Assent to Terms & Amendments
These TERMS may be amended by MOSAIC SECURITY RESEARCH from time to time at its sole discretion. Upon amendment, we will post a notice on our homepage. Please periodically review the controlling version of these TERMS. By continuing to use the Service subsequent to MOSAIC SECURITY RESEARCH making available an amended version of these TERMS, you thereby acknowledge, agree and consent to such amendment.
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY BY MEANS OF ELECTRONIC SIGNATURE, AND TO MOSAIC SECURITY RESEARCH STORING RECORDS RELATED TO YOUR CONTRACTS WITH MOSAIC SECURITY RESEARCH IN ELECTRONIC FORM.
When using the Service, you shall be subject to any posted rules or policies, which may be posted from time to time by MOSAIC SECURITY RESEARCH. Such rules and policies are hereby incorporated by reference into these TERMS. MOSAIC SECURITY RESEARCH may also offer other services that are governed by different terms of service.
Please be aware that you must be at least 18 years of age to access and use the Service. If you are not at least 18 years of age, please do not attempt to access the Service again until you reach the age of 18. You also represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.
MOSAICSECURITY.com is a research source for cyber security professionals. The software directory will include product features, vendor analyses, and links to expert reviews. In order to make the Service possible, MOSAIC SECURITY RESEARCH provides users with access to communications tools, which may heretofore or hereafter be accessed through any medium or device now known or hereafter devised, including but not limited to websites, software and applications that deliver information through a network of properties (the “Service”).
The Service may include advertisements and certain other communications, including without limitation promotional marketing emails. When you complete the Service’s registration process, you are indicating that you wish to receive such communications. If you do not wish to receive promotional marketing communications from MOSAIC SECURITY RESEARCH, please send an email to cont[email protected], or click the “opt out” button on the emails we send you.
Unless explicitly stated otherwise, any new tools that alter or improve the current Service shall be subject to these TERMS.
Username & Password
You may browse the Service without registering. However, in order to access some portions and features of the Service, you must create a “username” and complete the Service’s registration process. If you do so, you agree to provide accurate, current and complete information about yourself (the “Information”) as prompted by the Service’s registration forms. You also agree to timely update the Information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify MOSAIC SECURITY RESEARCH of any unauthorized use of your password or username or any other breach of security by contacting us at [email protected].
Content Submitted by Users
You understand that all Information, data, or content of any kind Posted (i.e., uploaded, posted, made available, sent, shared, communicated or transmitted) by you or another user to or through the Service (“Content”) is the sole responsibility of the person from whom such Content originated. MOSAIC SECURITY RESEARCH does not control such Content and does not make any guarantee whatsoever related to such Content. Although MOSAIC SECURITY RESEARCH reviews Content, we are not obligated to do so. By using the Service, you may be exposed to Content, as well as material Posted to or through the Service by MOSAIC SECURITY RESEARCH, that is offensive, indecent or objectionable. Under no circumstances will we be liable or responsible in any way for any claim related to such Content or material.
You grant MOSAIC SECURITY RESEARCH a royalty-free, irrevocable, transferrable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation and/or public performance) any and all Content that you Post to or through the Service, including without limitation for commercial purposes. You also waive all moral rights in relation to such Content.
If any of the Content that you Post to or through the Service contains ideas, suggestions, documents, and/or proposals to MOSAIC SECURITY RESEARCH, we will have no obligation of confidentiality, express or implied, with respect to such Content, and MOSAIC SECURITY RESEARCH shall be entitled to use, exploit or disclose (or choose not to use or disclose) such Content at its sole discretion without any obligation of MOSAIC SECURITY RESEARCH to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from MOSAIC SECURITY RESEARCH under any circumstances).
Procedure for Making Claims of Copyright Infringement
Mosaic Security Research has adopted the following policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at Mosaic Security Research’s sole discretion, the expeditious removal of infringing material and the termination of the usernames and access of users who qualify as repeat infringers.
Notification of Copyright Infringement Procedures Policy
If you have a good faith belief that your copyright is being infringed by any material on the website, please send a Notice of Claimed Infringement, including the information listed below, to Mosaic Security Research’s Designated Copyright Agent:
- Designated Agent: Mr. Lucas Samaras
- Address: 4938 Hampden Ln., #552, Bethesda, MD 20814
- Phone: (202) 670-3005
- Fax: (202) 706-6043
- Email: [email protected]
To ensure compliance with DMCA guidelines, the Notice of Claimed Infringement must conform to the following requirements:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Mosaic Security Research to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly);
- Information reasonably sufficient to permit Mosaic Security Research to contact the complaining party, such as address, telephone, fax, and/or an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Additionally, please also note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Counter-Notification Procedures Policy
Mosaic Security Research has also instituted a Counter-Notification policy designed to enable, at Mosaic Security Research’s sole discretion, the prompt replacement of material that is removed in response to a Notice of Claimed Infringement as a result of a mistake or misidentification. Please make sure that any Counter-Notification you send to Mosaic Security Research’s Designated Copyright Agent, identified above, includes all of the following information:
- A physical or electronic signature of the account holder;
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing URLs in the body of an email is the best way to help us locate content quickly);
- The statement, “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”;
- The statement, “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside the United States, the judicial district in which Mosaic Security Research is located, and I will accept service of process from the claimant”;
- The name, address, telephone number, and verified email address of the account holder.
Mosaic Security Research can only accept a Counter-Notification directly from the user whose account content has been disabled. For verification, Mosaic Security Research requires that Counter-Notifications be submitted from the email address associated with the account.
After Mosaic Security Research receives your Counter-Notification, we will forward it to the party who submitted the original Notice of Claimed Infringement. Please note that when we forward the Counter-Notification, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way. We will not forward the Counter-Notification to any party other than the original claimant.
After Mosaic Security Research sends out the Counter-Notification, the claimant must then notify us within ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Mosaic Security Research. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Procedure for Making Non-Copyright Complaints
If you believe that your rights, or the rights of a third party, are being violated in any way by any material on the Service, please contact us at: [email protected].
We will work to prevent unlawful activity from taking place on or through the Service.
Our Intellectual Property
MOSAIC SECURITY RESEARCH and its associated logos are our trademarks and/or service marks. Other trademarks, service marks and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
Certain materials available on or through the Service are our works (i.e., content we created, purchased or licensed) (the “Works”). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our content and the Service. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our Works solely for your personal use in connection with using the Service. This license is conditioned on your compliance with these TERMS, and shall terminate upon termination of these TERMS.
To the extent that you come into possession of copies of software, applications, or other copyrighted works by or through your use of the Service, you shall not own those copies or any copyright rights in or related to the Works embodied in those copies. MOSAIC SECURITY RESEARCH hereby reserves to itself all such ownership rights. You shall not reverse engineer or otherwise adapt any software, applications or other copyrighted works that you come into possession of by or through your use of the Service. You shall not rent, lend, sell, gift or otherwise transfer possession of any software, applications or other copyrighted works that you come into possession of by or through your use of the Service.
You will not use the Service to:
- Post any Content that is misleading or that misrepresents that nature or quality of any commercial product or service;
- violate any law or encourage or provide instructions to another to do so;
- Post any Content that is unlawful (including without limitation Content that infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other right), confidential, harmful, threatening, abusive, inflammatory, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
- misrepresent your identity;
- Post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
- Post any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- act in a manner that negatively affects other users’ ability to use the Service;
- harass, intimidate or stalk anyone;
- collect or store personal data about anyone;
- violate any contractual provisions; and/or
- reproduce (other than as necessary to lawfully access the Service), adapt, distribute, publicly display or publicly perform any portion of the Service, the Works or Content (other than Content you Posted), in whole or in part.
MOSAIC SECURITY RESEARCH shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
- MOSAIC SECURITY RESEARCH delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without prior notice to you;
- MOSAIC SECURITY RESEARCH modifying or discontinuing temporarily or permanently, the Service (or any part thereof) with or without notice to you for any or no reason whatsoever;
- MOSAIC SECURITY RESEARCH immediately terminating your username and account and/or your access to the Service for any or no reason whatsoever and with or without prior notice to you;
- MOSAIC SECURITY RESEARCH immediately terminating your username and account and/or your access to the Service for any or no reason whatsoever and with or without prior notice to you;
- the accuracy, usefulness or availability of any information Posted to or through the Service, including but not limited to any securities trading or investment related information; or
- any loss or damage of any sort incurred by you as a result of interactions you have with advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings.
You will indemnify and hold MOSAIC SECURITY RESEARCH harmless from any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of Content you Post to or through the Service, your use of the Service, your connection to the Service, or your violation of these TERMS. You will cooperate as fully as reasonably required in the defense of any such claim. MOSAIC SECURITY RESEARCH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of MOSAIC SECURITY RESEARCH.
- YOU USE THE SERVICE AT YOUR SOLE RISK. MOSAIC SECURITY RESEARCH PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”. MOSAIC SECURITY RESEARCH EXPRESSLY DISCLAIMS TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICE AND GOODS PURCHASED THROUGH THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.
- MOSAIC SECURITY RESEARCH MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE SERVICE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (5) THE SERVICE, ITS SERVERS, OR COMMUNICATIONS SENT FROM MOSAIC SECURITY RESEARCHWILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- NO INFORMATION OBTAINED BY YOU FROM MOSAIC SECURITY RESEARCH OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
MOSAIC SECURITY RESEARCH SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.
IN SOME JURISDICTIONS, CERTAIN LIMITATIONS OF LIABILITY AND DISCLAIMERS RELATED TO WARRANTIES CONTAINED HEREIN MAY NOT APPLY TO YOU.
If you have a dispute with one or more users of the Service, you release MOSAIC SECURITY RESEARCH from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.
MOSAIC SECURITY RESEARCH will provide any notice to you at the email address you provide upon creating a username or by other reasonable means now known or hereafter devised, including without limitation posting notice on the Service homepage. You will provide any notice to MOSAIC SECURITY RESEARCH in writing at the following email address: [email protected].
These TERMS and the relationship between you and MOSAIC SECURITY RESEARCH shall be governed by the laws of the State of Maryland as an agreement wholly performed therein without regard to its conflict of law provisions.
Any dispute relating in any way to your visit to the Service shall be submitted to confidential arbitration in Washington, D.C., except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these TERMS shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TERMS shall be joined to an arbitration involving any other party subject to these TERMS, whether through class arbitration proceedings or otherwise.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or these TERMS must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these TERMS will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
These TERMS constitute the entire agreement between you and MOSAIC SECURITY RESEARCH, and govern your use of the Service. These TERMS supersede any prior agreements between you and MOSAIC SECURITY RESEARCH with respect to the Service. You also may be subject to additional Terms and conditions that may apply when you use or purchase certain other MOSAIC SECURITY RESEARCH services, affiliate services, or third-party services.
These TERMS are fully assignable by MOSAIC SECURITY RESEARCH and will be binding upon and inure to the benefit of our successors and assigns.
Except as otherwise expressly provided in these TERMS, there shall be no third-party beneficiaries to this agreement.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
The failure of MOSAIC SECURITY RESEARCH to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these TERMS must be in writing.
If any provision of these TERMS is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TERMS remain in full force and effect.
The headings in these TERMS are for convenience only and have no legal or contractual effect.
Either party may terminate these TERMS for any or no reason at any time by notifying the other party. However, if you access the Service after terminating these TERMS, you will acknowledge, agree and consent to the version of these TERMS controlling at that time. Upon termination by either party, the following paragraphs will survive: (1) OUR INTELLECTUAL PROPERTY; (2) CONTENT SUBMITTED BY USERS; (3) OUR CONDUCT; (4) INDEMNIFICATION; (5) DISCLAIMERS; (6) LIMITATION OF LIABILITY; (7) RELEASE; (8) GOVERNING LAW and (9) MISCELLANEOUS.