Terms and Conditions
Last Updated: January 18, 2010
PERMITTED USES OF SITE
Permitted Uses of the Capture Your Flag Internet Site are detailed within context of our Creative Commons License.
SUBMITTING YOUR CONTENT
The Capture Your Flag team welcomes your ideas for future topics, website features, and interviewees; however, to avoid any misunderstandings, please be advised we have no obligation to use any of your submissions or to keep them confidential. Further, if we do use your submissions, or allow others to do so, we have no obligation to notify you, pay you for them or to attribute you as a contributor. Thank you for your understanding.
We welcome your comments on videos and other Content in our website and any other content you choose to submit to us. As a reminder, to avoid any misunderstandings, please be advised that we have the right to, and to allow others to, use, copy, and distribute all of your user comments and any content you submit to us, without compensating or notifying you. You agree not to submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary or personal rights, including privacy and publicity rights, unless you are the owner of such rights.
By uploading, submitting, emailing, posting, publishing or otherwise transmitting any user submission on the website you hereby grant and agree to grant Capture Your Flag LLC a non-exclusive, worldwide, royalty-free sub-licensable, perpetual and irrevocable right to license and use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such user submission in any form, medium or technology now known or later developed, including without limitation on the website and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Capture Your Flag LLC.
PROHIBITED USES OF OUR SITE AND CONTENT
Capture Your Flag LLC has the right but not the obligation to monitor this website for any violations of the policies below and to take all appropriate actions in response, without notice to you. We reserve the right to change or supplement these policies at any time.
You may not post or send through our site any materials or communications that are defamatory, obscene, profane, indecent, pornographic, harassing, threatening, abusive, or otherwise objectionable in our sole discretion.
You may not (and may not encourage others to) violate any law, regulation, rule, or intellectual property or contractual rights of others, or attempt to violate the security of this website or use or gain access to the identities, information, or computers of others through this website.
You may not use this website for commercial, marketing, or advertising purposes or to solicit information, transactions, or money from other site users.
You may not use this website to engage in spamming, flooding, flaming, trolling, spoofing, griefing, phishing, or other unauthorized or unwelcome online conduct.
You may not transmit any virus, worm, time bomb, or similar system interference or corruptant through this site.
You agree to indemnify and hold harmless Capture Your Flag LLC from any and all liabilities, damages, losses, claims, expenses, and fees resulting from your violation of our website policies.
LINKS TO OTHER WEBSITES
For your convenience, this website links to other companies’ and individuals’ websites. We do not endorse, do not control, and do not assume any responsibility for any other websites, including their products, services, content and website use policies and privacy policies. You access all other websites from this website entirely at your own risk and by using our website; you expressly relieve Capture Your Flag LLC from any and all liability arising from your use of any third-party website.
We may revise or supplement these Terms and Conditions from time to time and you agree to be bound by such modifications or revisions. If we make any substantial changes to these Terms and Conditions, we will notify you by posting a prominent announcement on our website. If any modified Terms and Conditions are not acceptable to you, your sole remedy is to cease using this website and, if applicable, cancel your Capture Your Flag account. Capture Your Flag LLC expressly disclaims any and all liability in connection with any user submission.
Your use of the website, services, content and user submissions is at your sole discretion and risk. The website, services, content and user submissions, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. Capture Your Flag LLC expressly disclaims all warranties of any kind, express, implied or statutory, relating to the website, services, content and user submissions, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.
LIMITATIONS OF LIABILITY
In no event shall Capture Your Flag LLC, its officers, directors, employees, or agents, be liable to you for any damages whatsoever, including without limitation, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of this website, services, content or user submissions whether the damages are foreseeable and whether or not Capture Your Flag LLC has been advised of the possibility of such damages. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in event shall Capture Your Flag LLC’s cumulative liability exceed $100.00.
You agree to defend, indemnify, and hold Capture Your Flag LLC, its officers, directors, employees, and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to our use of the website, services, content and user submissions; (ii) your violation of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any intellectual property right, property or privacy right; or (iv) any claim that one of your user submissions caused damages to a third party.
Capture Your Flag LLC makes no claim that our website is appropriate or lawful for use or access outside the United States. If you access this website from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules, and regulations regarding online conduct and website access.
GOVERNING LAW / FORUM
These Terms and Conditions are governed by New York law. If we have a dispute regarding this policy or your use of our website, you agree that it shall be resolved solely in the state or federal courts located in the borough of Kings County, New York and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.