Last Modified: Dec 26, 2013
Welcome to security-worldwide.blogspot.com
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF MY WEBSITE.
This page explains the terms by which you may use my Website and the materials, services or software accessible through it (the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”).
I reserve the right to modify this Agreement at any time. If I change this Agreement, I shall identify a new date after the “Last Modified” appearing above. By using my Website after I post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them. If you do not wish to be bound by this Agreement, you are not authorized to use my Website.
1. Submissions.
1.1. Submissions; Monitoring. My Website enables you to post comments and other content to the blog feature of my Website (“Submissions”). I believe that my Website facilitates communication, self-expression, freedom of speech, and encourage the healthy exchange of information and viewpoints. You acknowledge and agree that I do not and shall not have any obligation to review Submissions, and therefore I do not guarantee the accuracy, integrity or quality of Submissions and I cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on my Website. However, you acknowledge and agree that I have the right to monitor and to alter, edit, refuse to post or remove any Submission that you post to my Website, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that I do not have any obligation to use or respond to any Submission. You agree that you shall immediately notify me in writing of any objectionable Submissions or other content appearing on my Website.
1.2. Accurate Information. In order to make use of certain functionality on my Website, you will need to provide me with certain of your Personally Identifiable Information (“PII”), such as your name and email address. You agree to provide me with accurate, complete and current information at all times. You agree not to allow any third party to access my Website on your behalf. You agree to be responsible for allowing any other person or entity to access my Website on your behalf. You agree to notify me immediately if you learn of any unauthorized use of my Website. You agree that I have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect my interests.
1.3. Restrictions. By posting a Submission to my Website, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is and will not be defamatory or libelous. Furthermore, you agree not to post or otherwise submit to my Website any Submission that:
(a) is fraudulent;
(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts my Website, services connected to my Website, or otherwise interferes with operations or services of my Website in any way;
(c) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
(d) is offensive to the Website community or to me, such as content that promotes racism, bigotry, sexism, hatred or physical harm of any kind against any group or individual or which harasses or harms, or advocates the harassment or harming of another person;
(e) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or solicits PII from other visitors to my Website;
(f) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) links to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link or which competes in any manner with my Website;
(h) violates a person’s rights of publicity and/or privacy; or
(i) violates any applicable local, state, national, or international law.
You acknowledge that Submissions posted to my Website may be subject to size and usage limitations, and that you are responsible for adhering to such limitations.
1.4. Grant of License to Submissions. By posting Submissions to my Website, you automatically grant, and represent and warrant that you have the right to grant me a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on my Website and elsewhere. No Submissions shall impose any obligation on me, whether of attribution or otherwise, and I shall not be liable for any use or disclosure of any such Submissions.
2. Intellectual Property.
2.1. Copyright. All content (including without limitation any pictures, logos, images and text) appearing on my Website is my property or the property of its licensors or suppliers and is protected by copyright under the copyright laws of the Republic of the Philippines and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
2.2. Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included on my Website are my trademarks or trademarks of my licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the Republic of the Philippines and/or other countries. The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, me.
2.3. Copyright Claims. If you believe that your work has been copied and posted on my Website in a way that constitutes copyright infringement, please provide me with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on my Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon me actual knowledge of facts or circumstances from which infringing material or acts are evident. For notice of claims of copyright infringement you can reach me via e-mail:
mail.markus.schindler[at]gmail.com
I suggest that you consult your legal advisor before filing a notice with me because there maybe penalties for false claims.
3. Links.
I and/or third parties may provide links to other websites of possible interest to you. Because I have no control over unaffiliated websites, you acknowledge and agree that I am not responsible for the availability of such websites and do not endorse and am not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites. I reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
4. DISCLAIMER OF WARRANTIES.
4.1. YOU ACKNOWLEDGE AND AGREE THAT I DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, APPROPRIATENESS, AVAILABILITY, CORRECTNESS, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON MY WEBSITE AND AM NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON MY WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. I DO NOT ENDORSE ANY OPINION, ADVICE, OR STATEMENT OR OTHER MATERIAL CONTAINED IN A SUBMISSION AND SUBMISSIONS. SUBMISSIONS DO NOT IN ANY WAY REFLECT MY OPINION, ADVICE OR STATEMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ME OR THROUGH THE WEBITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4.2. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL I BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) OBTAINED THROUGH MY WEBSITE OR CAUSED BY THE CONDUCT OF VISITORS TO MY WEBSITE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, I MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, I DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION OF LIABILITY.
5.1. IN NO EVENT SHALL I, MY OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE MY WEBSITES, EVEN IF I OR MY AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF MY WEBSITE. UNDER NO CIRCUMSTANCES WILL I BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
MY AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH USE OF MY WEBSITE IN ANY CIRCUMSTANCE IS LIMITED TO ONE-THOUSAND PESOS (₱1,000).
5.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 4 OR 5 HEREOF MAY NOT APPLY TO YOU.
6. Indemnification.
You agree to indemnify, defend and hold me, my affiliates, officers, directors and employees harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your use or misuse of our Websites, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of these Terms of Use by you, or your violation of any law or the rights of a third party. You agree that under no circumstances will I be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold me harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.
I reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with me in asserting any available defense.
7. Commercial Use.
You acknowledge and agree that my Website is for your personal use only and may not be used by you directly or indirectly in connection with any commercial endeavors.
8. Governing Law; Venue.
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. You hereby submit to exclusive jurisdiction in the federal and state courts of the Republic of the Philippines. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
I control and operate this site from Manila, the Republic of the Philippines. I do not represent that materials on the site are appropriate or available for use outside of the Republic of the Philippines. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please note that your use of the Website may be subject to other local, state, national, and international laws.
9. General.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by me, in my sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
10. No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and my failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
11. Contact Me.
If you have any questions or concerns regarding my Website or if you discover unlawful content on any Website that is linked on my Website, please contact me by e-mail at mail.markus.schindler[at]gmail.com
