DEVNETWORK.COM

TERMS AND CONDITIONS OF USE

Please Read Carefully Prior To Using This Website.

Last Revised: August 21, 2015

Welcome to DevNetwork.
Use of this Data 2.0 doing business as DevNetwork (“DevNetwork”) website (“this Website”) is governed by the terms and conditions below (“Terms of Use”). By using this Website you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Website.

Although operate outside of Delaware, DevNetwork is a corporation organized under the laws of the State of Delaware, with DevNetwork headquarters in San Francisco, California. Any personal details you provide us will be processed by DevNetwork in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy. DevNetwork expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. DevNetwork makes no representation about any third-party websites that may be accessed via links from this Website. By using this Website, you agree that the law of the State of California, without regard to its conflict of laws principles, will govern all matters between you and DevNetwork with respect to your use of this Website.

Intellectual Property Rights

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 DevNetwork, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws.  You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used without our written permission except as provided in these Terms of Use.

Authorized and Prohibited Uses
You 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 you comply with these Terms of Use and applicable laws.  You may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without our prior written permission.  But, if this Website permits the e-mailing or sharing of certain Content or a link through the use of email, social media or similar features and you may send that particular Content or link to others as indicated.  You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.

User Content
Except as provided in our website Privacy Policy, any Content that you submit to this Website or DevNetwork (“User Content”) will be deemed to be non-confidential and may be disclosed through this Website to unknown persons on a worldwide basis without control by DevNetwork, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit Content to this Website or DevNetwork except for content that is fully authorized for purposes of this Website and these Terms of Use, and you will not infringe upon any person’s Intellectual Property Rights in connection with such submissions. It is your obligation to determine the extent to which Content you submit is protected by applicable intellectual property laws. You agree that DevNetwork shall have and hereby grant DevNetwork a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any Content that you submit to this Website or DevNetwork. DevNetwork does not endorse any User (or third party user) Content, product or service that may appear on this Website. Nothing in these Terms of Use shall obligate DevNetwork to use any Content you submit or to include or post such Content on this Website.

Registration and Passwords
At times, we may or may not require you to have a password and provide registration details to access on third party sites such as Eventbrite.com or Universe.com. Where passwords and registration details are required, the details you provide must be correct, current, and complete. If DevNetwork believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, any of its resources, our conferences, or to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website or any other third party website, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password or ticket to any person or entity.

Compliance with the Digital Millennium Copyright Act
DevNetwork respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that in accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website), the owners and operators of DevNetwork.com respond promptly to claims of copyright infringement reported to DevNetwork’s designated copyright agent. Please note that under section 512(f) of the DMCA (17 U.S.C. § 512(f)), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

The primary and intended purpose of the Website is to provide information for visitors, attendees, and sponsors about DevNetwork’s technology conferences. DevNetwork reserves the right at its sole discretion, to remove content that infringes, or appear to infringe, on the intellectual property rights of others.

If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe that a copyrighted work is being used on the Website in a manner that constitutes copyright infringement, please provide DevNetwork’s copyright agent with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyright infringements at a single online site are covered by a single notification, a comprehensive list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tribe to locate the material (such as the URL or video number);
  4. Information reasonably sufficient to permit Tribe to contact you, including a true name, address, telephone number and, if available, an email address at which the you may be contacted;
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Claims of copyright information should be sent to the following:

Copyright Agent
Jonathan R Pasky.
Data 2.0, Inc.
224 Townsend Street
2nd Floor
San Francisco, CA 94107
Legal@devnetwork.com

Website Administration

Authority of Website Administrator
DevNetwork may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these Terms of Use, the Content or any link at any time without liability or prior notice. DevNetwork may in its discretion terminate the browsing of, registration with and use of this Website by any visitor at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.

Third Party Sites and Other Information
This Website may contain as a convenience to you, Content, links and other information submitted by third parties over whom DevNetwork has no control or responsibility, as well as translations thereof which DevNetwork may arrange. DevNetwork has no obligation with respect to third party websites accessible via links on this Website. These other sites are not under DevNetwork’s control, and you acknowledge that (whether or not such sites are affiliated in any way with DevNetwork) DevNetwork 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 DevNetwork or any association with its operators. Moreover, DevNetwork has no obligation to verify any Content submitted by a user or to provide any registration or other information to you concerning any Content.

Warranty Disclaimers
THIS WEBSITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. DEVNETWORK 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 YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability and Remedies
DEVNETWORK’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH DEVNETWORK (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. DEVNETWORK AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH DEVNETWORK OR IT’S TECHNOLOGY CONFERENCES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DEVNETWORK HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DEVNETWORK AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. DEVNETWORK DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF DEVNETWORK WILL BE LIMITED TO, IN THE SOLE DISCRETION OF DEVNETWORK, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY DEVNETWORK FROM YOU.

Indemnification
You agree to defend, indemnify and hold harmless DevNetwork and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website.

Miscellaneous

Separate Terms and Conditions

In connection with your use of and/or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated.

Privacy Policy
DevNetwork is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at http://devnetwork.com/privacy (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms of Use by reference, and constitutes a part of these Terms of Use.

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 of Use (including without limitation the Privacy Policy), DevNetwork and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.

DevNetwork has no obligation to become involved in any dispute between a user and any third party. This Website, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. DevNetwork and you agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in San Francisco, CA or another forum mutually agreed upon by you and DevNetwork, pursuant to the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator nominated by agreement of you and DevNetwork and confirmed in accordance with the Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that DevNetwork is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use pending a final arbitral decision.

Modification of Terms of Use, Etc.
These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and DevNetwork with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. DevNetwork will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every thirty (30) days. Your continued use of this Website subsequent to DevNetwork’s notice of modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, 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 you and DevNetwork shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of this Website, any use by you of this Website, any User Content on this Website, or these Terms of Use.

Contact Information
If you have any questions regarding these Terms of Use or this Website, please contact us by email at legal@devnetwork.com.