(Current as of August 5, 2016)
COPYRIGHT NOTICE. Copyright 2012, 2016 Two Hat Security Ltd. and/or its affiliates. All Rights Reserved.
1. Trade Mark Notice
“Two Hat” and “Community Sift” are trademarks and/or service marks of Two Hat Security Ltd. or its affiliates. Unless otherwise noted on this website (the “Site”), all other trademarks, service marks, and logos used in this Site are the trade marks, service marks or logos of their respective owners.
2. Licence Grant and Ownership by Two Hat
- Licence. Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Two Hat Security Ltd. and its affiliates (collectively “Two Hat” or “Community Sift”) grants you a non-exclusive, non-transferable, limited licence to view or print the content in this Site (the “Content”) without alterations, for personal, non-commercial use only. This limited licence does not apply to any media or platform other than that of the current Site.
- Ownership. All Content on the Site is (and shall continue to be) owned exclusively by Two Hat and/or its affiliates and/or by third parties who have licensed or authorized the use of such Content by Two Hat (collectively, the “Others”), and is protected under applicable copyrights, patents, trade marks, trade dress, and/or other proprietary rights, and the copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Site (the “Site Use”).
3. Restrictions On Use
3.1. Prohibited acts. Concerning your Site Use or any Content, you agree not to knowingly:
- use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site;
- publicly post or transmit to the Site any unlawful, fraudulent, harassing, libellous, or obscene information of any kind;
- post or send to the Site any information that contains a virus, bug, or other harmful item;
- publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Content (other than as expressly permitted herein);
- post or transmit into or on the Site any information in violation of another party’s copyright or intellectual property rights;
- take any action which imposes an unreasonable or disproportionately large load on Two Hat’s infrastructure;
- redeliver any of the Content using “framing”, hyperlinks, or other technology without prior express written permission; or,
- use any device or technology to provide repeated automated attempts to access password-protected portions of the Site.
3.2. Right to regulate. You acknowledge that Two Hat has the right, but no obligation, to monitor the Site and to disclose any information necessary to operate the Site, to protect Two Hat and its affiliates, others, and Two Hat’s customers, and to comply with legal obligations or governmental requests. Two Hat reserves the right to refuse to post or to remove any Information on the Site, in whole or in part, for any reason.
3.3. Compliance with law. You agree to comply with all applicable governmental laws, statutes, ordinances, and regulations (including unfair competition, antidiscrimination or false advertising) regarding your Site Use.
4. Your Site Use Activities
4.1. Password-protected areas. If you are allowed access to password-protected areas of the Site, you agree to keep your password confidential, and to send Notice to Two Hat within 24 hours if your password is compromised. You acknowledge that Two Hat neither endorses nor is affiliated with any website linked to this Site (each a “Linked Site”) and is not responsible for any information that appears on the Linked Site.
4.2. You acknowledge that the Internet is a network of computers worldwide, and that any information submitted by you to Two Hat necessarily is routed via third party computers to Two Hat, and that Two Hat is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.
5. Submissions of Information By You
6. Applicability and Co-operation
Two Hat reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires, or as required by law. Two Hat in its sole discretion may add, delete or change the Content at any time, without notice to you.
7. Export of Information
No content from this site may be downloaded in violation of any Canadian law. Nor may any content from this site be transmitted or exported outside of North America.
8. Limited Warranty and Disclaimer
8.1. DISCLAIMER OF WARRANTY. TWO HAT AND ALL CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, AND ACCESS TO ANY LINKED SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL WARRANTIES BY TWO HAT RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
8.2. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY PARTY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
8.3. You may have additional rights under certain laws (including consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
8.4. Contacting Two Hat. Should you desire to contact Two Hat, you may do so at: email@example.com
9.1. Governing law, venue and interpretation. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement shall be governed and construed in accordance with the laws of the Province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. You hereby attorn to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada in respect of all disputes concerning this Agreement except for any injunctive relief sought by Two Hat.
9.2. Equitable relief. You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to Two Hat or Others and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Two Hat and Others will be entitled to injunctive relief for any breach of this Agreement.
9.3. Severability. In the event a court or other tribunal of competent jurisdiction shall hold any of the provisions of this Agreement to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
9.4. Complete integration. This Agreement constitutes the entire agreement between you and Two Hat pertaining to the subject matter hereof. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. Two Hat may prospectively modify this Agreement, by posting a revised version of the Agreement on the Site.
9.5. Termination. Either Party, in its sole and absolute discretion, may terminate the Agreement at any time and for any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease all Site Use and, upon request by Two Hat, to return all information in your possession relating to the Site, and all copies thereof.
9.6. Survival of certain provisions. Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors, and permitted assignees.
9.7. Waiver. No delay or omission to exercise any right or remedy accruing to Two Hat, upon any breach or default by you shall constitute a waiver by Two Hat of any breach or default.
9.8. Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
9.9. No agency. You and Two Hat are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
9.10. Conflicts. If this Agreement conflicts with a provision of any other contract between you and Two Hat relating to the Site, the provision in such other Agreement shall govern.
9.11. Time. Time is of the essence of this Agreement.