You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Site or the Services, whether publicly posted or privately transmitted (“Materials”), are the sole responsibility of the party from whom such Materials originated. This means that (i) you, and not ThreatConnect, are entirely responsible for all Materials that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services or the Website (collectively, “Your Materials”), and (ii) other Users of the Services, and not ThreatConnect, are similarly responsible for all Materials they Make Available through the Services or the Website (“User Materials”). You are entirely responsible for each individual item of Your Materials. As between you and us, you retain ownership and any intellectual property rights in any copyrighted materials that are contained in Your Materials.
a. Privacy. We know you are worried about your security and privacy. We take several measures to protect your anonymity and Materials. We offer functionality on the Site or Services that allow you to submit Your Materials anonymously. If you use this functionality, we will not associate your user name on the Site or Services with such components of Your Materials. By submitting Your Materials to any public or private forums, comments or any other public area on the Site or Services; unless you submit Your materials anonymously, you hereby expressly permit ThreatConnect to identify you by your username (which may be a pseudonym) as the contributor of Your Materials. Such disclosure will be limited to the extent permitted by the forum where you submitted Your Materials. Unless expressly requested by you, we will not perform any analysis of Your Materials on a stand-alone basis.
b. Security. We recognize that the nature of User Materials may be harmful, containing malware, viruses, bots, worms, Trojan horses, time bombs, cancelbots or other similar harmful or deleterious programming (“Malicious Software”). It is very important for each User to handle and transmit such material with due care, including, without limitation and where possible, by neutralizing or otherwise containing the threat. In all cases, please take care to communicate and transmit Your Materials to us in the safest and most reasonable manner possible. We reserve the right at any time, in our discretion, to issue general warnings about uncontrolled threats.
c. User Representations and Warranties. You represent and warrant that Your Materials will not: (i) Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (ii) violate the privacy, publicity, or other rights of third parties; (iii) violate any other law, statute, ordinance or regulation; (iv) be false or inaccurate or become false or inaccurate at any time; (v) be or contain material that is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion; (vi) disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; (vii) misrepresent your identity or impersonate another person or entity in any way; (viii) advocate or encourage any illegal activity; or (ix) have the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
d. License. We need to make sure we have the rights to run our Site and Services, and to be able to maintain and enrich the available database so that we can most effectively identify and research new and existing threats and provide Registered Users with the best information possible to defending against threats. Subject to the settings under which you Make Available Your Materials (e.g., public or private forums, anonymous or identifiable posts), and subject to the restrictions herein, you grant us a perpetual, irrevocable, non-terminable, non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, to use Your Materials (on an anonymous basis unless you have publicly posted it in your name) solely for purposes of research, analysis, and testing related to cyberthreats, including, without limitation, the results of such research, analysis, or testing and the creation or development of cyberthreat-related inventions or software (“Threat Analysis”), together with a right to license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display such Threat Analysis (in whole or in part) worldwide, and to incorporate such Threat Analysis in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in any portion of Your Materials that are incorporated into any Threat Analysis. You hereby authorize us to do the foregoing and hereby assign all of Your right, title, and interest in and to any Threat Analysis to ThreatConnect. We agree any Threat Analysis material will not be specifically identifiable or attributable to you and in no case will ThreatConnect publish or republish any of Your Materials as such without your prior written consent.