Please Read Carefully Prior To Using This Website
I. Acceptance of Terms and Conditions
Use of this Devfarm Software (“Devfarm”) Website (this “Website”) are
governed by the terms and conditions below. These terms and conditions
are legally binding on all users of this Website. By accessing this
Website, you (“User”) agree to abide by these terms and conditions. If
you as the User of this Website do not agree with any of these terms and
conditions please do not use this Website, because by using the Website
you will be deemed to have irrevocably agreed to these terms and
conditions.
II. Intellectual Property Rights
1. Ownership
All content, text, images, data, information and other material
displayed, available or present on this Website (“Content”), including
any intellectual property rights in such Content (including without
limitation trademarks and copyrights) (hereinafter “Intellectual
Property Rights”), are the property of Devfarm, its affiliates, its
licensors or the designated owners, and are protected by applicable
intellectual property laws. User should assume that everything User sees
or reads on this Website is copyrighted unless otherwise noted, and may
not be used without the written permission of Devfarm except as
provided in these terms and conditions.
2. Authorized and Prohibited Uses
User may access, use and display this Website on a single computer only
and download and print copies of the Content only for non-commercial,
informational, personal use, without modification or alteration in any
way, and only so long as User complies with these terms and conditions
and applicable laws. User may not otherwise reproduce, sell, publish,
distribute, modify, display, or use any of this Website or the Content
without the prior written permission of Devfarm; provided, however, if
the functionality of the Website permits the e-mailing of certain
Content or a link through the use of an “e-mail to a friend” (or
similar) icon, User may send that particular Content or link to others
by e-mail, as indicated. User will not infringe upon any Intellectual
Property Rights or remove or modify related proprietary notices
contained in this Website or the Content.
3. Registration and Passwords
Devfarm may or may not at times require a User to have a password and
provide registration details to access this Website or portions of this
Website. If Devfarm does require a password and registration details, it
shall be a condition of use of this Website that all the details User
provides are correct, current and complete. If Devfarm believes that the
details are not correct, current or complete, Devfarm will have the
right to refuse User access to the Website, or any of its resources, and
to terminate or suspend User’s account, if any. User is responsible for
maintaining the confidentiality of any password(s) User is given to
access this Website, and User is fully responsible for all activities
that occur under User’s password(s). User agrees to notify Devfarm
immediately of any unauthorized use of User's password(s). Devfarm
reserves the absolute right not to issue a password to any person or
entity.
III. Website and Registration Administration
1. Linking
No link shall be made to any page of this Website except a direct link
to the top page (http://www.Devfarm.com/) without framing. In addition,
any link to this Website must be immediately followed by notice to
Devfarm via e-mail at webmaster@Devfarm.com. Moreover, in the event
Devfarm deems User’s linking practices in relation to this Website to be
inappropriate, Devfarm may provide notice to the User concerning
removal or modification of the inappropriate link, and User agrees to
comply with any and all requirements of Devfarm relating thereto. Upon
notification of Devfarm as provided above, User may link to this Website
unless and until Devfarm gives notice that User must discontinue
linking to this Website.
2. Authority of Website Administrator
Devfarm may in its discretion modify, edit, translate, suspend, restrict
access to or terminate this Website, these terms and conditions, the
Content or any link at any time without liability or prior notice.
Devfarm may in its discretion terminate the browsing of, registration
with and use of this Website by any User at any time without liability
or prior notice for any reason, including for any breach of these terms
and conditions.
IV. User Requirements and Obligations
1. Compliance
User will comply with all applicable laws in connection with its use of this Website.
2. Unsuitable Conduct
User will not engage in conduct on or in connection with this Website
that is illegal, misleading, infringing, defamatory, obscene, offensive,
or otherwise objectionable. User will not cause damage, embarrassment
or adverse publicity to Devfarm.
3. User Cooperation and Notification
User will cooperate with all reasonable requests of Devfarm and will
notify Devfarm promptly upon learning of any actual or suspected breach
of these terms and conditions by User or unauthorized use or abuse of
this Website.
4. Third Party Sites and Other Information
As a convenience to User, this Website may contain Content, links, and
other information submitted by third parties over whom Devfarm has no
control or responsibility. Devfarm has no obligation to monitor, control
or restrict the use of this Website, or third party websites accessible
via links on this Website. These other sites are not under the control
of Devfarm, and User acknowledges that (whether or not such sites are
affiliated in any way with Devfarm) Devfarm is not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect
of the content of such sites. The inclusion of such a link does not
imply endorsement of any site by Devfarm or any association with its
operators. Moreover, Devfarm has no obligation to verify any Content
submitted by a user or to provide any registration or other information
to User concerning any Content.
5. Warranty Disclaimers, Limitations on Liability and Remedies
This Website, its Content, and its links are provided on an “as is”
basis and are used only at the sole risk of User, to the fullest extent
permissible by law. DEVFARM disclaims all warranties, express or
implied, of any kind, regarding this Website (including its Content,
hardware, software and links), including ANY IMPLIED WARRANTIES as to
fitness for a particular purpose, merchantability, title,
non-infringement, results, accuracy, completeness, accessibility,
compatibility, security and freedom from computer virus. IF APPLICABLE
LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED
WARRANTIES TO APPLY TO user, THE ABOVE EXCLUSIONS WILL APPLY TO user TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
DEVFARM will not be liable for any damages or losses, including
direct, indirect, consequential, special, incidental or punitive damages
and lost profits, in connection with use of the internet, this Website,
its Content, or its links, however caused, whether in contract, tort,
negligence, strict liability or otherwise, even if DEVFARM has been
advised of the possibility of such damages. DEVFARM will not be a party
to, and will have no responsibility or liability for, any transaction
negotiated or arranged by a User arising in connection with this
Website. In any event, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION
are NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, the maximum liability
of DEVFARM will be limited to, in the sole discretion of DEVFARM,
either the (1) correction or deletion of any inaccurate Content or link;
or (2) refund of any fees for this Website received by DEVFARM from
User.
6. Indemnification
User will defend, indemnify and hold harmless Devfarm and its
affiliates, officers, directors, employees and contractors from any
demands, claims, damages, liabilities, expenses or harms, including
attorneys fees, arising in connection with User's use of this Website,
online conduct, breach of these terms and conditions or dealings or
transactions with other persons resulting from use of this Website.
V. Miscellaneous
1. Separate Terms and Conditions
In connection with User's use of and/or access to Content contained in
certain areas of this Website, it may be necessary for User to consent
to policies or terms and conditions in addition to the terms and
conditions set forth herein, which User should read carefully before
making any use of such Content or areas of this Website. Any such terms
will not vary or replace these terms and conditions regarding any use of
this Website, unless otherwise expressly stated.
2. Privacy Policy
Devfarm is concerned about privacy and has developed a policy to address
privacy concerns. User can find the current privacy policy at
www.Devfarm.com/privacy.html (the “Privacy Policy”). The Privacy Policy
is hereby incorporated into these terms and conditions by reference, and
constitutes a part of these terms and conditions.
3. Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection
with this Website or these terms and conditions (including without
limitation the Privacy Policy), Devfarm and User agree to negotiate in
good faith and undertake reasonable efforts to cooperate with one
another in order to achieve a mutually satisfactory resolution. Devfarm
has no obligation to become involved in any dispute between a User and
any other person. This Website, these terms and conditions and any
dispute arising in connection therewith shall be exclusively governed by
and construed in accordance with the laws of the State of Texas without
regard to its conflict of law principles. Devfarm and User agree that
all disputes arising under this agreement will be settled exclusively
through confidential binding arbitration in [Austin, Texas] or another
forum mutually agreed upon by the parties, pursuant to the Rules of
Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”)
by a sole arbitrator nominated by agreement of the parties and confirmed
in accordance with the said Rules. The arbitrator’s award shall be
binding and may be entered as a judgment in a court of competent
jurisdiction. User agrees that Devfarm is entitled to obtain preliminary
injunctive relief to the extent allowed by law to enforce any of the
terms of these terms and conditions pending a final arbitral decision.
4. Modification of Terms and Conditions, Etc.
These terms and conditions and the Privacy Policy referenced herein
constitute the complete agreement between the parties with respect to
their subject matter and supersede any prior agreement or communication.
These terms and conditions are subject to change from time to time.
Devfarm will endeavor to post a notice of any changes to these terms and
conditions for a period of thirty (30) days following any such
modifications. Therefore, User is advised to review these terms and
conditions occasionally, or at least every thirty (30) days. User's
continued use of this Website subsequent to Devfarm. notice of
modification of these terms and conditions shall constitute User’s
acceptance of the modified terms and conditions. If any term or
provision of these terms and conditions shall be found to be invalid,
illegal or otherwise unenforceable, such finding shall not affect the
other terms or provisions of these terms and conditions, or the whole of
these terms and conditions, but such term or provision shall be deemed
modified to the extent necessary to render such term or provision
enforceable, and the rights and obligations of the parties shall be
construed and enforced accordingly, preserving to the fullest
permissible extent the intent and agreements set forth in these terms
and conditions. User’s obligations pursuant to these terms and
conditions shall survive termination of this Website, any use by User of
this Website, any Content of User on this Website, or these terms and
conditions.
5. Contact Information
If you have any questions regarding these Terms of Use, please contact
Devfarm at webmaster@Devfarm.com. If you have any questions regarding
this Website, please contact Devfarm at webmaster@Devfarm.com.