RustProof Labs LLC Terms of Service
Last Updated: 4/12/2018; First Published: 8/3/2014
RustProof Labs is a company committed to data, cybersecurity, learning, open source projects and are advocates for the right to privacy and security on the Internet. When we talk about "RustProof Labs," "we," "our," or "us" in this policy, we are referring to RustProof Labs LLC, the company which provides the Services.
The RustProof Labs network (the "Network") is a set of related Internet sites and digital assets owned and/or operated by RustProof Labs. RustProof Labs hosts occasional volunteer and/or training events ("Events") to promote social improvement projects, cybersecurity or technical education.
Our services consist of TrackYourGarden, our publicly available blog, and other sites and services centered on data, security, and learning. We ask that you treat our service, community and staff with respect. Spam, abusive language, and personal attacks are not permitted at RustProof Labs.
Please read these terms of service ("Agreement") carefully before using the Network or Services provided by the Network (collectively "Services") or participating in any Event.
Accepting the Terms of Service
By using or accessing the Services and/or participating in an Event, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you are not permitted to use the Services or participate in the Event.
The Services and Events are accessed by You ("Subscriber" or "You") under the following terms and conditions:
1. Access to the Services
Subject to the terms and conditions of this Agreement, RustProof Labs may offer to provide the Services, which are selected by Subscriber, solely for Subscriber's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services RustProof Labs performs for Subscriber, as well as the offering of any Content (as defined below) on the Services. RustProof Labs may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, Content, or Event.
RustProof Labs may also impose limits on certain features and services or restrict Subscriber's access to parts or all of the Services without notice or liability. RustProof Labs reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service and by providing notice via email, where possible, or on the network. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.
Subscriber certifies to RustProof Labs that Subscriber is an individual (i.e., not a corporate entity) at least 13 years of age. No one under the age of 13 may provide any personal data to or on RustProof Labs (including, for example, a name, address, telephone number or email address).
Subscriber also certifies that they are legally permitted to use the Services, and takes full responsibility for the selection and use of the Services and access to the network. This agreement is void where prohibited by law, and the right to access the network is revoked in such jurisdictions. RustProof Labs makes no claim that the network may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the network from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
RustProof Labs will use reasonable efforts to ensure that the network and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services and/or Content will be interrupted for maintenance, upgrades and repairs, or due to failure of telecommunications links and/or equipment. Every reasonable step will be taken by RustProof Labs to minimize such disruption where it is within RustProof Labs' reasonable control. You agree that neither RustProof Labs nor the Network will be liable in any event to You or any other party for any suspension, modification, discontinuance, or lack of availability of the network, the Services, any Subscriber Content, or other Content.
2. Network Content
The Network and its contents are intended solely for the use of the Network Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Network, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, "Content") (other than Content posted by Subscriber ("Subscriber Content")) are the property of RustProof Labs and/or third parties and are protected by United States and international copyright laws.
All trademarks, service marks, and trade names are proprietary to RustProof Labs and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. Subscriber may download or copy the Content, and other items displayed on the Network for download, for personal use, provided that Subscriber maintains all copyright and other notices contained in such Content.
Any other downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from RustProof Labs, or from the copyright holder identified in such Content's copyright notice.
3. Subscriber Content
You agree that all Subscriber Content that You contribute to the Network is perpetually and irrevocably licensed to RustProof Labs under the Creative Commons Attribution Share Alike license. You grant RustProof Labs the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so in any medium now known and hereinafter developed ("Content License") in order to provide the Services, even if such Subscriber Content has been contributed and subsequently removed by You. Subscriber warrants, represents and agrees Subscriber has the right to grant RustProof Labs and the Network the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that:
(a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner's permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or other violates any law or right of any third party, (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any sections (a) to (e) of this sentence.
RustProof Labs reserves the right to remove any Subscriber Content from the Network, re-post to the Network any Subscriber content removed by any Subscriber or former Subscriber, suspend or terminate Subscriber's right to use the Services at any time, or pursue any other remedy or relief available to RustProof Labs and/or the Network under equity or law, for any reason (including, but not limited to, receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if RustProof Labs is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
Volunteering often involves traveling which always involves some personal risk. You acknowledge and accept sole responsibility for any such risks of whatever nature that may occur during the term of the Event. You acknowledge that RustProof Labs contracts with a network of partners, companies, government agencies and individuals to assist in the Event. To the best of RustProof Labs' knowledge these third parties are qualified to perform the duties they are contracted to perform. RustProof Labs will not be held liable for any injury, damage, loss, delay or irregularity that may occur due to the behaviors or actions of these third parties.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Network. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber's right to Services or to access the Network. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Network or Service user. Use of the Network or Services to violate the security of any computer network, crack password or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the the Services to (a) send unsolicited e-mails, bulk mail, Spam or other materials to users of the Network or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Network, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material.
6. Warranty Disclaimer
RustProof Labs has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that RustProof Labs has no control over, and no duty to take any action regarding: which users gain access to the Network; which Content Subscriber accesses via the Network; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content.
Subscriber releases RustProof Labs from all liability for Subscriber having acquired or not acquired Content through the Network. The Network may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. RustProof Labs makes no representations concerning any content contained in or accessed through the Network, and RustProof Labs will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contain in or accessed through the Network.
Although RustProof Labs and the Network will make reasonable efforts to store and preserve the material residing on the Network, neither RustProof Labs nor the Network is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Network. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Network.
The Services, Events, Charges, Network and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, include, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. RustProof Labs makes no representations or warranties of any kind with respect to the Network, the Services, including any representation or warranty that the use of the Network or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c ) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components. To the fullest extent allowed by case or civil law, RustProof Labs disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the materials or services provided on this Network. By using this Network, you acknowledge that RustProof Labs is not responsible or liable for any harm resulting from (1) use of the Network; (2) downloading information contained on the Network including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Network, including, without limitation, harm caused by viruses, worms, Trojan horses, or any similar contamination or destructive program.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.
7. Third Party Websites
Users of the Network may gain access from the Network to third party sites on the Internet through hypertext or other computer links on the Network. Third party sites are not within the supervision or control of RustProof Labs or the Network. Neither RustProof Labs nor the Network make any representation or warranty whatsoever about any third party site that is linked to the Network, or endorse the products or services offered on such site. RustProof Labs and the Network disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal data) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Network or RustProof Labs with respect to such sites and third party content.
8. Registration and Security
As a condition to using Services, Subscriber may be required to register with RustProof Labs and select a password and username. Subscriber shall provide RustProof Labs with accurate, complete, and updated registration information, including Subscriber's email address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account.
Subscriber may not (a) select or use a profile name of another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights of a person other than Subscriber without appropriate authorization. RustProof Labs reserves the right to refuse registration of, or cancel a profile name in its discretion.
Subscriber shall be responsible for maintaining the confidentiality of Subscriber's password. Subscriber is solely responsible for any use of or action taken under Subscriber's password and accepts full responsibility for all activity conducted through Subscriber's account and agrees to and hereby releases the Network and RustProof Labs from any and all liability concerning such activity. Subscriber agrees to notify RustProof Labs immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber's account or password. The Network will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold RustProof Labs, its directors, officers, employees, volunteers, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber's access to the Network, use of the Services, participation in Events, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
10. Limitation of Liability
In no event shall RustProof Labs, its directors, officers, shareholders, employees, volunteers, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Network or the Services or Events for (a) any indirect, incidental, punitive, physiological, psychological, physical, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Network, errors or omissions; or (d) damages related to downloading or posting Content. RustProof Labs' and the Network's collective liability under this agreement shall be limited to five United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.
11. Fees and Payment
Some of the Services require payment of fees. All fees are stated in U.S. dollars. Subscriber shall pay all applicable fees, as described on the Network in connection with such Services selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Network. Subscriber represents to RustProof Labs that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided "AS IS" with no warranties of any kind. RustProof Labs may modify and/or eliminate such fee-based Services at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Network.
RustProof Labs may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Network and/or by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
Either party may terminate the Services at any time by notifying the other party by any means. RustProof Labs may also terminate or suspend any and all Services and access to the Network immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber's right to use the Services, access the Network, and any Content will immediately cease. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provision, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Network and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to RustProof Labs or the Network, including without limitation any indemnification obligations contained herein.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by Subscriber except with RustProof Labs' prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the Sate of Colorado without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind RustProof Labs in any respect whatsoever. Any notice to the Services that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed email to firstname.lastname@example.org.