ATTENTION PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE AND DOWNLOADING ANY CONTENT. IF YOU USE THE SITE OR DOWNLOAD CONTENT YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS.
If you are under 18, you must have your parent or guardian’s permission before you use our Sites or download Content. In an effort to comply with the Children’s Online Privacy Protection Act, we will not knowingly collect personally identifiable information from children under the age of 13.
This Agreement may be modified by us from time to time. If you breach any term in this Agreement your right to use the Sites and Content will terminate automatically.
This license will immediately terminate if you violate any provision of this Agreement. We may also terminate this license at any time without notice.
We own all intellectual property rights in and to the Content. This license is not a sale and does not render you the owner of a copy of the Content. Ownership of the Content and all components and copies thereof will at all times remain with us, regardless of who may be deemed the owner of the tangible media on which the Content is copied, encoded or otherwise fixed.
Disclaimer of Warranties
WE PROVIDE ALL CONTENT "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. ALL SITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT ANY PART OF THE CONTENT NOR DO WE REPRESENT THE CONTENT WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU.
IF YOU ARE DISSATISFIED WITH THE SITES, THE CONTENT OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND CONTENT.
Limitations of Liability
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED ONE DOLLAR (US$1.00). BY INSTALLING OR USING THE CONTENT, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.
Waiver of Claims and Indemnification
Effect of Agreement, Survival of Terms
This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No third party beneficiaries are intended or created by virtue of this Agreement. This Agreement does not create a partnership, joint venture or agency relationship between the parties. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will survive. You acknowledge that you have not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Correction of Errors and Inaccuracies
This Agreement, the Content, and Sites may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement, the Content or Sites at any time without prior notice. We do not however, guarantee that any errors, inaccuracies or omissions will be corrected.
Definition of Terms
Offers include e-mail, promotions, advertisements contests and third-party software presented by our Partners and us.
Personally Identifiable Information (PII) is any information that identifies or could be used to identify, contact or locate you. It also includes your credit card number.
Partner is an advertiser, or other entity with whom we have a business relationship to provide Offers.
Content includes, but is not limited to, our software.
User means an individual that has accessed the Sites on which we host our Products or Services.
We, Us and Our refers to Devstorm and its subsidiaries.
You and Your refer to each user and his or her agents.