all use of our Services and all acts or omissions
occurring after the effective date of the revised Terms. Your continued
use of the Websites and Services, following the posting of changes, will
mean that you accept and agree to all changes or modifications.
2. For users in the European Economic Area (EEA), any changes or
modifications will be effective upon your express consent as you will be
notified of any changes by virtue of a pop-up, banner, or other
notification mechanism when you seek to access our Services after we
issue a change or modification. Upon consent, the revisions to these
Terms shall apply.
3. Eligibility.
1. Minimum Age. The Services are directed to adults and are not directed to
children under the age of 13. You must be 13 years of age or older to use
the Services. CyberRisk Alliance complies with the Children’s Online
Privacy Protection Act and does not permit registration by and will not
knowingly collect personally identifiable information from anyone under
13. By registering for the Services, you represent and warrant that you
are 13 years of age or older. Additionally, you must provide true,
accurate and complete registration information to become a member of the
Services (“Member”). Creating a Member account under automated means or
under false or fraudulent pretenses constitutes unauthorized use of the
Services and such accounts will be terminated by CyberRisk Alliance.
2. Registration. By using the Services, you represent and warrant that all
registration information you submit is truthful and accurate and you
agree to the accuracy of such information. The profile that you compose
upon registering for the Services (the “Member Profile”) must describe
you, an individual person. Examples of inappropriate profiles include,
but are not limited to, profiles that purport to represent an animal,
place, inanimate object, fictional character, or real individual who is
not you. If you wish to view or change your profile, you can do so via
the “my account” option on the Websites.
4. Intellectual Property.
1. Restrictions. All rights not expressly granted by CyberRisk Alliance to
you in these Terms are hereby reserved by CyberRisk Alliance. There are
no implied rights save to the extent rights cannot be excluded by
applicable law. You may not use, imitate, or copy, in whole or in part,
any CyberRisk Alliance trademark, service mark, trade dress, logo, or
other branding (collectively, “Marks”) without, in each instance,
CyberRisk Alliance’s prior written consent, in CyberRisk Alliance’s sole
discretion. All permitted use of CyberRisk Alliance’s Marks will inure to
the benefit of CyberRisk Alliance.
2. Ownership. As between the parties, the Website and Services, including,
without limitation, any and all software, documentation, images, video,
content, logos, page headers, custom graphics, design and user interface
elements, scripts, and other materials (the “Content”) contained therein
or provided in connection therewith, and all modifications, enhancements,
and updates thereto, as well as all intellectual property rights
associated with any of these materials (collectively, “CyberRisk Alliance
IP”) are owned by CyberRisk Alliance and/or its third party sponsors,
partners, and suppliers. You have no right or license in or to the
CyberRisk Alliance IP other than the right to use the Services, in
compliance with the Terms.
3. Notice of Intellectual Property Infringement. CyberRisk Alliance respects
copyright laws and intellectual property rights, and we expect and
encourage our users to do the same. In accordance with the Digital
Millennium Copyright Act of 1998 (“DMCA”), which you may find in full on
the U.S. Copyright Office website, CyberRisk Alliance will do its best to
respond with due diligence to claims of copyright infringement when such
claims are reported to it using the sample notice form below.
If you believe that your work has been copied in a way that constitutes
copyright infringement and is displayed in our Services, please provide
substantially the following information to CyberRisk Alliance’s copyright agent:
DMCA NOTICE OF ALLEGED INFRINGEMENT
(“NOTICE”)
* Identify the copyrighted work that you claim has been infringed or a list of
copyrighted works that you claim have been infringed.
* Identify the material or link you claim is infringing and to which access you
think should be disabled, including the URL of the link shown on the Site or
the exact location where such material may be found.
* Provide your personal or company name, mailing address, telephone number, and
email address.
* In the body of such notice, you must include a statement that you have a good
faith belief that the disputed use of the copyrighted material is not
authorized by the copyright owner, agent, or the law.
* A statement that the information in such notice is accurate and, under
penalty of perjury, that you as the complaining party are the owner or
authorized to act on behalf of the owner.
CyberRisk Alliance’s copyright agent can be reached as follows:
CyberRisk Alliance, LLC
Attn: Copyright Agent
400 Madison Ave Ste 6C, New York City, New York, 10017
5. Managing Content. CyberRisk Alliance reserves the right to delete, move or
edit any Content (including Member material (“Material”) posted in any
interactive area of the Services) that it may determine, in its sole
discretion, violates these Terms or is otherwise unacceptable. However,
CyberRisk Alliance does not and cannot review all of the Content posted by
Members on the Services and is not responsible for such Content. You shall
remain solely responsible for all Material. Although CyberRisk Alliance
reserves the right to remove any offending Content on the Services, you
understand and agree that you nonetheless may be exposed to such Material
and that you further waive your right to any damages (from any party)
related to such exposure. Additionally, CyberRisk Alliance shall have the
right, but not the obligation, to correct any errors or omissions in any
Content, as it may determine in its sole discretion.
6. No Endorsement.
1. CyberRisk Alliance does not represent or endorse the accuracy or
reliability of any Content posted on any interactive area and you
acknowledge that any reliance upon such Content shall be at your sole
risk. Any Content placed on any interactive area by users represents the
views of the user posting the statement and does not represent the views
of CyberRisk Alliance.
2. The Services may contain links to websites or mobile applications on the
internet which are owned and operated by third parties (the “External
Site or mobile applications”). You acknowledge that CyberRisk Alliance
is not responsible for the availability of, or the content located on or
through, any External Site or mobile application. You should contact the
website or mobile application administrator or webmaster for those
External Site or mobile applications if you have any concerns regarding
such links or the content located on such External Site or mobile
applications.
7. Indemnification. You agree to indemnify, defend and hold CyberRisk Alliance
and its affiliates, and the respective officers, directors, owners, agents,
information providers and licensors (collectively, the “CyberRisk Alliance
Parties”) harmless from and against any and all claims, liability, losses,
damages, costs and expenses (including attorneys’ fees) incurred by any
CyberRisk Alliance Party in connection with any Material or with use or
alleged use of any Content or the Services, including any use under your
password by any person, whether or not authorized by you. CyberRisk
Alliance reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by
you, and in such case, you agree to cooperate with CyberRisk Alliance’s
defense of such claim. This Indemnification Section will survive any
termination or expiration of these Terms.
8. Termination of Service. CyberRisk Alliance reserves the right, in its sole
discretion, to restrict, suspend or terminate your access to all or any
part of the Services, including the discussion areas, at any time for any
reason without prior notice or liability. Conversely, you may terminate
your membership of the Services at any time, for any reason, by emailing
CyberRisk Alliance at custserv@CyberRiskAlliance.com. Once your membership
terminates, you will have no right to use the Services; provided, that
these Terms shall survive any termination of your membership. CyberRisk
Alliance may change, suspend or discontinue all or any aspect of the
Services at any time, including the availability of any feature, database,
or Content (including the discussion areas), without prior notice or
liability.
9. Limitations of Liability.
1. Excluded Damages and Theories. CYBERRISK ALLIANCE AND ITS AFFILIATES
ASSUME NO RESPONSIBILITY WITH RESPECT TO YOUR OR YOUR USER’S USE OF THE
WEBSITES OR SERVICES AND WILL NOT BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION THE FOLLOWING, UNLESS PROHIBITED
BY APPLICABLE LAW, LOSS OF USE, DAMAGE BY VIRUS, LOSS OF DATA, LOSS OF
PROFITS, AND LOST REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT,
CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT
CYBERRISK ALLIANCE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
2. Aggregate Liability.CYBERRISK ALLIANCE AND ITS AFFILIATES WILL IN NO
EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY
RECEIVED BY CYBERRISK ALLIANCE FROM YOU FOR THE SERVICES DURING THE
12-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE.
3. Multiple Claims; Time Limits.MULTIPLE CLAIMS WILL NOT EXPAND THIS
LIMITATION. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
WEBSITES OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
CLAIM OR CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CLAIM AND CAUSE OF
ACTION WILL BE PERMANENTLY BARRED.
4. Jurisdictions; Limitations.SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION AND/OR LIMITATION OF LIABILITY FOR FRAUD, WILLFUL MISCONDUCT,
GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY OR FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF
CYBERRISK ALLIANCE AND ITS AFFILIATES FOR SUCH DAMAGES WILL BE LIMITED
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATIONS OF
LIABILITY SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE
TERMS.
10. Disclaimers.
1. General.YOUR USE OF THE WEBSITES AND SERVICES WILL BE AT YOUR OWN RISK
AND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”.
CYBERRISK ALLIANCE AND ITS AFFILIATES DISCLAIM, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS,
REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND
REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
2. Specific.CYBERRISK ALLIANCE MAKES NO WARRANTIES, CONDITIONS OR
REPRESENTATIONS ABOUT (i) THE ABILITY OF THE WEBSITES OR SERVICES TO
PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN
ENVIRONMENT, (ii) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITES
OR SERVICES, (iii) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED
SITES (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE),
AND/OR (iv) THIRD-PARTY PRODUCTS, AND CYBERRISK ALLIANCE ASSUMES NO
LIABILITY OR RESPONSIBILITY THEREWITH.
3. Third-Party Products.THE REFERENCE TO, OR AVAILABILITY OF, THIRD-PARTY
PRODUCTS IN CONNECTION WITH THE SERVICES OR WEBSITES DOES NOT
CONSTITUTE, AND WILL NOT BE CONSTRUED AS CONSTITUTING, AN ENDORSEMENT,
AUTHORIZATION, SPONSORSHIP, OR AFFILIATION BY OR WITH CYBERRISK ALLIANCE
WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS.
4. Legal, Tax, Financial, Other Communications. NO ORAL OR WRITTEN
INFORMATION OR ADVICE OR COMMUNICATIONS PROVIDED BY CYBERRISK ALLIANCE
OR ANY OF ITS EMPLOYEES WILL CONSTITUTE PERSONAL, LEGAL, TAX OR
FINANCIAL ADVICE OR CREATE A WARRANTY, CONDITION OR REPRESENTATION OF
ANY KIND.
5. Jurisdictions; Limitations.THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE
TERMS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION
OF IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES, OR ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, CYBERRISK
ALLIANCE’S WARRANTIES, CONDITIONS AND REPRESENTATIONS WILL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
11. Anti-Corruption, Export and Sanctions Compliance.
1. With respect to these Terms, you represent, warrant, and covenant that
you:
1. have not and will not violate, or cause any party to be in violation
of, any applicable anti-bribery or anti-corruption law (including,
but not limited to, the U.S. Foreign Corrupt Practices Act of 1977,
as amended, the U.S. domestic bribery statute in 18 U.S.C. 201, the
U.S. Travel Act, or the UK Bribery Act 2010), anti-kickback laws,
anti-money laundering and anti-terrorist financing laws, sanctions,
embargoes, export controls, import controls, anti-fraud laws, or any
other applicable law, regulation, or order (collectively, “Applicable
ABAC Laws”);
2. have not and will not use or apply the Services or the Websites in
violation of Applicable ABAC Laws;
3. have not and will not with a corrupt, improper, or illegal intention
directly or indirectly (through third parties) pay, provide, promise,
offer, authorize, solicit, or accept any money, gift, hospitality,
entertainment, favor, financial advantage, or other thing of value to
or from any individual, organization, political party, or entity
whether in the public or private sector in any country in order to
obtain, retain, or direct regulatory approvals, licenses, permits,
business, contracts, investments, sales, tax or duty assessments,
import or export clearances, foreign exchange clearances, or other
advantages;
4. are not, (i) nationals, residents, agents or representatives of Iran,
Cuba, North Korea, Syria, the Crimea Region of Ukraine, or any other
region subject to comprehensive U.S. sanctions; (ii) on the List of
Specially Designated Nationals & Blocked Persons, the Sectoral
Sanctions Identifications (SSI) List, or Foreign Sanctions Evaders
List maintained by the Office of Foreign Assets Control of the U.S.
Department of the Treasury, or any other applicable list of
sanctioned, embargoed, blocked, criminal, or debarred persons
maintained by any U.S. or non-U.S. government, the European Union,
Interpol, the United Nations, the World Bank, or any other public
international organization (each such list, a “Sanctions
List”); (iii) an entity that is 50% or more owned, individually or in
the aggregate, directly or indirectly, by, is controlled by
(including without limitation by virtue of such person being a
director or owning voting shares or interests), or acts, directly or
indirectly, for or on behalf of, any person or entity on a Sanctions
List; or (iv) otherwise the target of any sanctions, suspensions,
embargoes or debarment by the U.S. government or any other government
or public international organization;
5. shall implement an effective, risk-based compliance program and
necessary internal controls (including, but not limited to,
conducting sanctions screenings of your Relevant Parties and
customers) to ensure compliance with Applicable ABAC Laws and this
Anti-Corruption, Export and Sanctions Compliance Section;
6. shall reasonably cooperate with CyberRisk Alliance to (i) ensure
compliance with sanctions, embargoes, and other Applicable ABAC Laws
and/or (ii) review and remediate actual or potential violations of
sanctions or other Applicable ABAC Laws, including, but not limited
to, suspending or terminating the supply of products or services to
customers or other persons that appear on a Sanctions List or are
otherwise the target of sanctions and other similar restrictions.
A violation of the foregoing representations, warranties, or covenants by you
will constitute a material breach of these Terms, and, in the event of such a
violation, CyberRisk Alliance may, at its sole option, terminate your membership
of the Services for cause and without further liability or obligation on the
part of CyberRisk Alliance. Any such breach will entitle CyberRisk Alliance to
seek to be indemnified by you and/or obtain injunctive and other emergency or
equitable relief, in addition to any other remedies which may be available under
applicable laws.
12. Violations of These Terms. CyberRisk Alliance may disclose any information
CyberRisk Alliance has about you (including your identity) if CyberRisk
Alliance determines that such disclosure is necessary in connection with
any investigation or complaint regarding your use of the Services, or to
identify, contact, or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally)
CyberRisk Alliance’s rights or property, or the rights or property of
visitors to or users of the Services, including CyberRisk Alliance’s
customers. CyberRisk Alliance reserves the right at all times to disclose
any information that CyberRisk Alliance deems necessary to comply with any
applicable law, regulation, legal process or governmental request.
CyberRisk Alliance also may disclose your information when CyberRisk
Alliance determines that applicable law requires or permits such
disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and agree that CyberRisk Alliance may preserve any
transmittal or communication by you with CyberRisk Alliance through the
Services or any service offered on or through the Services, and may also
disclose such data if required to do so by law or CyberRisk Alliance
determines that such preservation or disclosure is reasonably necessary to
(1) comply with legal processes, (2) enforce these Terms, (3) respond to
claims that any such data violates the rights of others, or (4) protect the
rights, property or personal safety of CyberRisk Alliance, its employees,
users of or visitors to the Services, and the public. You also agree that
any violation by you of these Terms will constitute an unlawful and unfair
business practice, and will cause irreparable harm to CyberRisk Alliance,
for which monetary damages would be inadequate, and you consent to
CyberRisk Alliance obtaining any injunctive or equitable relief that
CyberRisk Alliance deems necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies CyberRisk Alliance may
have at law or in equity.
If CyberRisk Alliance does take any legal action against you as a result of
your violation of these Terms, CyberRisk Alliance will be entitled to
recover from you, and you agree to pay, all reasonable attorneys’ fees and
costs of such action, in addition to any other relief granted to CyberRisk
Alliance. You agree that CyberRisk Alliance will not be liable to you or to
any third party for termination of your access to the Services as a result
of any violation of these Terms.
13. Member Disputes. You are solely responsible for your interactions with
other Members of the Services. CyberRisk Alliance reserves the right, but
has no obligation, to monitor disputes between you and other Members.
14. Arbitration.
1. Arbitration Procedures. Except as otherwise expressly provided in these
Terms, any Dispute (defined below) shall be resolved by arbitration
proceedings through the American Arbitration Association (“AAA”),
www.adr.org, or JAMS, www.jamsadr.com, and the arbitration will be
conducted before a single arbitrator. The arbitration will be commenced
as an individual arbitration, and will in no event be commenced as a
representative or class arbitration. All issues will be for the
arbitrator to decide, including the scope of this arbitration provision.
1. For arbitration before the AAA, the AAA’s Commercial Arbitration
Rules and the AAA’s Optional Rules For Emergency Measures of
Protection will apply. The AAA rules are available at www.adr.org or
by calling 1-800-778-7879. For arbitration before JAMS, the JAMS
Comprehensive Arbitration Rules & Procedures and the JAMS Recommended
Arbitration Discovery Protocols For Domestic, Commercial Cases will
apply. The JAMS rules are available at www.jamsadr.com or by calling
1-800-352-5267. This arbitration provision governs in the event it
conflicts with the applicable arbitration rules. Under no
circumstances will class action, representative action, or collective
action procedures or rules apply to the arbitration.
2. You understand that, in the absence of this provision, you would have
had a right to litigate disputes through a court, including the right
to litigate claims on a class-wide or class action basis, and that
you have expressly and knowingly waived those rights and agreed to
resolve any Disputes through binding arbitration in accordance with
the provisions of this Section. This arbitration provision shall be
governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
13. 1.
2. Dispute. The term “Dispute” means any dispute, claim, or controversy
between you and CyberRisk Alliance regarding any aspect of your
relationship with CyberRisk Alliance, whether based in contract,
statute, regulation, ordinance, tort (including, but not limited to,
fraud, misrepresentation, fraudulent inducement, negligence, gross
negligence or reckless behavior), or any other legal or equitable
theory, and includes the validity, enforceability or scope of this
arbitration provision (with the exception of the enforceability of the
Class Action Waiver clause below). “Dispute” is to be given the broadest
possible meaning that will be enforced.
3. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS
DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR
OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH
THIS ARBITRATION PROVISION.
15. Miscellaneous.
1. Entire Agreement. These Terms constitute the entire agreement between
the parties with respect to the subject matter hereof and supersedes all
previous written or oral agreements between the parties with respect to
such subject matter. If any inconsistency exists between these Terms and
any additional terms and conditions posted on the Services, such terms
shall be interpreted as to eliminate any inconsistency, if possible, and
otherwise, the additional terms and conditions shall control.
2. Severability. If any provision of these Terms is held invalid, illegal
or unenforceable in any respect, (i) such provision shall be interpreted
in such a manner as to preserve, to the maximum extent possible, the
intent of the parties, (ii) the validity, legality and enforceability of
the remaining provisions shall not in any way be affected or impaired
thereby, and (iii) such decision shall not affect the validity, legality
or enforceability of such provision under other circumstances.
3. Waiver. Any failure by CyberRisk Alliance to require or enforce strict
performance by you of any provision of these Terms or to exercise any
right under them shall not be construed as a waiver or relinquishment of
your right to assert or rely upon any such provision or right in that or
any other instance.
4. Notices. You consent to receive electronically any communications from
CyberRisk Alliance. We may communicate with you through the email
address specified in your account or by posting notices on the Website.
You agree that all agreements, notices, disclosures and other
communications that are provided to you electronically satisfy any
requirement that such communications be in writing. All notices from us
intended for receipt by you shall be deemed delivered when sent to the
email address you provide to us.
Notices to CyberRisk Alliance must be sent to:
CyberRisk Alliance, LLC
400 Madison Ave Ste 6C, New York City, New York, 10017
Attn: Joe Haddock
e. Section Headings. The section headings and titles in these Terms are for
convenience only and have no legal or contractual effect. These Terms will be
interpreted without application of any strict construction in favor of or
against you or CyberRisk Alliance.
f. Force Majeure. CyberRisk Alliance will have no liability to you or any third
party for any failure by CyberRisk Alliance to perform its obligations under
these Terms in the event that such non-performance arises as a result of the
occurrence of an event beyond the reasonable control of CyberRisk Alliance,
including, without limitation, an act of war or terrorism, natural disaster,
failure of electricity supply, riot, civil disorder, or civil commotion or other
force majeure event.
g. Third-Party Service Integration. Certain Third-Party Products may be
integrated with the Services. CyberRisk Alliance may, in its discretion and
without liability to you, decide to no longer support such integration and
migrate your account to a different integration.
h. Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the Services, Websites, Terms of Service and/or Privacy Policy must be filed
within ONE (1) YEAR after such claim or cause of action arose or be forever
barred.
i. Jurisdiction; Venue. These Terms shall be construed in accordance with the
laws of the State of New York, without reference to principles of choice of law.
Any dispute relating in any way to your use of the Services or Websites shall be
submitted to confidential arbitration in New York, New York except that, to the
extent you have in any manner violated or threatened to violate CyberRisk
Alliance intellectual property rights, CyberRisk Alliance may seek injunctive,
equitable, or other appropriate relief in any state or federal court and you
consent to the exclusive jurisdiction and venue in the state and federal courts
in the State of New York, New York.
CYBERRISK ALLIANCE
Mobile App Terms
May 25, 2023
The terms below are incorporated into, and form an integral part of, the
CyberRisk Alliance’s Terms of Service. Unless otherwise defined herein,
capitalized terms shall have the meaning ascribed them in the Terms of Service.
Any breach of the terms below will be deemed a material breach of the Terms of
Service. By using any of CyberRisk Alliance’s mobile applications
(“Application”), you agree to be bound by the Terms of Service and these
incorporated Mobile App Terms.
1. Compatibility; Performance. Use of the Application requires a compatible
device with supported software and internet access. You are responsible for
paying all fees associated with the foregoing. Application performance can
be affected by a variety of factors, such as your location, your device, and
the availability and speed of your internet connection.
2. License. Subject to your compliance with these Terms, CyberRisk Alliance
grants you a revocable, non-exclusive, non-sublicensable, non-transferable,
worldwide, limited license to install and use the Application solely in
connection with your account for lawful purposes only. No other license or
right is granted. CyberRisk Alliance reserves all rights, including
intellectual property rights, in and to the Application not expressly
granted to you under these Mobile App Terms. There are no implied rights or
licenses.
3. Restrictions. Except where otherwise expressly permitted by applicable law
or the licensing terms governing open-sourced components included within the
Application, you will not, directly or indirectly: reverse engineer,
decompile, disassemble, or otherwise attempt to discover the source code,
object code, or underlying structure, ideas, or algorithms of or included in
the Application, documentation, or data related to the Application; modify,
translate or create derivative works based on the Application; copy (except
for archival purposes), distribute, sublicense, pledge, assign or otherwise
transfer or encumber rights to the Application; use the Application for
timesharing or service bureau purposes or otherwise for the benefit of a
third party or where it could be used by multiple devices at the same time;
remove any proprietary notices or labels; attempt to, or assist, authorize,
or encourage others to, circumvent, disable, or defeat any of the security
features or components of the Application. The foregoing restrictions are
applicable to the Application as a whole, all parts of the Application, all
updates to the Application, and all CyberRisk Alliance proprietary materials
displayed within the Application.
4. Intellectual Property. As between the parties, the Application, including,
without limitation, any and all documentation, images, video, content,
trademarks, service marks, trade dress, logos, or other branding, custom
graphics, design and user interface elements, scripts, and other materials
contained therein or provided in connection therewith, and all
modifications, enhancements, and updates thereto, as well as all
intellectual property rights associated with any of the foregoing
(collectively, “CyberRisk Alliance IP”) are owned by CyberRisk Alliance
and/or its third party sponsors, and partners. You have no right or license
in or to the CyberRisk Alliance IP other than the right to use the
Application, in compliance with these Mobile App Terms. You may not use,
imitate, or copy, in whole or in part, any CyberRisk Alliance trademark,
service mark, trade dress, logo, or other branding without, in each
instance, CyberRisk Alliance prior written consent, which may be given or
withheld in CyberRisk Alliance’s sole discretion. All permitted use of the
foregoing will inure to the benefit of CyberRisk Alliance.
5. Disclaimers.
1. General. USE OF THE APPLICATION IS AT YOUR OWN RISK, AND IT IS PROVIDED
“AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, CYBERRISK ALLIANCE AND ITS AFFILIATES
DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. Specific. CYBERRISK ALLIANCE MAKES NO WARRANTIES, CONDITIONS OR
REPRESENTATIONS ABOUT (i) THE ABILITY OF THE APPLICATION TO PERFORM
WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (ii) THE
ACCURACY, COMPLETENESS, OR CONTENT OF THE APPLICATION, (iii) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE), AND/OR (iv) THIRD-PARTY
PRODUCTS OR SERVICES, AND CYBERRISK ALLIANCE ASSUMES NO LIABILITY OR
RESPONSIBILITY THEREWITH.
CYBERRISK ALLIANCE
Acceptable Use Policy
May 25, 2023
The terms below are incorporated into, and form an integral part of, the
CyberRisk Alliance’s Terms of Service. Unless otherwise defined herein,
capitalized terms shall have the meaning ascribed them in the Terms of Service.
Any breach of the terms below will be deemed a material breach of the Terms of
Service.
Prohibited Activities/Content:
1. Lawful Purposes Only. You may use the Websites and Services only for lawful
purposes. You may not use the Websites or Services or allow any third party
to use the Websites or Services for any purpose that is determined by
CyberRisk Alliance, in its discretion, to be unlawful, invasive,
infringing, obscene, offensive, defamatory or fraudulent, or to engage in,
promote or encourage illegal activity.
2. Profanity. Your Materials may not contain any profane or otherwise
inappropriate subject matter, as determined by CyberRisk Alliance in its
discretion. “Your Materials” means the content, communications, text,
images, video, photographs, domain names, and all other materials posted
to, displayed on, or linked by you.
3. Private Information and Images. You may not post or disclose any personal
or private information about, or images of, minors or any third party
without the consent of such third party (or a parent’s or guardian’s
consent in the case of a minor).
4. Violations of Third Party Rights. Your Materials may not violate, or
encourage the violation of, the intellectual property rights, rights of
privacy, rights of publicity, or other legal rights of any third party.
CyberRisk Alliance may remove or block access to Your Materials upon
receipt of proper notice of copyright infringement.
5. Misrepresentation of Transmission Information. Forging, misrepresenting,
omitting, or deleting message headers, return mailing information, and/or
internet protocol addresses to conceal or misidentify the origin of a
message is prohibited.
6. Viruses and Other Destructive Activities. You will not use the Websites or
Services, or allow any third party to use the Websites or Services, for
creating or sending internet viruses, worms or Trojan horses, corrupted
files, hoaxes or other items of a destructive or deceptive nature, or for
pinging, flooding or mail bombing, or engaging in denial of service
attacks. You will not engage in other activity that is intended to disrupt
or interfere with, or that results in the disruption of or interference
with, the ability of others to effectively use the Websites or Services (or
any connected network, system, service or equipment) or conduct their
business over the Internet.
7. Hacking. Hacking and related activities are prohibited. “Hacking” includes,
but is not limited to, the following activities: illegally or without
authorization, accessing computers, accounts or networks, penetrating or
attempting to penetrate security measures, port scans, stealth scans, and
other activities designed to assist in hacking.
8. Spam. You will not use the Websites or Services, or allow any third party
to use the Websites or Services, to generate, distribute, publish or
facilitate unsolicited mass email, promotions, advertisements or other
solicitations (“spam”).
9. Anonymous Proxies. CyberRisk Alliance does not allow the use of anonymous
proxy scripts on its servers. You will not access or copy any portion of
the Websites or Services through any automated viewing, downloading or
crawling systems.
10. Child Pornography. The use of the Websites or Services to store, post,
display, transmit, sell, advertise or otherwise make available child
pornography is prohibited. CyberRisk Alliance is required by law to, and
will, notify law enforcement agencies when it becomes aware of the presence
of child pornography on, or transmitted through, the Website or Services.
11. Other Prohibited Activities. Engaging in any activity that, in CyberRisk
Alliance’s discretion, actually or potentially disrupts, interferes with,
competes with, or is harmful to the Websites or Services, CyberRisk
Alliance’s business, reputation, goodwill, customers and/or customer
relations, or the ability of CyberRisk Alliance’s customers to effectively
use the Websites or Services, is prohibited. Your failure to cooperate with
CyberRisk Alliance in correcting or preventing violations of the Terms
constitutes a violation of the Terms by you.
--------------------------------------------------------------------------------
ADVERTISEMENT
You can skip this ad in 1 seconds
--------------------------------------------------------------------------------
ABOUT US
SC MediaCyberRisk AllianceContact UsCareersPrivacy
GET INVOLVED
SubscribeContribute/SpeakAttend an eventJoin a peer groupPartner With Us
EXPLORE
Product reviewsResearchWhite papersWebcastsPodcasts
Copyright © 2023 CyberRisk Alliance, LLC All Rights Reserved. This material may
not be published, broadcast, rewritten or redistributed in any form without
prior authorization.
Your use of this website constitutes acceptance of CyberRisk Alliance Privacy
Policy and Terms & Conditions.
COOKIES
This website uses cookies to improve your experience, provide social media
features and deliver advertising offers that are relevant to you.
If you continue without changing your settings, you consent to our use of
cookies in accordance with our privacy policy. You may disable cookies.
Accept cookies