Terms of Use

Welcome to the IOActive, Inc. web site (the “Site”). The Site provides access to a variety of resources and materials, including web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and webcasts, and documents such as press releases, white papers and product data sheets (“Materials”).  The following are terms of a legal agreement between you (“You” or “Your”) and IOActive, Inc. and its affiliated companies (“We” or “IOActive, Inc.”). By accessing or using the Site or the Materials provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Materials provided on or through the Site (“Terms of Use”) and our Privacy Notice. IOActive, Inc. may revise the Terms of Use and Privacy Notice at any time without notice to you. The revised Terms of Use and Privacy Notice will be effective when posted. You can review the most current Terms of Use and Privacy Notice.

1.   Terms Applicable to Specific Materials and Areas of the Site

Some areas of the Site or Materials provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Materials (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Materials, the latter shall have precedence with respect to your access and use of that area of the Site or Materials.

2.    Use of Materials

You may download, store, display on your computer, view, listen to, play and print Materials that IOActive, Inc. publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.

3.    Reservation of Rights

The Site and Materials provided on or through the Site are the intellectual property and copyrighted works of IOActive, Inc. or a third party provider.  All rights, title and interest not expressly granted with respect to the Site and Materials provided on or through the Site are reserved. All Materials are provided on an “As Is” and “As Available” basis, and IOActive, Inc. reserves the right to terminate the permissions granted to you and your use of the Materials at any time.

4.   Your Materials

You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site Materials that you have the right and authority to Share and for which you have the right and authority to grant to IOActive, Inc. all of the licenses and rights set forth herein. By Sharing Materials, you grant IOActive, Inc. a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Materials for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Materials into any IOActive, Inc. product or service, and to display, market, sublicense and distribute the Materials as incorporated or embedded in any product or service distributed or offered by IOActive, Inc. without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) IOActive, Inc.’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Materials have been waived to the full extent allowed by law.

You agree that you will neither use the Site in a manner, nor Share any Materials, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. IOActive, Inc. may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload Materials intended or designed to cause harm.

IOActive, Inc. does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Materials, it shall not be considered confidential information and shall be received and treated by IOActive, Inc. on a non-confidential and unrestricted basis and IOActive, Inc. shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in IOActive, Inc.’s Privacy Notice.

5.   Security, Passwords and Means of Accessing the Site and Materials

You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any IOActive, Inc. accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any IOActive, Inc. accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any IOActive, Inc. accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any IOActive, Inc. accounts, computer systems or networks without IOActive, Inc.’s express written permission.

If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify IOActive, Inc. immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.

6.   No Unlawful or Prohibited Use

You agree not to use the Site, or Materials provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site or Materials provided on or through the Site.

7.   Indemnity

You agree to indemnify and hold harmless IOActive, Inc., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Materials that you Share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Materials provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.

8.   Monitoring

IOActive, Inc. has no obligation to monitor the Site or screen Materials that are Shared on or through the Site. However, IOActive, Inc. reserves the right to review the Site and Materials and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Materials in its sole discretion. IOActive, Inc. may remove Materials that are confidential or proprietary to a third party without that third party’s permission.

9.   Termination of Use

IOActive, Inc. may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Materials provided on or through the Site. You agree that IOActive, Inc. may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Materials. IOActive, Inc. may terminate or limit your access to or use of the Site if IOActive, Inc. determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that IOActive, Inc. shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Materials, including Materials that you may have Shared.

10.   Third Party Web Sites, Materials, Products and Services

The Site provides links to Web sites and access to Materials, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. IOActive, Inc. is not responsible for third party Materials provided on or through the Site or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such Web sites and third party Materials, products and services.

11.   Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IOACTIVE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE. IOACTIVE, INC. MAKES NO WARRANTY THAT: (A) THE SITE OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY MATERIALS PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIALS ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE ARE USED AT YOUR OWN DISCRETION AND RISK. IOACTIVE, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIALS.

IOACTIVE, INC. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND MATERIALS PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

12.   Limitation of Liability

IN NO EVENT SHALL IOACTIVE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY MATERIALS PROVIDED ON OR THROUGH THE SITE.

13.   Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 11 AND 12, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

14.   Privacy Notice

IOActive, Inc. is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see IOActive, Inc.’s Privacy Notice. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with IOActive, Inc.’s Privacy Notice. You understand that IOActive, Inc. collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to IOActive, Inc.’s Privacy Notice.

15.   Persons Not of Age of Majority

Persons who are not of the age of majority are not eligible to use the Site, and we ask that no information in relation to such persons be submitted to us.

16.   Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the Materials provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of IOActive, Inc. in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the services of IOActive, Inc. outside the U.S. Neither the services or products of IOActive, Inc. nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17.   Waiver and Severability

The failure of IOActive, Inc. to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

18.   Applicable Laws

All matters relating to your access to, and use of, the Site and Materials provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of Washington. Any legal action or proceeding relating to your access to, or use of, the Site or Materials shall be instituted in a state or federal court in King County, Washington. You and IOActive, Inc. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

19.   Copyright/Trademark

Copyright © 2018, IOActive, Inc. and/or its affiliates. All rights reserved.

20.   Contact Information

If you have any questions regarding these Terms of Use, please contact IOActive, Inc. at legal@nullioactive.com. If you have any other questions, contact information is available at the Contact page on the Site.