This Terms of Use (“Agreement”) covers all websites and its social networking accounts (collectively, “IT-CREED Sites”) under the it-creed.com brand (collectively, IT-CREED PPC”) and its affiliates to which this Terms of Use is linked to. The terms “we” and “our” as used in this Agreement refer to IT-CREED PPC and the IT-CREED Sites. Certain features of the IT-CREED Sites may be subject to additional guidelines, terms, or rules, which will be posted on the IT-CREED Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
License
IT-CREED PPC grants you a non-exclusive, non-transferrable, revocable license to access the IT-CREED Sites for personal and non-commercial use strictly in accordance with our Legal Terms (see Changes to Terms of Use below).
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the IT-CREED Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the IT-CREED Sites; (c) you shall not access the IT-CREED Sites in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the IT-CREED Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the IT-CREED Sites shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any IT-CREED Sites content must be retained on all copies thereof.
Open Source Software. Certain items of independent, third-party code may be included in our websites that are subject to open source licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your right under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
Site Modification. IT-CREED PPC reserves the right, at any time, to modify suspend, or discontinue the IT-CREED Sites or any part thereof with or without notice. You agree that IT-CREED PPC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the IT-CREED Sites or any part thereof.
User Registration and Passwords
When you create a User Registration (as described in the Privacy Policy), you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You will be responsible for maintaining the confidentiality of your User Registration, and we will not be responsible for misuse of your User Registration by any third party, whether authorized by you or not. You are responsible for all activities that occur under your User Registration. You agree to immediately notify IT-CREED PPC of any unauthorized use, or suspected unauthorized use of your User Registration or any other breach of security. IT-CREED PPC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Ownership and Feedback
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the IT-CREED Sites are owned by IT-CREED PPC. The provision of the IT-CREED Sites does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. IT-CREED PPC and its suppliers' reserve all rights not granted in this Agreement.
If you provide IT-CREED PPC any feedback or suggestions regarding the IT-CREED Sites (“Feedback”), you hereby assign to IT-CREED PPC all rights in the Feedback and agree that IT-CREED PPC shall have the right to use such Feedback and related information in any manner it deems appropriate. IT-CREED PPC will treat any Feedback you provide to IT-CREED PPC as non-confidential and non-proprietary. You agree that you will not submit to IT-CREED PPC any information or ideas that you consider to be confidential or proprietary.
User Content
User Submitted Content. All information and content that a user submits to, or uses with, the IT-CREED Sites (e.g., photos, audio, video, messages, text, files, or any other content you provide us) are collectively known as “User Content”. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by IT-CREED PPC. Because you alone are responsible for your User Content (and not IT-CREED PPC), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. IT-CREED PPC is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. Under no circumstance will IT-CREED PPC be liable for any inaccuracy or defect in any User Content.
License to User Content. You hereby grant, and you represent and warrant that you have the right to grant, to IT-CREED PPC an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following sets forth IT-CREED PPC’s “Acceptable Use Policy”.
(a) You agree not to post, email, send, or otherwise make available User Content:
That is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way.
That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
That includes personal or identifying information about another person without that person’s explicit consent.
That is false, deceptive, misleading, deceitful, mis-informative, constitute “bait and switch” or impersonation of any person or entity.
That contains your own or a third party’s advertising, branding or promotional content
That is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
That violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Restrict or inhibit any other user from using and enjoying the IT-CREED PPC sites or the IT-CREED PPC services offered on them.
That includes your personal information, such as telephone number, street address, last name, URL, or email address.
That is “cut and paste” of private messages from other users.
That re-broadcasts any User Content that violates these terms; or that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to use the IT-CREED Sites to:
Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
Harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent.
Interfere with, disrupt, or create an undue burden on servers or networks connected to the IT-CREED Sites or violate the regulations, policies or procedures of such networks.
Attempt to gain unauthorized access to the IT-CREED Sites, other computer systems or networks connected to or used together with the IT-CREED Sites, through password mining, or other means; tamper with any copyright protection and mechanisms applicable to content on any IT-CREED Site;
Introduce software or automated agents or scripts to the IT-CREED Sites so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the IT-CREED Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the IT-CREED Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Registration, and/or reporting you to law enforcement authorities. If IT-CREED PPC elects to modify User Content, IT-CREED PPC nonetheless assumes no responsibility for the User Content.
Other Users. Each IT-CREED Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other IT-CREED Site users are solely between you and such user. You agree that IT-CREED PPC will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any IT-CREED Site user, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and IT-CREED PPC has no obligation to monitor or delete any such User Content.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other IT-CREED Site user.
Indemnity
You agree to defend, indemnify and hold IT-CREED PPC (and its officers, employees, contractors, and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, from any claim or demand made by any third party due to or arising from or related to your (a) use of the IT-CREED Sites or any Contracts or Services you purchase through it, (b) your User Content, (c) your violation of this Agreement, or (d) your violation of applicable laws or regulations. IT-CREED PPC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of IT-CREED PPC. IT-CREED PPC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers
THE IT-CREED SITES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS AND PARTNERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. WE (AND OUR SUPPLIERS AND PARTNERS) MAKE NO WARRANTY THAT THE IT-CREED SITES: (A) WILL MEET REQUIREMENTS ; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS, IT-CREED PPC ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. IT-CREED PCC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE IT-CREED SITES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE IT-CREED SITES OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL IT-CREED PPC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE IT-CREED SITES, ANY CONTENT POSTED ON OR THROUGH THE IT-CREED SITES, OR CONDUCT OF ANY USERS OF THE IT-CREED SITES, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE IT-CREED SITES. YOU USE THE IT-CREED SITES AT YOUR OWN RISK. SOME AREAS OF OUR IT-CREED SITES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH IT-CREED PPC OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. IT-CREED PPC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE IT-CREED SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU
Limitation of Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS AND PARTNERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE IT-CREED SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NO APPLY TO YOU.
Third Party Sites & Ads
IT-CREED Sites may contain links to websites, services, and advertisements owned or operated by parties other than IT-CREED PPC (collectively, “Third Party Sites & Ads”). IT-CREED PPC does not monitor or control outside Websites and is not responsible for their content. Such Third Party Sites & Ads are provided for you by IT-CREED PPC as a reference, and a convenience only and does not review, approve, warrant, endorse, or make any representations with respect to the material of the Third Party Sites & Ads. Unless expressly disclosed, otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does IT-CREED PPC’s inclusion of the links imply that IT-CREED PPC is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Sites & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
Term & Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the IT-CREED Sites. We may (a) suspend your rights to use the IT-CREED Sites (including your User Registration) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the IT-CREED Sites in violation of this Agreement. Upon termination of this Agreement, your User Registration and right to access and use the IT-CREED Sites will terminate immediately. You understand that any termination of your User Registration involves deletion of your User Content associated therewith from our live databases. IT-CREED PPC will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Registration or deletion of your User Content.
Copyright Policy
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written, and other materials that appear as part of our websites are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (collectively, “Intellectual Property”) owned, controlled or license by IT-CREED PPC. Our IT-CREED Sites as a whole is protected by copyright and trade dress. Nothing on our websites should be construed as granting, by implication, estoppel or otherwise. Any license or right to use any Intellectual Property displayed or used on our websites, without the prior written permission of the Intellectual Property owner. IT-CREED PPC aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of IT-CREED PPC and the IT-CREED Sites, may not be used in any way, including in advertising or publicly pertaining to distribution of materials on our websites, or as part of a link to or from any Website unless with prior, written permission and approval from IT-CREED PPC. Fair use of IT-CREED PPC’s Intellectual Property requires property acknowledgment. Other product or company names mentioned in the IT-CREED Sites may be the Intellectual Property of their respective owners.
If you believe your copyright has been infringed, you may notify us at
And provide us with the following:
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 at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, including an address, a telephone number, 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 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.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, post on our social network page, or by sending an email to our registered users.
General
Changes to Terms of Use. We may amend this Agreement at any time by posting the amended terms on the IT-CREED Sites. We may or may not post notices on the IT-CREED Sites when such changes occur.
Entire Agreement. We refer to this Agreement, our Privacy Policy, and any other terms, rules, or guidelines on our websites collectively as our “Legal Terms.” The Legal Terms constitutes the entire Agreement between you and us regarding the use of the IT-CREED Sites. You (On behalf of yourself or the entity that you represent) explicitly and implicitly agree, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (On behalf of yourself or the entity that you represent) and to be bound by our Legal Terms each time you access the IT-CREED Sites. If you do not wish to be bound, and do not agree with all of the provisions of this Agreement, please do not use or access the IT-CREED Sites.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship with IT-CREED PPC is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without IT-CREED PPC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.