All references to "you" or "your" refer to you and any individual or entity on behalf of which you use the Services.
The following terms and conditions (the "Terms") represent the legal agreement between you and MetaCTF Inc. ("MetaCTF", "Company", "we", "us", or "our") with regard to your use of the website and resources located at https://metactf.com, https://metaproblems.com, https://metacorp.us and subdomains (the "Website") and with regard to the provision or hosting of cybersecurity focused problems and challenges on the MetaCTF online platform (the "Services"). Furthermore, by accessing the website, submitting user content (as defined below), or participating in the Services, you agree to the terms and conditions contained in this agreement. If you do not accept the terms and conditions of this agreement, do not use, access, or submit content to the Website or participate in the Services.
We may modify the Terms at any time. All changes to the Terms will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of these Terms. Your use of the Services after a modification to the Terms constitutes your acceptance of and agreement to these Terms, as modified.
We may require Website users to agree to separate terms to participate in specific competitions. These event-specific terms are in addition to your agreement to the Terms set forth in this agreement. Please see the section on Additional Terms.
The Website is intended for users who are at least 13 years old. Persons under the age of 18 are not permitted to use the Services or register for the Website without express parental permission.
Company owns all information, text, reports, data, databases, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, functionality, source code, and other content (except User Content, defined below) contained in the Services, as well as the collection, design, selection, and arrangement thereof (collectively, the "Company Material"). The names, marks, and logos appearing on the Services (collectively, the "Trademarks") are owned by or licensed to Company and are used by Company with permission of the owner. The Trademarks and Company Material are protected by trademark, copyright, and other intellectual property laws. Company requires you to respect all intellectual property rights that we have or may have in and to the Company Material and in the Trademarks.
Occasionally, the Company licenses the competition platform used to provide the Services to third parties who upload their own content to facilitate third-party challenges. These third parties retain the intellectual property and content they upload to the Website in relation to their events. The Company asserts no ownership over this third-party content.
Company hereby grants you a limited, non-exclusive, revocable, non-transferable license to view and use the Services in accordance with the Terms. You may view, print, or save copies of Company Material as required to use the Services. This license is contingent upon your full compliance with the terms and conditions of this agreement. You agree to retain all proprietary notices on any copy you make of Company Material. This license does not give you any ownership or other intellectual property right, title or interest in any Company Material or the Trademarks
Other than as required to facilitate your permissible use of any Services, you may not reproduce, perform, publicly display, create derivative works of, republish, upload, post, retransmit, or redistribute in any way whatsoever any Company Material. You agree not to publish or distribute the written problems provided as a part of in-person and online competition without the company's express permission. Any reproduction, publication, distribution, assignment, sublicense, sale, or other uses of the Company Material for any purpose not expressly permitted by the Terms without written permission from Company is strictly prohibited.
All rights not expressly granted to you under the Terms are reserved by MetaCTF.
3. PERSONAL INFORMATION
4. ACCOUNT INFORMATION
You may be required to register with the Website to access the Services. You must create a unique username and password that enables you to access your account. You agree not to disclose your account details, including your username and password, to anyone else and that you will be solely responsible for any activities or actions taken under your account, whether or not authorized by you. You agree to use a strong password to protect your account from unauthorized use. You agree that you will notify Company immediately of any unauthorized use of your account.
Company is not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide Company will be true, accurate, current and complete at all times. You agree to maintain the accuracy of such information and to promptly update your registration information as necessary. You agree that you have legal capacity and are not a minor in the jurisdiction in which you reside. You agree to not access the Website or Services through automated or non-human means, whether through a bot, script, or otherwise. You agree not to use the Website or Services for any illegal or unauthorized purposes.
By creating an account, you consent to the use of electronic means to review and accept the Terms and to provide you with any notices given pursuant to the Terms or as required under applicable law.
We reserve the right to remove your account, or to reclaim or change a username that you select at our sole discretion and without notice.
5. USER CONTENT
By uploading or submitting any information or media ("User Content") to Company through your use of the Services, you represent and warrant that you are the original author, owner, or authorized licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. As a user of the Website, you are responsible for any User Content or communications you submit to the Website and are responsible for any consequences resulting from such User Content or communications. Therefore, you agree not to do any of the following: (i) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them; or (iii) send any material that infringes on any intellectual property rights of others or on the privacy, publicity or any other rights of others. You acknowledge that User Content may be viewable by other users of the Website and through third-party websites.
By submitting User Content on the Website or through the Services, you hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free right and license, for use on any medium of publication or communication, to use, copy, modify, transmit, publish, display, and perform, the User Content to enable Company to provide the Services. This license does not grant Company the right to sell or license User Content, nor does the license grant Company the right to distribute User Content outside of the Company Services. The company does not assert any ownership over User Content.
Company reserves the right to edit, pre-screen or remove any User Content at any time, and for any reason, in its sole discretion. Company assumes no obligation to monitor User Content.
6. COMMUNICATIONS WITH YOU
You agree to receive written communications from Company or its designees that are necessary for the normal functioning of the Website or in connection with the Services and to promptly comply with any and all such written communications.
7. PROHIBITED USES OF WEBSITE
The Website provides both general information concerning our business and services and provides a web-based platform for you to participate in the Services. Because of the nature of the Services, participants are often encouraged to test their hacking skills against specifically designed and deliberately vulnerable environments. Any offensive activity should be limited to those systems. Anything outside of the competition environment should not be subjected to the offensive hacking activities otherwise encouraged in the competition environment, including the competition platform itself (unless granted explicit permission).
As a condition of your use of the Website, without prior permission, you agree not to:
You agree that disputes arising from an alleged violation of intellectual property rights will result in Company suffering irreparable harm and that, in the event of such a dispute, Company and/or its affiliates may obtain a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies and you hereby consent to Company obtaining any such relief without the requirement to post a bond or other security.
Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates the Terms, including without limitation, reporting such violations to law enforcement authorities.
8. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
Company is under no obligation to, and does not, scan third-party content used in connection with the Services for the inclusion of illegal or impermissible content. However, Company respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another party's copyright. It is Company's intention to fully comply with the DMCA, including the notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.
If you believe any content on the Services infringe a copyright, you agree to provide Company with written notice that at a minimum contains:
Company may at any time, in its sole discretion, terminate the Terms by discontinuing operation of the Services. Company reserves the right to terminate you as a user and prevent you from accessing the Website at any time and for any reason, including but not limited to your violation of the Terms or the law. The violation of any of the terms and conditions set forth in this agreement may result in the immediate termination of your right and license to use the Company Material and obligates you to immediately destroy any copies of the Company Material in your possession.
10. DISCLAIMER OF WARRANTIES
THE SERVICES, THE WEBSITE AND THE COMPANY MATERIAL ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
You expressly agree that use of the Website is at your sole risk. Neither the Company, nor any of its employees or agents or any of their officers, directors, employees or agents, warrant that use of the Website will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Website or relying on the Company Materials and Services, (ii) the accuracy, completeness, timeliness, legality, reliability or content of any information or service offered through the Website, (iii) any opinion, information, advice or statement expressed by Company on the Services, (iv) the quality of any products, services, information, or other material that you obtain from the Services will meet your expectations, (v) that the Services will operate uninterrupted and error-free, or (vi) the files available for downloading from the Website, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.
11. LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES, THE WEBSITE AND THE COMPANY MATERIAL IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, LOST PROFITS OR ANY OTHER SIMILAR DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE OR COMPANY MATERIAL OR ANY USER CONTENT, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY NATURE, INCLUDING PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, RESULTING FROM YOUR USE OF THE SERVICES, THE WEBSITE OR COMPANY MATERIAL OR FROM ANY USER CONTENT SUBMITTED VIA THE WEBSITE OR OTHERWISE IN CONNECTION WITH THE SERVICES. COMPANY SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE SERVICING OR REPLACING OF EQUIPMENT, RESULTING FROM YOUR USE OF THE WEBSITE OR THE SERVICES.
COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, 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 COMMUNICATION. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE WEBSITE OR THE SERVICES.
THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES THAT MIGHT BE CAUSED BY A PREVIOUS COMPETITION PARTICIPANT WHERE THEY MAY CLAIM THAT THEIR INDIVIDUAL ACTIONS WERE LEARNED THROUGH THE USE OF OUR SERVICES.
You agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, and agents from and against any action, claim, demand, damages, loss, costs or expenses (including but not limited to attorneys' fees and court costs) arising out of: (i) your use of the Website, the Services or the Company Material; (ii) your submission of User Content, (iii) any conduct by you that violates the Terms; and (iv) your infringement of the intellectual property rights of third parties.
13. THIRD-PARTY WEBSITES
14. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
15. ADDITIONAL TERMS
Occasionally, Company may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through or in association with the Website (the "Additional Terms"). Additional Terms, often in the context of specific competitions, will be posted in specific areas on the Website or may be presented in person for in-person events, and they require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of this agreement.
16. GENERAL PROVISIONS
The Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in Charlottesville, VA, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Services.
Company's failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
Company may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under the Terms. You may not assign your rights or delegate your duties under the Terms without the prior written consent of Company.
If any provision of the Terms are held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of the Terms.
Except as expressly provided elsewhere in respect of the Services, the Terms constitutes the entire agreement between you and Company with respect to your use of the Services and the Website.
17. CONTACT US
All feedback, comments, requests for technical support, and other communications relating to our Website or Services are welcome. Please address these communications to email@example.com.