Terms of Use

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PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). THESE WEB SITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

MediaWorks 7, LLC (“MW7″) operates the Website located at DevSlide.com to provide online access to information about DevSlide and the products, services, and opportunities we provide (the “Service”). By accessing and using this Website, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the DevSlide Website and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

DevSlide reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the DevSlide Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

Use of Website

You may use the Service, the DevSlide Website, and the information, software, writings, images and/or other works that you see, hear or otherwise experience on the DevSlide Website (singly or collectively, the “Content” and/or “Materials”) solely for your non-commercial, personal purposes and/or to learn about DevSlide products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. DevSlide reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the DevSlide Website or the Service, except as expressly permitted by the Terms of Use. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and DevSlide, MediaWorks 7, LLC owns the DevSlide Website. The DevSlide Website is protected under United States and international copyright laws. Any unauthorized use of the DevSlide Website may violate copyright, trademark, and other laws.

Access

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the DevSlide Website and for paying all charges related thereto. When you register to open an account anywhere on the DevSlide Website, or when you contact DevSlide through the DevSlide Website for the purpose of receiving products or services, DevSlide may collect certain personal information about you. DevSlide use of such information is governed by the provisions of the DevSlide Online Privacy Statement for the DevSlide Website. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your DevSlide Website account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your DevSlide Website password and you are solely responsible for all activities that occur under your password. You agree to notify DevSlide immediately of any unauthorized use of your password or any other breach of security related to the DevSlide Website. DevSlide reserves the right to require you to change your password if DevSlide believes that your password no longer is secure. Access to DevSlide Website granted under other separately executed agreements by DevSlide and You shall supersede the terms contained in this Section.

Prohibited Uses

You agree not to use the DevSlide Website (including, without limitation, any Materials, Content or Services you may obtain through your use of the DevSlide Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the DevSlide Website or servers or networks connected to the DevSlide Website. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the DevSlide Website; or (y) attempt to gain unauthorized access to any portion of the DevSlide Website or any other accounts, computer systems, or networks connected to the DevSlide Website, whether through hacking, password mining, or any other means.

Copyright

The Website and the Content are protected by U.S. and/or foreign copyright laws, and belong to DevSlide or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by DevSlide and/or MediaWorks 7, LLC or other copyright owners who have authorized their use on the Website. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Website as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by DevSlide, for example in certain password-restricted areas of the DevSlide Website). With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the DevSlide Website.

Termination

You agree that DevSlide, in its sole discretion, may terminate or suspend Your use of the Website, the DevSlide Software, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the DevSlide Software, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that DevSlide shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the DevSlide Software, Information and/or the Services.

Disclaimers of Warranties

DEVSLIDE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. DEVSLIDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. DEVSLIDE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. DEVSLIDE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

IN NO EVENT WILL DEVSLIDE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF DEVSLIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DEVSLIDE LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any DevSlide Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the DevSlide Party liability shall be the minimum permitted under such applicable law.

User Conduct

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.

User Supplied Information

DevSlide does not want to receive confidential or proprietary information from you via the DevSlide Website. You agree that any material, information, or data you transmit to us or post to the DevSlide Website (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give DevSlide the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

Software, Services or Access Agreements

DevSlide may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to DevSlide Website under the terms of a separate agreement between you and DevSlide (each, an “Other Agreement”). DevSlide obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

Any software available for download via the Website is the copyrighted work of DevSlide and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

For example, the use of any software that is made available to download from the DevSlide Website (“Software”) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.

Links to Third-Party Websites

Links on the Website to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by DevSlide of the third party, the third-party web site, or the information contained therein. DevSlide is not responsible for the availability of any such web sites. DevSlide is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of DevSlide affiliates or service providers, you will leave the Website, and will be subject to the terms of use and privacy policy applicable to those web sites.

Downloading Files: DevSlide cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.

Linking to this Website: You may create links to this Website from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

Absent DevSlide written authorization otherwise, a website that links to this Website:

  1. may link to, but shall not replicate, any Materials (including any DevSlide logo);
  2. shall not create a browser or border environment around any Materials;
  3. shall not imply that DevSlide endorses such website or any products, services, or content available through such website;
  4. shall not misrepresent its relationship with DevSlide;
  5. shall not present false or misleading information about DevSlide, its products, or its services;
  6. shall not contain content that could be construed as distasteful, offensive, or controversial; and
  7. shall contain only content that is appropriate for all age groups.

Trademarks

You are prohibited from using any of the marks or logos appearing throughout the DevSlide Website without permission from the trademark owner, except as permitted by applicable law.

Restrictions on Use of the Website

In addition to other restrictions set forth in these Terms of Use, You agree that:

  1. You shall not disguise the origin of information transmitted through the Website.
  2. You will not place false or misleading information on the Website.
  3. You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by DevSlide.
  4. You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
  5. Certain areas of the Website are restricted to customers of DevSlide.
  6. You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of DevSlide

U.S. Government Restricted Rights

Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software” , or to clauses providing DevSlide equivalent protections in DFARS or other agency specific regulations.

Privacy Policy

The DevSlide Privacy Policy governs the use of information collected from or provided by You at the DevSlide Website. With respect to any individual whose personal information is provided by You to DevSlide, You represent to DevSlide that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the DevSlide Privacy Policy, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

Indemnification

You understand and agree that you are personally responsible for your behavior on the DevSlide Website. You agree to indemnify, defend and hold harmless DevSlide, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys fees, resulting from or arising out of your use, misuse, or inability to use the DevSlide Website, the Service, or the Content, or any violation by you of this Agreement.

Electronic Communications

When you visit the DevSlide Website or send e-mails to DevSlide, you are communicating with DevSlide electronically. We may respond to you by e-mail or by posting notices on the DevSlide Website. You agree that all such notices, disclosures, and other communications that DevSlide provides to you electronically satisfy any legal requirement that such communications be in writing.

General Provisions

These Terms, together with any additional terms to which you agree when using particular elements of the DevSlide Website, constitute the entire and exclusive and final statement of the agreement between you and DevSlide with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and DevSlide with respect to such subject matter. The DevSlide Parties are third party beneficiaries with respect to the provisions in these Terms that reference them.

These Terms and the relationship between you and DevSlide shall be governed by the laws of the State of Ohio as applied to agreements made, entered into, and performed entirely in Ohio by Ohio residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the DevSlide Website shall be brought in the Federal or State courts located in Franklin County, Ohio , and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of DevSlide to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of DevSlide and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the DevSlide Website. These Terms will be interpreted without application of any strict construction in favor of or against you or DevSlide. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DevSlide without restriction.

Entire Agreement/No Waiver: These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by DevSlide of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies: The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. DevSlide therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. DevSlide does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/ Choice of Law/ Choice of Forum: If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, DevSlide Privacy Policy, your use of the DevSlide Website, any other DevSlide Website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Ohio, without regard to any conflict of laws provisions.

Claims of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.

Modifications to These Terms

DevSlide may, in its sole and absolute discretion, change these Terms from time to time. DevSlide will post notice of such changes on the applicable Website. If you object to any such changes, your sole recourse shall be to cease using the DevSlide Website. Continued use of the DevSlide Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the DevSlide Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.

DevSlide may revise and update these Terms of Use at any time. Your continued usage of the DevSlide Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the DevSlide Website may be changed, supplemented, deleted or updated without notice at the sole discretion of DevSlide. DevSlide may also change or impose fees for products and services provided through the DevSlide Website at any time in its sole discretion. DevSlide may establish or change, at any time, general practices and limits concerning other DevSlide products and services in its sole discretion.

Revised February 2010