Terms of Use/User License

Last Updated September 12, 2007

THIS TERMS OF USE/USER LICENSE (THIS “AGREEMENT”) CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DEVBOOK LLC. (“DEVBOOK”). CONTINUED USE OF THE DEVBOOK SERVICE, AS DEFINED BELOW, CONSTITUTES ASSENT TO THE TERMS OF THIS AGREEMENT AS SUCH TERMS MAY BE AMENDED FROM TIME TO TIME. YOUR FAILURE TO ADHERE TO THE TERMS AND OBLIGATIONS INCLUDED HEREIN SHALL CONSTITUTE A BREACH OF THIS AGREEMENT, WHICH MAY RESULT IN PERSONAL LIABILITY FOR YOU UNDER THE INDEMNITY SET FORTH BELOW AND/OR IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND, AT DEVBOOK'S SOLE DISCRETION, THE DELETION OF ALL CONTENT RELATED THERETO.

Devbook is the owner and operator of the website located at http://devbook.com, and any linked pages or applications (the “Devbook Site”), and is the provider of the services which are available to You though Devbook, including Widgets, and applications created by Devbook and available through social networking sites (“SNS Apps”). The availability of any SNS Apps on a social networking site does not indicate any relationship or affiliation between Devbook and such social networking site (the “Devbook Services”).

  1. Eligibility Criteria and Representations. You hereby represent that the following are all true:
    1. You are at least 13 years old, and if You are less than 18 years old, You have the permission of Your parents or legal guardian to use the Devbook Service. (Please be aware that Devbook may create certain areas on the Devbook Site that contain adult or mature content. You must be at least 18 years of age to access and view such areas.) If You are not at least 13 years old, please discontinue using the Devbook Site and the Devbook Services immediately.
    2. You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and
    3. You have the right to display each and every item of content (whether images, links, documents, “Skins”, or files – “content”) which You have released to the Devbook Site, including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon. Your sharing of content constitutes permission for reproduction/printing of such image by any recipient for his or her personal use and by Devbook solely to provide the Devbook Service to You and others, to market the Devbook Service and/or the Devbook Site, and to illustrate the operation of the Devbook Service and/or the Devbook Site. You understand that the Devbook Service may involve the transmission of content over various networks and changes to content to conform and adapt to technical requirements of connecting networks, devices or display media. See also, discussion of “Skins” below.
  2. License Grant.
    1. LICENSE. Subject to the terms of this Agreement, Devbook hereby grants You a limited, non-sublicensable, non-transferable, nonexclusive license to use the software that You have downloaded or are about to download, any software that You have embedded on a third party web site or are about to embed (“Devbook Widgets”), any SNS Apps, and any software running on Devbook's server (“Devbook Software”). You may (and in fact are encouraged to) download, install and/or use the Devbook Software on a single computer or on a website that is operated and maintained by You, or by someone else who has agreed to be bound by this Agreement. As between the parties, title, ownership rights, and intellectual property rights in and to the Devbook Software, and any copies or portions thereof, shall remain in Devbook and its suppliers or licensors. You understand that Devbook may modify or discontinue offering the Devbook Software at any time.
    2. SUPPORT AND UPGRADES. This Agreement does not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Devbook Software (collectively, “Updates”). Devbook, however, may occasionally provide You with automatic Updates to the Devbook Software at its sole discretion (and without any advanced notification to You). Any such Updates for the Devbook Software shall become part of the Devbook Software and subject to this Agreement.
    3. GOVERNMENT USE. If You are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Devbook Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Devbook Software is a “commercial item,” “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the Devbook Software by the Government shall be governed solely by the terms of this Agreement.
  3. Your Obligations. In exchange for Your being able to use the Devbook Software, the Devbook Services and/or the Devbook Site, You agree to be bound by the following obligations:
    1. Registration:
      1. If You choose to register with Devbook, You will provide us with an email address You own and use, a password and a username (“User ID”). You shall be solely responsible for maintaining the confidentiality of Your password. You will also update Your registration information on the Devbook Site from time to time so that it remains true, correct and complete.
      2. You may not:
        1. use a false name or an email address owned or controlled by another person with the intent to impersonate that person or for any other reason;
        2. use as a User ID a name subject to any rights of a person other than Yourself without appropriate authorization; or
        3. otherwise submit false or misleading information to Devbook.
    2. Prohibited Content. You may not (and will not allow any third party to) post or link to any material or content which:
      1. is sexually explicit, profane, libelous, defamatory, obscene, or otherwise violative of any law (each a “Prohibited Posting”), or
      2. constitutes an infringement, misappropriation or violation of the intellectual property, publicity or other proprietary rights of any person or entity (each, an “Infringing Posting”).
    3. No Changes to the Software/Prohibited Uses. You may not and may not allow any third party to:
      1. modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Devbook Software or any portion of the Devbook Site or the Devbook Service (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
      2. copy or distribute the Devbook Software (except for a version that has this license attached where the user agrees to the terms of this Agreement), provided, however, that You may (and are encouraged to) include any number of Devbook Widgets on your website and any number of SNS Apps on your social networking pages.
      3. rent, lease, use the Devbook Software for timesharing or service bureau purposes, or otherwise obtain a commercial benefit from the the Devbook Software unless You inform Devbook Email of Your commercial purpose prior to such use;
      4. use the Devbook Software in any manner that could damage, disable, overburden, or impair Devbook's Service or another user's use of the Devbook Service;
      5. remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices“) contained in or on the Devbook Site, Devbook Service, Devbook code embeddable or embedded on a third party web site and/or the Devbook Software and You shall reproduce such Notices exactly on all permitted copies of the Devbook Software;
      6. collect any information about other users or members (including usernames and/or email addresses) for any purpose;
      7. create user accounts by automated means or under false or fraudulent pretenses;
      8. create or transmit unwanted electronic communications such as “spam,” to other users or members of the Devbook Site and/or Devbook Service or otherwise interfere with other user's or member's enjoyment of the Devbook Site and/or Devbook Service;
      9. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Devbook;
      10. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or
      11. use the Devbook Site or Devbook Services to violate the security of any computer network or transfer or store illegal material.
  4. Indemnity. You agree to indemnify and hold Devbook (and any employee, officer, director or affiliate of Devbook) harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of Your access to the Devbook Site or Service, the violation of this Agreement by You, the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, or for any content posted on the Devbook Site by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim You may have against Devbook or any Devbook Person. You remain solely responsible for all content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Devbook Software or the Devbook Service.
  5. Rights of Devbook/Exculpation of Devbook. By using the Devbook Software, the Devbook Service and/or the Devbook Site, You acknowledge and agree,
    1. Devbook does not claim any copyright or other ownership in any material or content uploaded by You through the Devbook Site (other than solely to provide the Devbook Service to You and others, to market the Devbook Service and/or the Devbook Site, to illustrate the operation of the Devbook Service and/or the Devbook Site, and an exclusive license in the case of Skins submitted by you (see discussion of Skins, below) simply because You have uploaded it on to the Devbook Site. You are solely responsible for protecting your own content from loss.
    2. Devbook has the right to refuse registration of, or cancel Your user account and/or User ID in its discretion for any reason or for no reason. Any content that has been uploaded onto the Devbook Service may be deleted at such time without notice to You.
    3. Devbook has the right to make changes to this Agreement, and all of it's Policy's at any time without prior notice. Such modifications will be effective no later than the time such the new terms are posted or otherwise implemented on the Devbook Site, and may, in certain circumstances, be retroactive.
    4. Devbook and its licensors own and retain all proprietary rights in the Devbook Site, the Devbook Services, and all associated software, content and material. The Devbook Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, and/or materials available through the Devbook Site or Devbook Services in whole or in part without the express written agreement of Devbook. Except as expressly provided herein, Devbook and its suppliers do not grant You any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights. If You submit any ideas regarding products or services (other than Skins, see below), such ideas automatically become the property of Devbook, and You automatically forfeit Your right to the intellectual property of these ideas. If You intend to own the intellectual property rights of Your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please send a message to Devbook Email and describe ONLY the general application – do not submit Your concepts to Devbook or its employees through any other medium. Please note that a legal agreement may be required by Devbook in order to evaluate Your concept(s).
    5. Devbook has no responsibility for the statements in any message, content or other material posted on or through the Devbook Site by any user. If Devbook receives notice that an item on the Devbook Site is an Infringing Posting or a Prohibited Posting, it will use such efforts as it, in its sole discretion, believes are reasonable, to determine whether such item is an Infringing Posting or a Prohibited Posting, and if it is, to remove all or a portion of such items. You acknowledge, however, that this is a manual process and that Devbook cannot evaluate or remove such items immediately. Devbook HAS NO OBLIGATION TO ACCEPT OR DISPLAY ANY CONTENT, AND CONTENT UPLOADED BY YOU MAY BE DELETED BY Devbook FOR ANY REASON OR FOR NO REASON AT ALL.
    6. Devbook is exempt from liability to any person for any claim based upon its good faith disabling of access to or removal of any content, including material it believes, in its sole discretion to be an Infringing Posting or a Prohibited Posting, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited. By using the Devbook Service, You agree that notice to You through an email to the email address You provided in Your profile constitutes reasonable efforts to notify You of any removal or disabling if such notice is required, and if you have created an anonymous account, you waive the right to notice, if any is required.
    7. Devbook reserves the right to reveal Your identity (or whatever information we know about You) in the event of a complaint or legal action arising from any message or other content posted by You or where such information is otherwise relevant. Devbook may log all internet protocol addresses accessing the Devbook Site and other information about users' access, and maintain backup copies of content indefinitely.
    8. Devbook may collect and collate a variety of information regarding the use of the Devbook Site, Devbook Software, or Devbook Service by You or by people who use the Devbook Service through Your website, watch your content through the Devbook Service on third-party websites, or visit social network pages on which you have installed SNS Apps, and may cause the Devbook Software to communicate to Devbook information about its offline operations. Devbook is the sole owner of all such information it collects. Collection and management of such information is governed by our Privacy Policy.
    9. Devbook uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded to the Devbook Site or collected by Devbook in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.
    10. The Devbook Site, Devbook Software or Devbook Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
    11. The Devbook Site, Devbook Software or Devbook Service may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Devbook Site, the inclusion of a Devbook Widget on a third party's website, or the incorporation of a SNS App or other piece of Devbook Software on a third party's website or within a third party's system does not imply approval or endorsement of that website by us. If you decide to access or post a Devbook Widget, SNS App or other piece of Devbook Software on these third-party websites, you do so at your own risk.
  6. Policies related to Skins. By submitting a Skin to Devbook you understand and agree that:
    1. Devbook does not claim any ownership right in the Skins you submit to us, except to the extent of the exclusive license described below. Such Skins remain your property, but you may not license them to third parties without our consent.
    2. You warrant that such Skin is your original work and that You have the right to license the same to Company, and that the Skin does not violate any third party’s privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights, and You agree to pay for all royalties, fees, and any other monies that may be owing to any person with respect to any Skin submitted by you to or through the Devbook Service.
    3. You grant to Devbook an exclusive, worldwide, perpetual, irrevocable and fully paid-up right to use, modify, reproduce and distribute the Skin and any derivative works thereof, together with the right to sublicense. You understand that Devbook is not obligated to pay you anything for your Skin, or to feature or otherwise display your Skin on any page of the Devbook website.
  7. Policies related to SNS Apps. Installing or otherwise using any SNS Apps constitutes consent to be bound by these Terms of Use, as well as Devbook's Copyright and Privacy Policies, including all provisions related to (angel) collection of information, (b) delivery of advertising, and (c) prohibition on certain activities.
  8. Limitations.
    1. WARRANTY DISCLAIMER. THE Devbook SERVICE, THE Devbook SITE AND THE SOFTWARE IS PROVIDED BY Devbook ON AN “AS IS” BASIS. Devbook AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE Devbook SITE OR IN ASSOCIATION WITH THE Devbook SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Devbook AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Devbook AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE Devbook SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
    2. POTENTIAL UNAVAILABILITY. THE Devbook SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. Devbook SHALL NOT BE LIABLE FOR ANY FAILURE OF THE Devbook SOFTWARE, Devbook SITE OR Devbook SERVICE. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND Devbook'S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT Devbook SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
    3. LIMITATION OF LIABILITY. Devbook AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Devbook'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Devbook FOR THE Devbook SERVICES, OR TEN DOLLARS, IF GREATER. YOU SPECIFICALLY ACKNOWLEDGE THAT Devbook IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY USER OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
    4. Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using Devbook Software or Devbook Services. Consult your physician prior to using the Devbook Software or Devbook Services if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Devbook Software or Devbook Services immediately if you experience any such symptoms
  9. TERM AND TERMINATION. Unless terminated by Devbook, this Agreement will remain in full force and effect while You use the Devbook Software, Devbook Site and/or Devbook Software or Devbook Services. Subject to the last sentence of this Section 8, You may terminate this Agreement at any time by deleting the Devbook Software from Your computer and from any social networking site or other website on which you have installed any Devbook Software and ceasing to use the Devbook Software or Devbook Service. Devbook may terminate this Agreement at any time, particularly if You violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove from all computers, and other storage media all copies of the Devbook Software. Devbook shall have the right to inspect and audit Your facilities to confirm the foregoing. Your representations in Sections 1 and the provisions of Sections 4 through 11 shall survive any termination or expiration of this Agreement.
  10. THIRD PARTY NOTICES AND LICENSES In order to use the Devbook Service, You will have to download a Flash Player from Adobe Systems Incorporated. Use of the Flash Player is subject to Adobe's Terms of Service. See http://www.adobe.com/misc/copyright.html
  11. MISCELLANEOUS
    1. Privacy. In addition to the terms of this Agreement, You should be aware that use of the Devbook Site and/or the Devbook Service is also governed by our Privacy Policy. Acceptance of this Agreement constitutes acceptance of Devbook's acceptable use policy for content posted on the Devbook Site, Devbook's Privacy Policy, Devbook's Copyright Policy, and any notices regarding the Devbook Site, as such policies or notices may be amended from time to time.
    2. Disputes. You agree that any dispute relating to your use of the Devbook Site, Devbook Software and/or Devbook Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco, and that any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.
    3. International Use. Devbook makes no representation that the Devbook Software is appropriate or available for use in locations outside the United States, and accessing it from territories where the Devbook Software or any feature of the Devbook Services and/or Devbook Site is illegal is prohibited. Those who choose to access this website (or any other website on which Devbook Software is installed) from other locations do so on their own initiative and are responsible for compliance with local laws. The Devbook Software may be further subject to United States export controls. No Devbook Software may be downloaded from the Devbook Site or through the Devbook Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Devbook Software is at your sole risk.
    4. No Third Party Beneficiaries. This Agreement is between You and Devbook. No user has any rights to force Devbook to enforce any rights it may have against any You or any other User.

Devbook is an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user of material of the user's choosing, without modification of the content of the material sent or received (“transitory digital network communications”), as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the website located at http://devbook.com, and any linked pages or applications owned and operated by Devbook.

Please contact us at Devbook Contact with any questions regarding this Agreement.

Please contact Devbook Email if you would like to receive a copy of this document showing changes from previous versions.

Devbook is a registered trademark of Devbook, Inc.



Copyright (c) 2007 Devbook LLC