Revision Date: 8 June 2009
SUMMARY OF IMPORTANT LEGAL INFORMATION
The isacamalaysia.org / isaca.org.my web site (the “Site”)
is produced by the Malaysia Chapter of the
Information Systems Audit and Control Association®
(ISACA®) (“Site Owner”). All
use of the Site is subject to the Terms and
Conditions set forth below. By entering and
using the Site, you acknowledge that you have
read and understood such Terms and Conditions
and that you agree to abide by them. Also,
you agree that Site Owner may use information
that you supply to it in any manner consistent
with the Privacy Policy set forth herein.
Site Owner does not endorse, guarantee,
warrant, or recommend any products or services
advertised on the Site, via site portals,
linked from the Site, or provided by our
Sponsors.
Site Owner, its affiliates and their respective
licensors retain all copyrights and other
proprietary rights in or relating to any
content, including any software, provided
on the Site. Except for downloading and
printing a small number of copies of the
content for your personal use only, you
may not sell, transfer, reproduce, transmit,
distribute, perform or display such content
without the express consent of Site Owner.
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF
USE (THE “CONDITIONS”) CAREFULLY
BEFORE USING THIS SITE. By using the Site,
you signify your understanding of and agreement
to these Terms and Conditions and Site Owner’s
Privacy Policy. Site Owner may revise and
update the Terms and Conditions or Privacy
Policy at any time. Please periodically
review the Terms and Conditions and the
Privacy Policy posted at the Site because
your continued usage of the Site will mean
that you accept those changes.
Section 1. Registration.
You may provide personal information to Site
Owner through the Site regarding your membership.
By using the Site you agree that all information
provided by you to Site Owner, is current,
complete and accurate.
Section
2. General Information.
a. Site Owner. The Information
Systems Audit and Control Association®
(ISACA®) is a recognized global leader
in IT governance, control and assurance.
Founded in 1969, ISACA sponsors international
conferences, training events and a global
knowledge network (K-NET®), administers
the globally respected Certified Information
Systems Auditor® (CISA™) designation
earned by more than 48,000 professionals
worldwide and the new Certified Information
Security Manager® (CISM®) designation,
and develops globally applicable information
systems (IS) auditing and control standards.
The IT Governance Institute®, established
by the association in 1998, undertakes leading-edge
research in support of the profession and
assists enterprise leaders in their responsibility
to make IT successful in supporting the
enterprise's mission and goals.
b. Site Owner Sponsors.
Site Owner has agreements with various entities,
which we call our "Sponsors".
Our relationships with Sponsors are based
on a variety of factors, which may include
offering exclusivity in a particular region
based on a first-come, first-contracted
response.
SITE Owner DOES NOT ENDORSE, GUARANTEE,
WARRANT, OR RECOMMEND THE PRODUCTS OR SERVICES
OUR SPONSORS MAY ADVERTISE. FURTHER, WE
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
THE TYPE OF SERVICES, QUALITY OF CARE, SOURCE
OF PAYMENT OR BILLING PRACTICES OF OUR SPONSORS.
WE ALSO DO NOT VERIFY THE LICENSES, ACCREDITATIONS,
CERTIFICATIONS OR OTHER CREDENTIALS OF ANY
SPONSOR OR ITS EMPLOYEES, REPRESENTATIVES,
OR AGENTS.
c. Site Owner Portal Service Providers.
Site Owner has agreements with
various entities, which we call our "Service
Providers". Our relationships with
Service Providers are based on a variety
of factors, which may include offering exclusivity
in a particular region based on a first-come,
first-contracted response.
SITE Owner DOES NOT ENDORSE, GUARANTEE,
WARRANT, OR RECOMMEND THE PRODUCTS OR SERVICES
OUR SERVICE PROVIDERS MAY ADVERTISE. FURTHER,
WE MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THE TYPE OF SERVICES, QUALITY OF CARE,
SOURCE OF PAYMENT OR BILLING PRACTICES OF
OUR SERVICE PROVIDERS. WE ALSO DO NOT VERIFY
THE LICENSES, ACCREDITATIONS, CERTIFICATIONS
OR OTHER CREDENTIALS OF ANY SERVICE PROVIDER
OR ITS EMPLOYEES, REPRESENTATIVES, OR AGENTS.
d. Your Information. The
information you provide may be personal
in nature. Such information will be treated
as private and confidential, as discussed
below in our Privacy Policy. Site Owner
does not sell personal information collected
through the Site, but we may provide general
aggregate information -- without personal
identifiers -- about our users to our Sponsors.
If you indicate that you wish information
about or from a Sponsor, or to be contacted
by a Sponsor, your contact information is
passed along to the Sponsor.
WE WILL SHARE YOUR INDIVIDUAL DATA WITH
A SPONSOR OR ITS AGENT ONLY IF YOU HAVE
AUTHORIZED SUCH SHARING.
While Site Owner attempts to prevent unauthorized
persons from accessing our files or tampering
with our site by providing password security,
we cannot guarantee that these efforts will
always be successful. Site Owner shall have
the right to use in books, articles, commentaries,
research or similar ways any questions,
comments, or other information -- without
personal identifiers -- submitted by users.
e. Site Owner Information. Site
Owner strives to be a valuable resource
of timely information for our users. We
cannot ensure that information we provide
is exhaustive or complete on every subject
or that it will necessarily include all
of the most recent information available
on a particular topic. This information
is of a general nature and we urge you to
use your own professional judgment, or obtain
professional advice before applying it.
f. Information from Others.
Site Owner may include or provide links
and portals to other web sites on the Internet
including, but not limited to, links to
Sponsors' web sites. These other web sites
may provide opinions, recommendations, or
other information from various individuals,
organizations or companies.
IN PROVIDING SUCH LINKS AND PORTALS, Site
Owner DOES NOT INVESTIGATE THE CONTENT OF
SUCH INFORMATION. Site Owner DOES NOT ENDORSE,
GUARANTEE, WARRANT, OR RECOMMEND THE ACCURACY
OF SUCH INFORMATION OR NECESSARILY SUBSCRIBE
TO ANY SUCH OPINIONS OR RECOMMENDATIONS.
FURTHER, TO THE EXTENT THAT YOU MAKE USE
OF ANY LINK TO ANY OTHER WEB SITE ON THE
INTERNET, THE DISCLOSURE, REPRODUCTION,
SALE OR DISTRIBUTION OF INFORMATION CONTAINED
THEREON MAY BE PROHIBITED.
Section 3.
Restrictions on the Use of the Site Owner
Site.
a. Copyright and Trademarks.
The names "Information Systems Audit
and Control Association", "IT
Governance Institute", “Information
Systems Audit and Control Foundation”,
“ISACA”, “CISA”,
“CISM”, “ISACF”,
“ITGI”, “isaca.org”,
"itgi.org" and any other marks
or associated logos proprietary to the Information
Systems Audit and Control Association.
The contents of the Site, including but
not limited to text, graphics, images and
software (“Content”), are protected
by copyright under both United States and
other national laws, and Site Owner retains
all right, title and interest in and to
the Content, all copies thereof, and all
copyrights and other proprietary rights
therein.
Upon acceptance of these Terms and Conditions,
Site Owner authorizes you to view, download
and print a small number of copies of the
material on the Site solely for your personal,
noncommercial use. You may not modify, sell,
assign, or transfer the Content or reproduce,
display, publicly perform, distribute or
otherwise use the Content in any way for
any public or commercial purpose or otherwise
except as expressly permitted herein. You
may not reverse-engineer, disassemble or
decompile, any software included in the
Content. Content is subject to change without
notice at the editorial discretion of Site
Owner.
b. Use of Interactive Areas.
Site Owner may provide interactive forums,
chat rooms, news groups, bulletin boards
and other interactive areas (“Interactive
Areas”) on the Site. If you use any
of the Interactive Areas, you are solely
responsible for your own communications
and the consequences of posting those communications.
Site Owner does not assume any responsibility
for the truthfulness, accuracy or reliability
of any material posted on any Interactive
Area, or for consequences of any Interactive
Area communications on or arising from use
of the Site. IN CASES WHERE YOU FEEL THREATENED
OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU
SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT
AGENCY IMMEDIATELY.
In consideration of being allowed to use
the Interactive Areas, you agree not to
engage in the following activities:
| 1. |
Using an Interactive Area
for any purpose in violation of local,
state, national, or international laws;
|
| 2. |
Posting material that infringes on
the intellectual property rights of
others or on the privacy or publicity
rights of others; |
| 3. |
Posting material that is unlawful,
obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to
another user or any other person or
entity as determined by Site Owner at
its sole discretion; |
| 4. |
Posting material that contains any
virus, worm, Trojan horse or other code
which may contaminate or destroy the
files or programs of Site Owner or its
users; |
| 5. |
Posting advertisements or solicitations
of business; |
| 6. |
After receiving a warning, continuing
to disrupt the normal flow of dialogue,
or post comments that are not related
to the topic being discussed (unless
it is clear the discussion is free form);
|
| 7. |
Posting chain letters or pyramid schemes;
|
| 8. |
Impersonating another person; |
| 9. |
Allowing any other person or entity
to use your identification to post or
view comments; |
| 10. |
Posting the same note more than once
(i.e., “spamming"); or |
| 11. |
Engaging in any other conduct that
restricts or inhibits any other person
from using or enjoying the Interactive
Areas, or which, in the judgment of
Site Owner, exposes Site Owner or any
of its users or Sponsors to any liability
or detriment of any type. |
Site Owner reserves the right to record
the dialogue in public chat rooms. Site
Owner does not screen communications in
advance and is not responsible for screening
or monitoring material posted by users,
or any other person or entity. If notified
by you of communication(s) which are alleged
not to conform to the terms of this Section,
Site Owner may investigate the allegation
and determine in its sole discretion to
remove or request the removal of the communication(s).
Site Owner reserves the right (but has no
obligation) to remove or edit communications
which are abusive, illegal, disruptive,
or that otherwise fail to conform with these
Conditions. In addition to the removal rights
described above, Site Owner reserves the
right to terminate your access to any or
all Interactive Areas at any time, with
or without notice, in the exercise of its
sole discretion.
Site Owner reserves the right (but is not
obligated) to monitor, edit, or disclose
any posting on the Interactive Areas for
lack of adherence to the Terms and Conditions,
if required in the course of normal operation
and maintenance of the Site, or if required
to do so by law or in the good-faith belief
that such action is necessary to: (i) comply
with the law or comply with legal process
served; (ii) protect and defend the rights
of Site Owner or others; or (iii) protect
the personal safety of our users, Sponsors,
or the public. Site Owner HAS NO LIABILITY
OR RESPONSIBILITY TO USERS OR ANY OTHER
PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE
OF THE AFOREMENTIONED SCREENING ACTIVITIES.
c. Links and Portals to Other Sites;
Advertisements. The Site contains
links and portals to third-party web sites.
These links and portals are provided solely
as a convenience to you and not as an endorsement
or recommendation by Site Owner of the content
on such third-party web sites or as an indication
of any affiliation, sponsorship or endorsement
of or by such third party web sites. Site
Owner is not responsible for the content
of third-party sites and does not make any
representations regarding the privacy practices
of, or the content or accuracy of materials
on, such third-party web sites. If you decide
to access third-party web sites, you do
so at your own risk. Your use of third-party
web sites is subject to the terms of use
for such sites.
THE SITE ALSO CONTAINS ADVERTISEMENTS BY
THIRD PARTIES. SITE Owner MAY RECEIVE ROYALTIES
FROM SUCH ADVERTISERS. SITE Owner DOES NOT
ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND
ANY PRODUCTS OR SERVICES CONTAINED IN ADVERTISEMENTS.
d. Your Submissions. Except
as described herein, any communication which
you post on the Site is considered to be
non-confidential. You agree that you will
not upload or transmit any communications
that infringe or violate any patent, trademark,
trade secret, copyright or other proprietary
rights of any party, or that are defamatory,
or that violate any party’s privacy
or publicity rights. By submitting communications
to any part of this Site, you automatically
grant, or warrant that the owner of such
content has expressly granted, to Site Owner
a royalty-free, perpetual, irrevocable,
worldwide, nonexclusive license to use,
reproduce, create derivative works from,
modify, publish, edit, translate, distribute,
perform, and display the communication (or
any derivative work based thereof) alone
or as part of other works in any form, media,
or technology whether now known or hereafter
developed, and to sublicense such rights
through multiple tiers of sublicenses.
e. Parental Permission. Site
Owner does not intend that children will
use the Site. Some of the information available
on the Site may not be appropriate for children.
USERS UNDER 18 YEARS OF AGE MUST OBTAIN
PARENTAL PERMISSION TO USE THE SITE. Adults
should not assist unauthorized children
to access the Site.
f. Indemnification. You
agree to defend, indemnify and hold Site
Owner, its officers, directors, employees,
agents, licensors and suppliers, harmless
from and against any claims, actions or
demands, liabilities and settlements including
without limitation, reasonable legal and
accounting fees, resulting from, or alleged
to result from, your use of the Site in
a manner that violates or is alleged to
violate these Conditions.
Section 4. Site
Owner Privacy Policy.
Site Owner believes the privacy and confidentiality
of an individual’s personal information
is important. We provide the following privacy
policy (the “Privacy Policy”)
in order to demonstrate our firm commitment
to privacy. Site Owner may need to change
this Privacy Policy from time to time in
order to address new issues and to reflect
changes on our Site. Please refer back to
this Privacy Policy regularly because your
use of the Site signifies that you agree
to be bound by the terms and conditions
of this Privacy Policy, as amended from
time to time.
a. Collection of Personally Identifiable
Information. Site Owner collects
personally identifiable information about
you only when you voluntarily provide such
information. (Personally identifiable information
is any information that can be used to identify
or contact a specific individual and any
other information about that individual.)
b. Use of Personally Identifiable
Information. Site Owner will not
sell or otherwise transfer or disclose personally
identifiable information to third parties
not affiliated with Site Owner without the
your prior consent (except as may be required
by law, such as a court-ordered subpoena,
search warrant, or other court order; or
required by exigent circumstances). That
means that Site Owner will never disclose
your name, e-mail address, street address
or phone number to third parties not Affiliated
with Site Owner without your consent. We
may use your personally identifiable information
only to tailor your experience at our Site,
and to compile and display content and information
that we think you might be interested in
and to display content according to such
preferences.
Site Owner also may use your profile information
on an aggregate basis – without personal
identifiers -- to provide our editors with
information that is useful in developing
new features and content for the Site, and
to provide Sponsors and others with aggregate
information about our users and the usage
patterns of the Site.
Site Owner reserves the right to share your
information with organizations affiliated
with Site Owner (i.e., chapters, the IT
Governance Institute) without your permission.
Site Owner reserves the right to perform
statistical analyses of user behavior (on
an aggregate basis) in order to measure
interest in and use of the various areas
of the Site and to inform Sponsors of such
information.
Site Owner may permit third parties to
offer subscription and/or registration-based
services through the Site. In this event,
Site Owner is not responsible for any actions
or policies of such third parties and users
should check the applicable privacy policy
of such party before providing personally
identifiable information.
c. Voluntary Disclosure of Personally
Identifiable Information on Bulletin Boards,
News Groups and Chat Rooms, and other Interactive
Areas (collectively "Interactive Areas").
Users should be aware that when
they voluntarily disclose personally identifiable
information (for example, user name, e-mail
address) on an Interactive Area of the Site,
that information, along with any substantive
information disclosed in your communication,
can be collected and correlated and used
by third parties and may result in unsolicited
messages from third parties. Such activities
are beyond the control of Site Owner and
Site Owner makes no warranties about the
discoverability of your identity by methods
beyond our control.
d. Cookie Technology. Site
Owner collects non-personal identification
information through the use of “cookie”
technology and/or Internet Protocol (“IP”)
address tracking. Cookies are small text
files a web site can use to recognize repeat
users and facilitate the user’s ongoing
access to and use of the site. Non-personal
identification information might include
the browser used by you, the type of computer,
the operating systems, the Internet service
providers and other similar information.
The Site Owner system also automatically
gathers information about the areas you
visit on the Site and about the links you
may select from within the Site to other
sites.
Site Owner cannot control the use
of cookies by advertisers or third parties
displaying data on the Site or on the sites
you visit using links from the Site. Most
browsers are set to accept cookies. You
can set yours to refuse cookies, or to alert
you when cookies are being sent.
e. Links to other Sites.
Users will find advertising or other content
on the Site that enable linking to the sites
of Site Owner’s advertisers, Sponsors
and other third parties. These third party
sites may have their own privacy policies
or no policy at all. Site Owner’s
Privacy Policy does not apply to such other
sites. Site Owner has no control over the
content displayed on such sites, nor over
the measures, if any, that are taken by
such sites to protect the privacy of your
information.
Section
5. Disclaimers And Other Information
a. INFORMATION SUPPLIED BY SITE Owner IS
PROVIDED "AS IS" AND NEITHER SITE
Owner NOR ANY OF ITS AGENTS, EMPLOYEES OR
REPRESENTATIVES MAKE ANY REPRESENTATION
OR WARRANTY WITH RESPECT TO THE CONTENTS
OF THE SITE OR INFORMATION FURNISHED BY
THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES
AND SPECIFICALLY DISCLAIM TO THE FULLEST
EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT,
OR FITNESS FOR ANY PARTICULAR USE, APPLICATION
OR PURPOSE.
b. BY ENTERING THE SITE YOU HEREBY EXPRESSLY
AGREE THAT Site Owner, AND ITS OFFICERS,
DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT
BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS,
DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE,
AS A RESULT OF YOUR USE OF THE SITE OR ANY
INFORMATION YOU OBTAIN ON IT OR ANY OTHER
INTERACTION WITH SITE Owner. IN DOING SO,
YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY
AND UNEQUIVOCALLY ANY LIABILITY OF SITE
Owner.
c. Site Owner does not make any representation
or warranty concerning errors, omissions,
delays or other defects in the information
supplied to users, or that its files are
free of viruses, worms, Trojan horses or
other codes that include or manifest contaminating
or destructive characteristics.
d. With respect to communications to Site
Owner, Site Owner does not guarantee that
it will respond to all inquiries.
e. Site Owner is not responsible for your
classification of contributions, dues or
gifts for tax purposes.
f. If any clause or provision set forth
above is determined to be illegal, invalid
or unenforceable under present or future
law, then, in that event the clause or provision
so determined to be illegal, invalid or
unenforceable shall be severable without
affecting the enforceability of all remaining
clauses or provisions.
g. The application of these provisions,
disclosures and disclaimers and all other
matters arising from your use of this Site
or of any information you obtain from Site
Owner shall be governed by the laws of the
United States of America and the State of
Colorado. Any claims, disputes or other
controversies relating to or arising from
these provisions, disclosures and disclaimers
or from your use of this Site or any information
you receive from Site Owner shall be brought
exclusively in the United States District
Court for the District of Colorado and you
hereby expressly consent to the exercise
of jurisdiction over you by such courts.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS,
DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE
ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT
TO FOLLOW AND BE BOUND BY THEM IS NOT THE
RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE
EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
SITE OWNER MAKES NO REPRESENTATIONS, PROMISES,
WARRANTIES OR UNDERTAKINGS CONTRARY TO THOSE
SET FORTH ABOVE.
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