These Terms of Use for Digital Assets (these “Terms”) govern the terms by which users obtain the right to use the digital content of Securiti (the “Content”) through the website located at WPEngine (the “Site”) or other associated channels.
These Terms are in addition to any Privacy Policies, Privacy Notices, Non-Disclosure Agreements, Licenses, Use Agreements, and Copyright and Trademark Agreements of Securiti applicable to the Site or other associated channels and to the Content and all the users accessing, downloading and using the Content hosted on the Site or associated channels or any other service provided or material produced by Securiti.
In the event of any inconsistency between these Terms and other Site policies (all of which are incorporated into these Terms by reference), these Terms shall govern.
By accessing, downloading or in any way using the Content hosted on this Site, you accept these Terms, and agree to be bound by its provisions. If you do not accept or agree with these Terms, please do not proceed to access, download or use the Content available on the Site.
In these Terms:
(i) “you” means the person viewing or downloading the Content,
(ii) “Securiti” or “we” means Securiti, Inc., operator of the Site; and
(iii) “Content” means any digital media or other material that you are accessing, downloading or using from the Site.
We hereby grant to you a perpetual, non-exclusive, non-transferable, worldwide license to use the Content for the Permitted Uses only (defined as those uses specified in the Permitted Uses section below). All rights in and to the Site and Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Securiti.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Content (“Submissions”) provided by you to Securiti are non-confidential and Securiti (as well as any designee of Securiti) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
(a) Permitted Uses. You may only use the Content for your personal use only on your personal devices. For clarity, you may not use the Content in products for resale, license, or any other distribution. You are not permitted to modify the Content, print it in any form (except for your own personal use), or sell or transfer it to others for consumption, reproduction or re-sale. Any use of the Content that is not a Permitted Use shall constitute infringement of Securiti’s copyright.
(b) Restrictions. You are permitted to use the Content for your personal use only, although you may transfer files among your personal devices such as phone, tablet, laptop, or desktop computer. You may access, download and use the Content in only one location at a time for each file, although there is no time limit on the duration you can use it for. You may physically transfer the Content from one location to another (i.e., distributing it among your personal devices). You may make only one (1) copy of the Content solely for back-up purposes.
(c) Academic Use. Universities and recognized learning institutions are encouraged to use the Content for academic and educational purposes, but must contact Securiti before proceeding to use the Content;
(d) Additional Uses. Any additional permitted uses must be approved in writing by Securiti.
If there is any doubt that a proposed use is a Permitted Use, you should contact Securiti at [email protected].
Prohibited Uses. You may not do anything with the Content that is not expressly permitted in these Terms. For greater certainty, the following are “Prohibited Uses” and you may not, either individually or in connection with others:
WHILE WE HAVE MADE REASONABLE EFFORTS TO PROVIDE CORRECT INFORMATION IN THE CONTENT, SECURITI DOES NOT WARRANT THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS ERROR-FREE. THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SECURITI DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. THE MATERIAL AND INFORMATION CONTAINED IN THE CONTENT IS FOR GENERAL INFORMATION PURPOSES ONLY. YOU SHOULD NOT RELY UPON IT AS A BASIS FOR MAKING ANY LEGAL, BUSINESS OR OTHER DECISIONS.
IN NO EVENT SHALL SECURITI OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR CONTENT, EVEN IF SECURITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SECURITI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SECURITI FOR USE OF THE CONTENT DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING OR $50, WHICHEVER IS GREATER.
(a) Term and Termination. These Terms are effective until they are terminated. You can terminate these Terms by destroying the Content and your access credentials to the Site or associated channels, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. These Terms also terminate without notice from Securiti if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Securiti in writing that you have complied with these requirements.
(b) Changes. Securiti reserves the right to elect at a later date to revoke or amend the license granted by these Terms and replace the Content with an alternative for any reason. Upon replacement, the license for the replaced Content immediately terminates for any assets that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content and take all reasonable steps to discontinue use of the replaced Content if downloaded on your personal devices.
(c) Infringement. Upon notice from Securiti, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another’s right for which Securiti may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage (electronic or physical). Securiti may provide you with replacement Content (which shall be determined by Securiti in its reasonable commercial judgment), on the Site, but subject to the other terms and conditions of these Terms.
(d) You specifically agree and acknowledge that you have, in addition to the terms of these Terms, reviewed any other policies or agreements which may be incorporated by reference therein, and to the extent of their incorporation in these Terms, you agree to be bound by them.
(e) Failure of Securiti to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
(f) These Terms are personal to you and are not assignable or transferable by you without the prior written consent of Securiti.
(g) All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Site or the Content shall be governed and construed by the law of California, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Securiti arising out of or related in any respect to this Site and the Content shall be exclusively brought solely in either the applicable federal or state courts located in or with jurisdiction over Santa Clara County, State of California, subject, however, to the right of Securiti, at the Securiti ‘s sole discretion, to bring an action to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists.
(h) These Terms constitute the entire agreement between you and Securiti regarding the use of the Site and Content. The failure of Securiti to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. Securiti may assign any or all of its rights and obligations to others at any time. Securiti shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Securiti’s reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Upon Securiti’s request, you will furnish Securiti any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Securiti by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
If you have concerns relating to these Terms, please contact Securiti by emailing [email protected].
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THEM. IN CONSIDERATION OF SECURITI AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THESE TERMS BETWEEN YOU AND SECURITI, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND SECURITI RELATING TO THE SUBJECT OF THESE TERMS.
[email protected]
Securiti, Inc.
300 Santana Row
Suite 450
San Jose, CA 95128
