YOUR AGREEMENT TO COMPLY WITH AND BE BOUND BY THESE TERMS IS DEEMED TO OCCUR UPON YOUR FIRST USE OF THE WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD STOP USING THE WEB SITE IMMEDIATELY.
For the avoidance of doubt, these Terms do not control or govern your use of Invicti products.
1. Definitions and Interpretation
1.1 In this Agreement the following terms shall have the following meanings:
- "Content" means any material and information, including all text, graphics, images, audio, video, software, data compilations, articles, any and all copyrightable material (including source and object code), and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site.
- "Intellectual Property Laws" means any applicable intellectual property laws, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws.
- "Invicti" means (i) if your address is located in the United States, Latin America, or Canada (the “Americas”), Invicti Security Corp., a Florida corporation with principal place of business at 220 Industrial Blvd., Suite 102, Austin, TX 78741; or (ii) if your address is located outside of the Americas, Invicti Security Ltd., a limited liability company registered in Malta with principal place of business at Mirabilis Building, Triq L – Intornjatur, Mriehel, CBD 3050, Malta
- "Service" means collectively any online facilities, tools, services, or information that Invicti makes available through the Web Site either now or in the future.
- "System" means any online communications infrastructure that Invicti makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
- "Web Site" means means the website that you are currently using (www.netsparker.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Privacy Statement
3. Intellectual Property
- 3.1 Invicti grants to you a limited, personal, non-transferable, non-sublicensable, revocable license to access and use the Web Site, including Content provided within the Web Site, in the manner presented by Invicti.
- 3.2 Ownership, right and title of all Content provided on the Website shall remain with Invicti (as applicable) at all times. This Agreement does not transfer any Invicti, or third party intellectual property, to the User.
- 3.3. Trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Invicti and are protected by Intellectual Property Laws. In using the Web Site or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Web Sites. All rights not expressly granted are reserved.
4. Links to Other Web Sites
4.1 This Web Site may contain links to other third-party sites. Unless expressly stated, these sites are not under the control of Invicti or that of our affiliates. Any use of third-party sites is at your own risk, and we assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
5. Use of Communications Facilities
5.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
- 5.1.1 Obscene or vulgar language must not be used;
- 5.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 5.1.3 Content that is intended to promote or incite violence must not be submitted;
- 5.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
- 5.1.6 Users must not impersonate other people, particularly employees and representatives of Invicti or our affiliates; and
- 5.1.7 Our System must not be used for unauthorised mass-communication such as "spam" or "junk mail".
- 5.2 You acknowledge that Invicti reserves the right to monitor any and all communications made to us or using our System.
6.1 Invicti may terminate your access to all or any part of the Web Site at any time, with or without cause, with or without notice, effective immediately.
7. Updates to Terms
7.1 Invicti may, without notice to you, at any time amend the Web Site, its Content or these Terms and any other information contained on this website at any time. The latest Terms will be posted on our Web Site, and you should review the Terms prior to using the Web Site. Your continued use of the Web Site after any changes to these Terms are posted will be considered acceptance of those changes.
7.2 In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail.
8.1 Invicti makes no warranty or representation that the Web Site and the Content will meet your expectations or requirements. The Web Site and Content is provided “AS IS” and on an “AS AVAILABLE” basis, and Invicti makes no express or implied warranty of any kind, including warranties of merchantability, non-infringement, fitness for any particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
8.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
8.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
8.4 Invicti accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, Invicti accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, whether arising under contract, negligence, strict liability, or any other legal or equitable theory. Users should be aware that they use the Web Site and its Content at their own risk.
9.2 Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
10.1 You agree to indemnify and hold harmless Invicti, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this Web Site, including, but not limited to, your violation of these Terms.
11.1 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
11.2 The failure of either party to enforce at any time, or for any period of time, the provisions of this Agreement shall not be construed to be a waiver of such provisions or of the right of such party to enforce each and every such provision.
11.3 All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11.4 This Agreement shall be construed and enforced in accordance with (i) if your address is in the Americas, the laws of Texas, U.S.A., without giving effect to any conflicts of laws principles.; or (ii) if your address is located outside of the Americas, the laws of Malta, without giving effect to any conflicts of laws principles.
These terms and conditions have last been updated on 15 October 2021.