Terms of Service <p>Thank you for your interest in the picoCTF platform of Carnegie Mellon
University (“CMU”), currently available at https://picoctf.org or
https://picoctf.com</p>
<p>Through the picoCTF platform, CMU expects to make available certain
educational materials, resources and activities related to computer
security, which are targeted to middle and high school students age 13
or older.
The available items and resources may change from time to
time, but are currently expected to include:</p>
<ul>
<li>
<p>
<strong>picoPrimer</strong>, a textbook-style manual regarding cyber security
concepts;</p>
</li>
<li>
<p>
<strong>Education guides</strong>, consisting of learning resources in text
format;</p>
</li>
<li>
<p>
<strong>picoGym</strong>, where users can replay challenges from past picoCTF
competitions;</p>
</li>
<li>
<p>
<strong>picoMini competitions</strong>, consisting of pop-up style educational
competitions that give users an opportunity to test their skills.
and</p>
</li>
<li>
<p>
<strong>picoCTF competitions</strong>, involving a time-limited competition
(currently expected to occur about once a year) in which teams may
be eligible to compete for prizes.
As described below, participation
in such competitions will be subject to additional terms and
conditions.</p>
</li>
</ul>
<p>BY REGISTERING FOR THE PICOCTF PLATFORM (WHETHER FOR YOURSELF AND/OR ON
BEHALF OF YOUR CHILD OR YOUR STUDENT), USING THIS PICOCTF SITE
(INCLUDING ANY CONTENT ON IT) AND/OR PARTICIPATING IN PICOCTF ONLINE
ACTIVITIES SUCH AS COMPETITIONS (COLLECTIVELY, THE “Services”), YOU ARE
AGREEING TO THESE TERMS OF USE (“TOU”).
THESE TERMS OF USE ARE A LEGALLY
BINDING AGREEMENT BETWEEN YOU AND CMU WITH RESPECT TO THE SERVICES.</p>
<p>IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR MINOR
CHILD TO USE AND/OR PARTICIPATE IN ANY OF THE SERVICES, YOU AGREE TO BE
BOUND BY THESE TOU ON BEHALF OF YOUR CHILD.</p>
<p>IF YOU ARE A TEACHER OR SCHOOL ADMINISTRATOR THAT FACILITATES A
REGISTRATION ON BEHALF OF A MINOR STUDENT, YOU REPRESENT AND WARRANT
THAT YOU HAVE APPROPRIATE AUTHORITY AND ALL NECESSARY PERMISSIONS FROM
YOUR SCHOOL TO AGREE TO THESE TERMS OF USE ON BEHALF OF YOU, YOUR SCHOOL
AND ANY STUDENT USERS IN YOUR CLASS FOR WHOM YOU ARE CREATING ACCOUNTS.
YOU ALSO AGREE THAT YOU HAVE OBTAINED ALL NECESSARY PERMISSIONS AND
CONSENTS FROM SUCH STUDENT USERS AND THEIR PARENTS OR LEGAL GUARDIANS
FOR YOU TO REGISTER THE STUDENT USERS UNDER THESE TOU, INCLUDING THE
RIGHT FOR YOU TO PROVIDE THE INFORMATION NECESSARY TO CREATE ACCOUNTS
FOR SUCH STUDENTS, PRIOR TO CREATING SUCH ACCOUNTS AND/OR PROVIDING THE
STUDENT USERS WITH ACCESS TO THE SERVICES.</p>
<p>By using and/or participating in the Services, you are agreeing to fully
comply with these TOU, without modification by you.
If you do not agree
with these terms and conditions as stated, your only recourse is to
discontinue using and participating in the Services.
In addition, as a
condition of participating in any picoCTF competitions, you shall be
subject to any and all applicable competition rules which may be posted
from time to time.
All such competition rules are hereby incorporated by
reference into these TOU.
Unless explicitly stated otherwise, any new
features that augment or enhance the current Services shall be subject
to the TOU.</p>
<p>The picoCTF platform is operated by Carnegie Mellon University in the
United States and is currently marketed toward a U.S.-based audience.
These TOU, the Services, and all related documentation are in English.
In the event this site or any of these materials are translated into
another language (by you, computer software or otherwise), please be
aware that CMU’s English language version will control.</p>
<p>THESE TOU ARE A LEGALLY BINDING AGREEMENT WITH CMU WITH RESPECT TO THE
SERVICES.
IF THESE TOU ARE NOT ACCEPTABLE TO YOU (AND TO YOUR SCHOOL, IF
APPLICABLE), YOU MUST NOT PROCEED WITH REGISTRATION, AND YOU MAY NOT
ACCESS OR USE THE SERVICES (NOR, IF APPLICBLE, MAY YOUR SCHOOL AND/OR
ANY STUDENT USERS TO WHOM YOU WANTED TO FACILITATE ACCESS).</p> Modifications of Terms <p>CMU shall have the right to modify the terms of this TOU at any time,
which modification shall be effective immediately upon posting.
Accordingly, we suggest that you check review our TOU when you use the
Services to stay informed.
If you disagree with the changes to this TOU,
you should discontinue your use of the Services.
To make your periodic
review more convenient, we will post a date at the top of this page.</p> Use of Third Party Providers and Services
<p>CMU may use certain third party service providers (“Third Party Providers”)
to support portions of the Services (including but not limited to registration
support and hosting services).
Such Third Party Providers may include, but are not
necessarily limited to, Amazon Web Services, SendGrid and Tableau.</p> Rights Associated with the Services <p>The Services involve making available computer security games targeted
at middle and high school students aged 13 or older.
From time to time
as part of the Services, CMU may also run various competitions related
to these games.
CMU and/or its content providers own and retain all
intellectual property rights to the Services, including but not limited
to game content.
However, Third Party Providers retain any rights they
have in their own respective services, even though they may be used to
support and/or interact with the Services.</p> Account Registration and Responsibility.
Teacher Batch Registrations for Students <p>Please read the picoCTF Privacy Statement for information as to CMU’s
collection and handling of personal information collected through the
Services.</p> Account Registration
<p>When you register to use the Services, you must
provide true, accurate and complete registration information.
Should CMU
suspect that your information is not accurate and complete, your account
may be subject to suspension or termination.</p>
<p>
<strong>YOU AGREE THAT YOU WILL NOT USE YOUR NAME OR INCLUDE ANY OTHER
PERSONALLY IDENTIFIABLE INFORMATION IN YOUR USERNAME.</strong>
</p>
<p>To comply with the Children's Online Privacy Protection Act, at this
time the Services are available only to users who are at least 13 years
old.
If you are under 13, you may not register to use the Services.
If
you are at least 13 but under 18, a parent or legal guardian must
provide their email address as part of your account registration to
indicate their consent to your account registration (except in the case
of student registrations being done through a teacher batch registration
as described below).</p>
<p>You, not CMU, will be responsible for all activities occurring under
your username and for keeping your password secure.
CMU retains the
right to revoke and/or terminate any user's registration and all
privileges associated with such registration at any time, including for
any violation of this TOU.
If you believe that your account (or an
account you have created on behalf of your child or a student) has been
or may be compromised, you must notify CMU by contacting
other@picoctf.org as soon as possible.</p> Teacher Batch Registration
<p>If you are a teacher, you may create accounts for your students using the teacher batch registration feature
instead of the students individually signing up for accounts with
personal email addresses.
Through the teacher batch registration
feature, you may set user names and create accounts for students without
providing names, email addresses or other personally identifiable
information for those students.
We may request the grade level and
gender of the students for whom the teacher is creating the accounts.
However, CMU will not know the identity of the students for whom those
accounts have been created.
The identity of which student has which user
name and account is controlled by the teacher.</p>
<p>
<strong>AS A REMINDER, IF YOU ARE USING THIS TEACHER BATCH REGISTRATION
FEATURE, YOU AGREE THAT YOU WILL NOT INCLUDE ANY PERSONALLY IDENTIFIABLE
INFORMATION OF THE STUDENTS IN ANY OF THE USERNAMES YOU CREATE FOR THE
STUDENT ACCOUNTS.</strong>
</p> Content <p>"Content," as used herein, is all information, data, text, software,
music, sound, photographs, graphics, video, messages, tags, or other
materials, whether publicly posted or privately transmitted through the
Services.
"User Content" is any Content provided by and/or originating
from a user.
As used herein, "Content" refers to both User Content and
Content unless expressly stated otherwise.</p>
<p>You understand that all User Content is the sole responsibility of the
person from whom such User Content originated.
This means that you, and
not CMU, are entirely responsible for any and all User Content that you
upload, post, email, transmit or otherwise make available via the
Services.
CMU does not guarantee the accuracy, integrity or quality of
Content.
You acknowledge that by using the Service, you may be exposed
to Content that may be obsolete, incorrect, or objectionable.
Under no
circumstances will CMU be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss
or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the
Services.
Should User Content be found or reported in violation of these
TOU, it will be CMU’s sole discretion as to what action should be taken,
including suspension and/or termination of the applicable account.</p> Use/Availability of the Services <p>You may only use and display the Content of the Services for your own
personal use (i.e., non-commercial use) and may not otherwise copy,
reproduce, alter, modify, create derivative works, or publicly display
any Content of the Services for other purposes.
CMU shall have the right
in its sole discretion to suspend or terminate the Services or your
access to it.</p> Prohibited Uses/Activities <p>You agree you will NOT do any of the following with respect to the
Services: (a) transmit any Content or take any action in violation of
applicable laws or regulations, or encourage others to do so.
(b)
transmit any Content or take any action that is harmful, threatening,
abusive, harassing, torturous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, discriminatory or racially,
ethnically or otherwise objectionable, or encourage others to do so.
(c)
provide any Content or take any action that infringes any patent,
trademark, trade secret, copyright or other proprietary rights and/or
that you do not otherwise have a right to make available under any law
or under contractual or fiduciary relationships (including but not
limited to personally identifiable information and/or confidential or
proprietary information learned or disclosed as part of employment
relationships).
(d) interfere with, remove or modify any terms and
conditions or other Content on the Services and/or any part of the
Services used for the operation and/or security of the Services.
(e)
collect and/or attempt to collect information about other users or third
parties without their consent, including but not limited to soliciting
or collecting passwords or personal identifying information from other
users without their prior consent.
(f) send unsolicited mail,
advertisements, or other similar promotional material.
(g) impersonate
any person or entity, including, but not limited to, any CMU personnel,
or falsely state or otherwise misrepresent your affiliation with a
person or entity.
(h) upload, post, email, transmit or otherwise make
available 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.
(i) interfere with or disrupt the Services
or servers or networks connected to the Services, or disobey any
requirements, procedures, policies or regulations of networks connected
to the Services (including but not limited to those of Third Party
Providers).
(j) use the Services to sell a product or service and/or to
increase traffic to other websites for commercial reasons, such as
advertising sales.
(k) take Content from the Services and reformat and
display it, or mirror any portion of picoCTF platform on any other site.
and/or (l) exceed the scope of your authority with respect to your use
of the Services, for example, accessing and using features that you do
not have a right to use, or deleting, adding to, or otherwise changing
other people's entries or other Content when you have not been granted
the privileges to do so.</p>
<p>Without limiting the general nature of the prohibitions listed above,
with respect to any challenges, you also may not interfere with the
progress of other users, nor with the operation of the Services’
infrastructure.
More specifically, attacking the scoring server, other
users working on the challenges, or machines not explicitly designated
as targets is cheating.
This includes both breaking into such machines,
and denying others access to them or the ability to solve problems (for
example, by altering a key or ping-flooding).
Sharing keys or providing
overly-revealing hints with other users (except for authorized members
of your designated team, as applicable) is cheating, as is being
directly assisted by outside personnel (except for authorized members of
your designated team, as applicable).
Using tools from the internet is
OK.
asking people on the internet to help solve the problem is not.
We
encourage users to solve challenges in novel and creative ways using all
available resources, but we do require that users solve the problems
themselves.</p>
<p>You acknowledge and understand that CMU may or may not pre-screen
Content, but that CMU and its designees shall have the right (but not
the obligation) in their sole discretion to pre-screen, refuse, or move
any Content for any reason, including for example, content that is
available via the Service.
Without limiting the foregoing, CMU and its
designees shall have the right to remove any Content that violates this
TOU or is otherwise objectionable to CMU.
You agree that you must
evaluate, and bear all risks associated with the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such Content.</p>
<p>You acknowledge, consent and agree that, to the maximum extent permitted
under applicable law, CMU has the right to access, preserve and disclose
your account information and Content if required to do so by law or in a
good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process.
(b) enforce
these TOU.
(c) respond to claims that any Content violates the rights of
third parties.
(d) respond to your requests for assistance.
or (e)
protect the rights, property or personal safety of CMU, its users and/or
the public.
Further, CMU reserves the right to cooperate with legitimate
law enforcement requests for information at its sole discretion.</p>
<p>You understand that the technical processing and transmission of the
Services, including your Content, may involve (a) transmissions over
various networks and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.</p>
<p>You understand that the Service and software embodied within the
Services may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by CMU and/or Content providers who provide Content to the
Services.
You may not attempt to override or circumvent any of the usage
rules embedded into the Services.
Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Services, in whole or in part, is strictly prohibited.
You acknowledge that your account may be subject to features and
practices, such as automatically logging you off after a certain period
of inactivity.</p> Termination of Your Account by CMU.
<p>You agree that CMU, under certain circumstances and without prior
notice, may immediately terminate your account (or student accounts
created by you using the teacher batch registration feature, if
applicable) and access to the Services.
Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the TOU or
other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material
modification to the Services (or any part thereof), (e) unexpected
technical or security issues or problems, (f) extended periods of
inactivity, and/or (g) engagement by you in fraudulent or illegal
activities.
Termination of your account (or student accounts created by
you) includes (a) removal of access to all offerings within the
Services, (b) deletion of your password and all related information,
files and content associated with or inside your account (or any part
thereof), and (c) barring of further use of the Services.
Further, you
agree that all terminations for cause shall be made in CMU’s sole
discretion and that CMU shall not be liable to you or any third party
for any termination of your account or access to the Services.</p> Termination of Your Account by You <p>You may elect to terminate your account (or any student account created
by you using the teacher batch registration feature) by providing notice
to other@picoctf.org .
Following receipt of your notice, CMU will
initiate termination of your account (typically within two business
days).
In addition to your right to terminate, CMU may terminate
accounts as described in these TOU.</p> License to User Content <p>CMU does not claim ownership of User Content that you submit to and/or
make available for inclusion on the Services.
However, with respect to
User Content that you submit to the Services or make available for
inclusion on the Services, you hereby grant CMU a worldwide,
royalty-free, non-exclusive perpetual, irrevocable and fully
sub-licensable license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such User
Content (in whole or in part) and to incorporate such User Content into
other works in any format or medium now known or later developed.
You
agree never to sue CMU for use of said User Content.</p> Disclaimer of Warranties <p>THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES
INCLUDED IN THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER.
CMU, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
REPRESENTATIVES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, CONTRACTORS
(INCLUDING THIRD PARTY PROVIDERS) AND SPONSORS (COLLECTIVELY THE
“PICOCTF PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY
LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION: THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.
ANY WARRANTIES
FOR ANY GOODS, INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES
REGARDLESS OF SOURCE (INCLUDING BUT NOT LIMITED TO ANY GOODS OR
INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE
SERVICES).</p>
<p>YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL
OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION.</p> LIMITATION OF LIABILITY.
LIMITATION ON DAMAGES <p>UNDER NO CIRCUMSTANCES SHALL CMU OR ANY PICOCTF PARTIES BE LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE
SERVICES ARISING FROM ANY CLAIM RELATING TO THESE TOU OR THE SUBJECT
MATTER HEREOF.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND
PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF CMU AND/OR THE PICOCTF
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN
ADDITION, IN NO EVENT SHALL CMU OR ANY PICOCTF PARTIES BE LIABLE FOR
DIRECT DAMAGES RELATING TO THESE TOU OR THE SUBJECT MATTER HEREOF IN AN
AMOUNT MORE THAN ONE HUNDRED U.S.
DOLLARS ($100.00) IN THE AGGREGATE.
SUCH LIMITATIONS OF LIABILITY AND DAMAGES SHALL APPLY WHETHER THE
LIABILITY AND DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES).
THESE LIMITATIONS ON LIABILITY AND DAMAGES
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS, INFORMATION OR ADVICE RECEIVED THROUGH OR REFERENCED
ON THE SERVICE, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
THESE LIMITATIONS ON LIABILITY AND DAMAGES SHALL ALSO APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS, OR LOST DATA.
SUCH LIMITATION SHALL FURTHER APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY
INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN
ANY WAY TO, THE SERVICES.
SUCH LIMITATIONS ON LIABILITY AND DAMAGES
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES
OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no
circumstances shall CMU or any PicoCTF Parties be liable for any delay
or failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning.</p> Hold Harmless and Indemnity <p>You agree to hold harmless and indemnify CMU and the PicoCTF Parties
from and against any claim arising from or in any way related to your
use of the Services, including without limitation any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise make
available through the Services, your use of the Services, your
connection to the Services, your violation of this TOU, or your
violation of any rights of another.
The foregoing includes, without
limitation, indemnity for any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature.
In such
a case, CMU will provide you with written notice of such claim, suit or
action.</p> Digital Millennium Copyright Act <p>CMU respects the intellectual property rights of others and endeavors to
comply with all applicable US laws regarding intellectual property.
Accordingly, it is our policy to respond to notices of alleged
infringement that comply with the Digital Millennium Copyright Act
(“DMCA”).
To file a notice of infringement with us, please provide a
written communication that meets the required criteria of the DMCA to
CMU's Registered Copyright Agent via regular mail or email:</p>
<code>Carnegie Mellon University
Information Security Office
Computing Services 5000 Forbes Ave
Pittsburgh, PA 15213 Phone: 412-268-2044
Email: <dmca@andrew.cmu.edu>.
</code> Miscellaneous <p>If any provision of these TOU is held to be invalid or unenforceable,
such provision shall be deemed superseded by a valid enforceable
provision that most closely matches the intent of the original provision
and the remaining provisions shall be enforced.
CMU’s failure to act
with respect to a breach by you or others does not waive CMU’s right to
act with respect to subsequent or similar breaches.
The failure of CMU
to exercise or enforce any right or provision of these TOU shall not
constitute a waiver of such right or provision.
The section headings and
subheadings contained in these TOU are included for convenience only,
and shall not limit or otherwise affect the terms of these TOU.
These
TOU shall be interpreted in accordance with the laws of the Commonwealth
of Pennsylvania without regard to its conflicts of laws provisions.
All
claims and/or controversies of every kind and nature arising out of or
relating to these TOU, including any questions concerning its existence,
negotiation, validity, meaning, performance, non-performance, breach,
continuance or termination shall be settled (1) at CMU’s election, by
binding arbitration administered by the American Arbitration Association
("AAA") in accordance with its Commercial Arbitration Rules and, in
such case (a) the arbitration proceedings shall be conducted before a
panel of three arbitrators, with each party selecting one disinterested
arbitrator from a list submitted by the AAA and the two disinterested
arbitrators selecting a third arbitrator from the list, (b) each party
shall bear its own costs of arbitration, (c) all arbitration hearings
shall be conducted in the English language in Allegheny County,
Pennsylvania, and (d) the provisions hereof shall be a complete defense
to any suit, action or proceeding instituted in any Federal, state or
local court or before any administrative tribunal with respect to any
claim or controversy arising out of or relating to this TOU and which is
arbitrable as provided in this TOU, provided that either party may seek
injunctive relief in a court of law or equity to assert, protect or
enforce its rights hereunder, or (2) in the event that CMU does not
elect binding arbitration as permitted in point (1) above, exclusively
in the United States District Court for the Western District of
Pennsylvania (or, if such Court does not have jurisdiction, in any court
of general jurisdiction in Allegheny County, Pennsylvania) and each
party consents to the exclusive jurisdiction of any such courts and
waives any objection which such party may have to the laying of venue in
any such courts.</p>
<p>Notwithstanding any provision hereof, for all purposes of these TOU each
party shall be and act as an independent contractor and not as partner,
joint venture, agent, employee or employer of the other and shall not
bind nor attempt to bind the other to any contract.
You agree that,
except as otherwise expressly provided in these TOU, there shall be no
third-party beneficiaries to these TOU.</p> Disclaimer of Endorsement <p>References in these TOU and/or in the Services to any specific
commercial products, process, or service by trade name, trademark,
manufacturer, or otherwise, do not necessarily constitute or imply its
endorsement, recommendation, or favoring by CMU.</p>
<p>
<strong>Contact</strong>
</p>
<p>If you have a question about the Services , please contact CMU via email
at other@picoctf.org or mail at</p>
<code>5000 Forbes Avenue
Pittsburgh, PA 15213
</code>
<p>Effective Date: December, 4, 2020</p>