We have modified these terms by separating the terms of use applicable to your access to and use of the Site, from the terms of service that apply to you if you have created a Devinepuppy account for using Devinepuppy s cloud-based application integration and data linking technology (the “Service”). The Devinepuppy Terms of Service for the Service are available at the time you create your Devinepuppy account and linked from the Service. Additionally, we have incorporated the Devinepuppy Acceptable Use Policy as part of these Terms of Use, to set clear guidelines regarding acceptable content and uses of the Site.
Welcome to the Devinepuppy website! Please read these Devinepuppy terms of use (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Devinepuppy.com website, the Devinepuppy Community space, other sites and subdomains owned, operated or controlled by us (collectively, the “Site”). Devinepuppy, Inc. is a Delaware corporation and in these Terms of Use, we will reference ourselves as “Devinepuppy” or “we”/“us”. By using the Site, you irrevocably agree to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.
Devinepuppy expressly reserves the right to modify the Terms of Use at any time in its sole discretion by including such alteration and/or modification in these Terms of Use, along with a notice of the effective date of such modified Terms of Use. Any continued use by you of the Site after the posting of such modified Terms of Use shall be deemed to indicate your irrevocable agreement to such modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, please discontinue your access to or use of the Site.
1. Site Content
(a) Devinepuppy Content: The information and materials, including, without limitation, HTML, texts audio, music, videos, photos, graphic, message,s tags, interactive features, white papers, press releases, data sheets, product descriptions, software, code, scripts, data and FAQs and other content (collectively, “Content”) available on the Site, excluding Third Party Content and Your Posts (collectively, “Devinepuppy Content”), are the copyrighted works of Devinepuppy, and Devinepuppy expressly retains all right title and interest in and to the Devinepuppy Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Use, any use of the Devinepuppy Content may violate copyright and/or other applicable laws.
(b) Third Party Content: In addition to Devinepuppy Content, the Site may contain Content provided to Devinepuppy by third parties or posted onto the Site by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.
(c) Limited Site Content License: Devinepuppy grants you the limited, revocable, non-transferable, non-exclusive right to use the Devinepuppy Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site containing Site Content, under the condition that (i) such activity is solely for your personal, education or other noncommercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format. No other use of the Site Content is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark, copyright or any other intellectual property right of Devinepuppy or any third party. All Site Content is provided for informational purposes only.
(d) Monitoring of Site and Site Content: Devinepuppy reserves the right, but does not undertake the obligation, to monitor use of the Site or any Site Content, and to investigate and take appropriate legal action against any party that uses the Site or any Site Content in violation of these Terms of Use, the Devinepuppy Acceptable Use Policy or applicable law. Devinepuppy reserves the right to accept, reject or modify any Site Content or Your Post(s), but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content or Your Post(s).
(f) Copyright Infringement: As a condition of your right to use and access the Site and any Site Content, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Site any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party. If you believe that your copyrighted work has been illegally uploaded or posted on the Site, you may send a written notice to Devinepuppy at [email protected], and Devinepuppy will respond pursuant to its Digital Millennium Copyright Act (“DMCA”) procedure. Devinepuppy’s DMCA procedure is in accordance with that suggested by DMCA, the text of which can be found at the U.S. Copyright Office web sitehttp://www.copyright.gov/legislation/dmca.pdf. Devinepuppy reserves all rights to seek damages and fees associated with infringement and/or fraud.
2. Your Use of the Site and Your Posts
(a) Use of Site: You may access and use the Site and all Site Content only for lawful purposes and only in accordance with these Terms of Use and the Acceptable Use Policy. You acknowledge that you have read, understand and agree to Devinepuppy’s Acceptable Use Policy, which is hereby incorporated into and made a part of these Terms of Use by this reference.
(b) Eligibility: As an express condition of being permitted to access and use the Site, any Site Content and to post, upload or transmit Your Posts, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.
(c) Prohibited Conduct: You agree not to access or use the Site or any Site Content, or post, upload or transmit Your Posts (i) in violation or attempted violation of the Acceptable Use Policy, (ii) to advertise, promote materials or solicitation related to any product or service that is competitive with Devinepuppy products or services; (iii) to transmit or transfer (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws, or (iv) to violate or attempt to violate the security of the Site or Devinepuppy’s system or network security in any way. In addition you may not access or use the Site to post, upload or transmit, or incorporate any financial or medical information of any nature, any sensitive personal information (e.g., government issued numbers, driver’s license numbers, birth dates, personal bank account numbers, passport or visa numbers, credit card numbers, passwords and security credentials), or any special categories of personal data under the European Union General Data Protection Regulation.
(d) Your Posts: The Site may include functionality that permits users to post, upload or transmit Content in a manner that is intended to be viewed by other users (“Your Posts”), including for reviews and in forums (e.g., in the Devinepuppy Community). By submitting Your Posts to the Site, you hereby grant to Devinepuppy a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Posts for any purpose. Devinepuppy may exercise all copyright, publicity and moral rights, in any media, with respect to Your Posts. In addition, you hereby irrevocably represent and warrant to Devinepuppy that (i) you have all necessary power, authority, right, title and/or licenses to grant to Devinepuppy the foregoing right and license, (ii) the posting, submission and display by you of Your Posts on the Site, and the exercise by Devinepuppy of the foregoing license does not and will not violate the Acceptable Use Policy, and (iii) none of Your Posts will constitute obscene, pornographic, indecent, profane or otherwise objectionable material.
(i) Your Use of The Site to Send Communications: You acknowledge that (a) you exclusively are responsible for and control the timing, content, and distribution of all telephonic or electronic communications made or initiated to any person or entity in connection with your use of the Site, and (b) any such communications are made or initiated only as a result of your actions. You further warrant that all telephonic or electronic communications made or initiated in connection with your use of the Site comply with all applicable foreign and US federal or state laws and regulations, including without limitation the Telephone Consumer Protection Act, before you make or initiate any telephonic or electronic communication through the Site.
(j) Export Control: You hereby represent and warrant that (i) you understand and acknowledge that some Site Content may be subject to export, re-export and import restrictions under applicable law, (ii) you will not use the Site or any Site Content in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce, and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.
3. Linked Websites and Services
The Site may contain links to and integrations with third party websites and services, and you agree that Devinepuppy provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that Devinepuppy does not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Site is at your own risk, and Devinepuppy is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Use or the Acceptable Use Policy.
4. LIMITATION OF LIABILITY
(a) Warranty Disclaimer: THE SITE AND SITE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DEVINEPUPPY MAKES NO WARRANTY THAT THE SITE OR SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, RELIABLE, USEFUL OR ACCURATE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, DEVINEPUPPY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE SITE CONTENT RESTS WITH YOU. DEVINEPUPPY AND ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT CONTAINED ON THE SITE. DEVINEPUPPY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
(b) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT DEVINEPUPPY SHALL NOT BE LIABLE TO YOU FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF DEVINEPUPPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
5. Location of the Site and Your Use
Devinepuppy operates or controls the operation of this Site from a cloud service located in the United States. In addition, the Site, Site Content and Your Posts may be accessed, mirrored and/or managed from various locations outside the United States. Devinepuppy makes no representation or warranty that all of the features of this Site, Site Content or Your Posts will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. Additionally, the Site or Site Content may not be helpful or relevant to users located outside the United States. You acknowledge that you are solely responsible for any decision by you to access and use this Site and/or the Site Content, and to post, upload or transmit Your Posts from locations outside the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
6. Notices
If you have a dispute with Devinepuppy, wish to provide a notice under these Terms of Use, the Acceptable Use policy, or become subject to insolvency or other similar legal proceeding.