Your use of the Sites is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage the Sites is a violation of criminal and civil laws. DevShop reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through the Sites any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on the Sites that restricts or inhibits any other user from using or enjoying the Sites by "hacking", "cracking", "spoofing", or defacing any portions of the Sites.
You may not post or transmit through the Sites advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with DevShop and/or the Sites; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Sites or its contents. You may not harvest or collect information about website visitors without their express written consent.
DevShop reserves the right to refuse access and service to anyone posting or publishing such materials without notice or further justification. DevShop reserves the right to reject, remove, or otherwise exclude any such language from use on its Site. Moreover, DevShop reserves the right to prevent any User who is in violation of this policy from making future postings on the Sites.
In order to access some of the Sites and/or services contained therein, you must provide DevShop with certain user account information. You represent and warrant that the information you provide to DevShop is true and accurate. DevShop has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your DevShop passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of password; (2) authorize, monitor, and control access to your DevShop password and account; and (3) promptly inform DevShop of any need to deactivate a password. Your right to use the Sites and Services is non-transferable and any password given to you is non-transferable. You grant DevShop and all other persons or entities involved in the operation of the Sites the right to transmit, monitor, store, retrieve and use your information in connection with the operation of the Sites.
DevShop cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using DevShop tools and services. DevShop is not responsible for any damage or losses caused by unauthorized use of your account. You, however, may be responsible to DevShop for any harm DevShop incurs due to unauthorized use of your DevShop account.
DevShop grants you a personal, non-exclusive, non-transferable, revocable permission to use the Services and Sites. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner provided by the TOU. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Services or Site, in whole or in part.
Your license to use the Services and Site does not grant you the right to re-use content or materials from the Site. Content and materials posted to the Site may be the copyrighted content of other users and you must obtain permission from the owners of any materials before copying, distributing or otherwise using posted materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Services or Sites. You may not access the Services by any means other than through the interface that is provided by DevShop. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Services in an automated manner by use of "spiders", "robots" or otherwise), nor may you use the Services in any manner that could interfere with any other party’s use and enjoyment of the Services. You are not permitted to retrieve and store in electronic or any other form any material part of the database’s underlying Services. All commercial and/or unauthorized use of the Services is strictly prohibited. You agree not to use, sell or resell the Services for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
You grant to DevShop a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of the Services.
The Site and Services remain at all times the sole property of DevShop, LLC, and their use is subject to all copyright and trademark notices. DevShop retains all rights to use the services not expressly granted to you by DevShop under the TOU.
DevShop reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Sites and Services (or any part thereof) with or without notice. You agree that DevShop shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
Consulting and Design services, as well as, Web and Application development require a non-refundable up-front retainer. All other fees are refunded on a case by case basis and are dependent on the signed agreement between DevShop.Info and its Client as well as the progress of the consulting project.
The Sites or Services may provide, or third parties may provide, links to other websites. DevShop has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by DevShop of the website or their entities, products or services.
You agree to indemnify and hold DevShop, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys’ fees and costs of litigation, arising from: (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through the Services; (ii) your use of or reliance on the Sites or Services; (iii) your connection to the Sites or Services; (iv) your violation of the TOU; or (v) your violation of any rights of another party; or (vi) any other damage caused by your use of the Sites or Services.
OUR SITES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITES IS AT YOUR OWN RISK. DEVSHOP MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THE SITES OR ANY CONTENT. DEVSHOP DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVSHOP MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SITES, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITES OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY DEVSHOP AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
The TOU, together with the incorporated Terms of Service constitute the entire agreement between you and DevShop and govern your use of the Services, superseding any prior agreements between you and DevShop. Please note, however, that some Services may have additional or different terms related specifically to such Service only (“Service Terms”). The Service Terms are in addition to the general terms and conditions in the TOU. If there is any conflict between the TOU and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the TOU may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.