Hello there! Welcome to Vulscan Digital Security's (hereafter "Vulscan", "the Company" or "we") Terms of Service (ToS). Please read this carefully before using our awesome online portal helping to explore the security guru in you.
We've included several annotations that aren't part of the contract itself, but are intended to emphasize key sections and help you follow the legal mumble-jumble that we all have learned to loathe in TOS agreements. We've tried to be fair and straightforward. When in doubt, ask us by emailing support@vulscan.com.
Please read these Terms of Service (the “Agreement“) carefully before using vulscan.com (the “Site“) and/or any other domains, website, products, applications services and/or Content provided by Vulscan Digital Security (collectively , the “Services“). By using or accessing the Services, you (“Subscriber“, “young padawan” or “you“) agree to be bound by all the terms and conditions of this Agreement. if you don't agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services.
Vulscan Digital Security reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your dashboard). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time that Vulscan Digital Security received your prepayment.
As Vulscan Digital Security improves, we might have to make changes to these Terms of Service. When we do, we'll let you know. We're also going to make it a practice to post older versions so you can easily compare what's changed.
You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of Vulscan Digital Security. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
You have to be at least 18 years old. We're serious: it's a hard rule, based on federal and provincial/state laws. You can't enter into a legal agreement with us if you are not of age. “But I'm like 16 years old and hack the cloud all the time!” you plead. Nope. Sorry. If you are younger than 18, you can't use Vulscan Digital Security. Ask your parents for a PS5, or try reading a good book. Ever read Hitchhiker's Guide to the Galaxy?
The Services change frequently, and their form and functionality may change without prior notice to you. We retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. We may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). We may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
The Vulscan Learning Lab is an ever-evolving knowledge platform. With new courses launching to help you build up your 'leet skills, we need flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings (like features that flop). We can also terminate or suspend any account at any time. That sounds harsh, but we only use that power when we have a reason, as outlined in these Terms of Service.
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Vulscan and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Company (and only pursuant to those terms and conditions) or unless permitted by the Company's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Don’t do bad things to the learning platform or to other customers using the service. Hack the planet elsewhere… focus on improving your own skills using Vulscan here.
As a condition to using certain of the Services, you may be required to create an account (an “Account“) and link a social login (or select a password and username) which will serve as a method to identify you.
You agree to provide the Company with accurate, complete, and updated registration information, particularly your email address.
It's really important that the email address associated with your account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify us immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
For information about how we collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by us and our affiliates (as defined below).
For purposes of this Agreement: (1) the term “Content” means a creative express and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written pages, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided or otherwise made accessible on or through the Services.
As a Subscriber of the Services, we grant you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below).
We work hard to provide you with the most up-to-date content and services so you can keep your cloud resources safe. Please don't go out and share it with others as your own work. Tell them to come join us instead. Referrals get you mad discounts after all.
Some of the Services require payment of fees (the “Paid Services“). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
We may, at our sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of purchased Paid Services. For example, if your Account is suspended, you forfeit your license to any historical reports or data you have generated.
We may change our prices for Paid Services at any time. To the extent applicable, we will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, VULSCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. We also make no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty not expressly made herein.
What more can we say? You won't be evil. And neither will we. But things happen. Bare with us.
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Vulscan Digital Security must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Vulscan Digital Security and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Vulscan Digital Security affiliates (the “Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
If you are a California resident, you 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.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VULSCAN AND THE VULSCAN AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT VULSCAN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF VULSCAN AND THE VULSCAN AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 10, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Vulscan may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Vulscan may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Vulscan or any third party.
You and Vulscan agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Vulscan otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
This Agreement shall be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Vulscan must be resolved exclusively by a provincial or federal court located in British Columbia, Canada, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within British Columbia, Canada for the purpose of litigating all such claims or disputes.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Vulscan with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Vulscan’s prior written consent. Vulscan may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Vulscan in any respect whatsoever. Any notice to Vulscan that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to:
Vulscan Digital Security
1231 Pacific Blvd
Suite 530
Vancouver, BC
V6Z 0E2, Canada