Thanks for choosing to use Devselz Services. Devselz Services are provided by Devselz.com, ("Devselz") located at Carrer 12, 16 08860 Castelldefels, Barcelona, Spain. By using Devselz Services, you are agreeing to the following Terms of Service (these "Terms"). These Terms confirm and clarify respective rights and obligations between Devselz and you in connection with your access to and use of Devselz Services.
You and Devselz agree as follows:
DEVSELZ IS WILLING TO AUTHORIZE YOUR ACCESS TO DEVSELZ SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT THAT THESE TERMS GOVERN YOUR USE OF THE SERVICES. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" BUTTON OR BOX (OR THE EQUIVALENT) OR INSTALLING OR USING DEVSELZ SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AS AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY OR ORGANIZATION (IF BEING ACQUIRED FOR USE BY AN ENTITY) OR AS AN INDIVIDUAL, AND AGREE TO COMPLY WITH THE TERMS THAT APPLY TO YOUR ACCESS AND USE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, DO NOT SELECT THE "ACCEPT LICENSE AGREEMENT" BUTTON OR BOX (OR THE EQUIVALENT) AND DO NOT DOWNLOAD, ACCESS, OR USE DEVSELZ SERVICES.
These Terms apply to you if you are: (i) a "Publisher" (the owner or operator of a Publisher Site that uses Devselz Services); or (ii) an "End User" accessing and using the Services. References to "you" and "your" refer to any Publisher or End User, as applicable.
If you are a Publisher, all the Terms apply to you while using the Devselz Services except Section 1.2, which only applies to End Users.
If you are an End User, the preamble, Sections 1.1.5(h), 1.2, 1.3, 2.1.2, 2.2, 2.4, 2.5, 2.6, and 2.7, and Article III apply to you while using the Services. Please read these sections carefully as they explain the rules, rights, and obligations for your use of the Devselz Services.
I. USE OF THE Devselz SERVICES
1.1 Terms Applicable to Publishers. If you are a Publisher using the Devselz Services, the following terms apply to you:
1.1.1 Licenses granted to Publisher by Devselz. DEVSELZ grants you a limited, non-exclusive, worldwide license to use the Devselz Services with the understanding that this right and license is only granted to you and may not be sublicensed or transferred to any other party. As part of your authorized use of the Devselz Services. You may modify the source code but only as authorized in writing by DEVSELZ.
DEVSELZ also grants you a non-exclusive, non-transferable right and license to display the Devselz Marks solely as they are incorporated into the Devselz Services. No other rights to the Devselz Marks are granted by these Terms.
To facilitate the use of the Devselz Tools, you may use Third-Party Marks if made available to you by DEVSELZ. Your use of Third-Party Marks is subject to the licenses and guidelines of the third-party licensor. It is the Publisher’s sole responsibility to read and comply with the third-party licensor guidelines. All goodwill associated with Publisher’s use of a Third-Party Marks shall inure to the benefit of the third-party licensor.
1.1.2. Licenses granted to DEVSELZ by Publisher. In exchange for your use of the Devselz Services, we just simply show a image link ppoiting to our website for all the non paid account, non paid version licenses.
1.1.3. Your Devselz Account. All Publishers must register and create an account on Devselz.com in order to use the Devselz Services on Publisher Sites. As a Publisher, you agree to provide DEVSELZ accurate information during registration and to update that information as necessary. To protect your Devselz account, keep your password confidential. You are responsible for all activity related to your Devselz account. If you learn of any unauthorized use of your password or Devselz account, please immediately change your password.
Devselz.com may contain forums for Publishers and other registered users to interact with DEVSELZ and each other. Publishers are solely responsible for any content they post and DEVSELZ is not responsible for posts not made by DEVSELZ nor does DEVSELZ make any promises as to the quality or accuracy of any forum posts. DEVSELZ may edit or remove any posting from any forum on Devselz.com at any time.
1.1.4. Fees. If you are a Publisher using a paid version of the Devselz Services, payment and additional terms will be indicated in the license table comparison, shown on each web for each tool offered as a service by Devselz .
1.1.5. Data Privacy.
1.2 Terms Applicable only to End Users. If you are an End User this Section 1.2 and certain other parts of these Terms apply to you.
1.2.1. End User License. Subject to the End User Restrictions in Section 1.2.5., DEVSELZ grants you a limited license to use the Devselz Services to share content and connect with other users online in accordance with these Terms.
1.2.3. Eligibility. You must be at least sixteen (16) years old to use the Devselz Services. If you are sixteen (16) or older but younger than eighteen (18), you must have parental consent before using the Devselz Services, and your parent must accept these Terms on your behalf.
1.2.4. End User Restrictions. End Users will not: (i) use the Devselz Services in a way that violates the terms of any Publisher Site; or (ii) use the Devselz Services to stalk, harass, harm another person, or violate the law.
1.2.5. Disagreements and Disputes. Your use of the Devselz Services may bring you into contact with other users (whether End Users or Publishers), and their content. You are solely responsible for your involvement with other users and DEVSELZ shall not be liable for any involvement by you with other users, including for any direct, indirect, special or other consequential damages arising out of or in connection with such disputes.
1.3 Other Rights, Limits, and Restrictions Applicable to End Users and Publishers.
1.3.1. Restrictions. Publishers and End Users will not (and will not permit any third party to): (i) conduct, promote, or advertise any item, good, or activity while using the Devselz Services that violates the law; (ii) upload, distribute, post, transmit, or make available through the Devselz Services or provide DEVSELZ with, any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically, or otherwise objectionable; (iii) attempt to reverse engineer, change, disrupt, interfere with or jeopardize the Devselz Services, or otherwise attempt to derive the source code of the Devselz Services, Downloadable Code, Enablement Code, or other code or software related to the Devselz Services; (iv) modify, change, or alter in any way, the proprietary content of any third party using the Devselz Services; (v) use the Devselz Services in any manner which interferes with the performance or functionality of the Devselz APIs or the Devselz Services or any website or app; (vi) attempt to gain access to secured portions of the Devselz Services to which you do not have a right to access; (vii) use the Devselz Services to load or transmit any form of virus, worm, Trojan horse, or other malicious code; (viii) use any automatic, electronic, or manual process to access, search, or harvest information from the Devselz Services, or to interfere in any way with the proper functioning of the Devselz Services; (ix) use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on or via the Devselz Services; (x) conduct, promote, or advertise any item, good, or activity while using the Devselz Services that violates the terms of service of any Publisher Site; and (xi) conduct, promote or advertise any item, good, or activity while using the Devselz Services that DEVSELZ determines, in its sole discretion, is inappropriate to be promoted through the Publisher Site or the Devselz Services.
1.3.2. Changes to the Devselz Services. DEVSELZ may change or discontinue the Devselz Services with or without notice at any time. DEVSELZ will not be liable to anyone if DEVSELZ changes or discontinues the Devselz Services. If you object to any changes to the Devselz Services, your sole recourse will be to stop using the Devselz Services. Your continued use of the Devselz Services following changes represents your acceptance of such changes.
1.3.3. Intellectual Property. DEVSELZ owns all right, title, and interest, including intellectual property rights in and to the Devselz Services, the technology used to create and run the Devselz Services, and DEVSELZ software code and any DEVSELZ-owned work product, reports, or other output or results, derivatives designs, methods, inventions, know-how, techniques, applications, or other materials or technology, or any enhancements to the foregoing, that DEVSELZ makes available to you in connection with these Terms.
2.1 Warranties and Disclaimers.
2.1.1. Publisher Warranties. You warrant that you have the right and authority to grant the licenses in these Terms and that DEVSELZ’s exercise of such rights will not infringe or otherwise violate any End User’s or other third-party rights, and that all so-called moral rights in the Publisher Data have been waived to the full extent allowed by law.
2.1.2. DEVSELZ Warranties and Disclaimers. DEVSELZ develops its products and services using a commercially reasonable level of care. However, there are certain promises DEVSELZ does not make about the Devselz Services provided under these terms. DEVSELZ PROVIDES THE Devselz SERVICES "AS IS". DEVSELZ DOES NOT MAKE ANY COMMITMENTS OR PROVIDE WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE Devselz SERVICES, THE FUNCTIONS OF THE Devselz SERVICES, OR THE RELIABILITY, AVAILABILITY, OR ABILITY OF THE Devselz SERVICES. TO THE EXTENT PERMITTED BY LAW, DEVSELZ DISCLAIMS ALL WARRANTIES NOT EXPRESSLY INCLUDED IN THESE TERMS.
2.2 Term. DEVSELZ may suspend, terminate, or prohibit your use of the Devselz Services at any time with or without cause. If DEVSELZ terminates your right to use the Devselz Services, you will stop using the Devselz Services immediately. If you are a Publisher, you will remove the Devselz Services (and any related code or technology) from all of your Publisher Sites immediately. The sections of these Terms that by their nature would reasonably be expected to survive will survive termination or expiration of these Terms.
2.3 Confidential Information. Certain content, information, or software you access through the Devselz Services may contain DEVSELZ's confidential information. Without limiting the foregoing, all non-public information and materials (including any fee information if you are paying for the Devselz Services) relating to the Devselz Services is DEVSELZ's confidential information ("Confidential Information"). You agree to protect Confidential Information by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit, or transfer Confidential Information to any third party or use Confidential Information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to Confidential Information, whether or not deemed trade secret under applicable law, remain in effect until the particular information becomes publicly known through no direct or indirect action by you.
2.4 Indemnification. If you are using the Devselz Services on behalf of a business or other entity, that business or entity accepts these Terms. You, the business, or entity will hold harmless and indemnify DEVSELZ and its affiliates from any claim, suit, or action arising from or related to your use of the Devselz Services or violation of these Terms, including any liability or expense (e.g. losses, damages, judgments, litigation costs, and attorneys' fees) arising from such claims, suits, or actions.
2.5 Limitation of Liability. DEVSELZ WILL NOT BE RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCURRED BY YOU OR YOUR BUSINESS. DEVSELZ’S AGGREGATE LIABILITY FOR ANY CLAIMS UNDER THESE TERMS IS LIMITED TO $1,000. DEVSELZ WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT ARE NOT REASONABLY FORESEEABLE.
2.6 Export Control Laws. You acknowledge that the Devselz Services are subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the "Export Laws") and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the Devselz Services, directly or indirectly, to: (a) any countries that are subject to E.U. or U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Syria, and Crimea) (each, an "Embargoed Country"), (b) any End User whom you know or have reason to know will utilize them for prohibited purposes, including but not limited to: in the design, development, or production of nuclear, chemical, or biological weapons, rocket systems, space launch vehicles and sounding rockets, or unmanned air vehicle systems (each, a "Prohibited Use"), or (c) any End User who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a "Sanctioned Party") or European Community. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export, or use the Devselz Services. You represent and warrant that (a) you are not a citizen of, or located within, an Embargoed Country, (b) you will not use the Devselz Services for a Prohibited Use, and (c) you are not a Sanctioned Party. All rights to use the Devselz Services are granted on condition that such rights are forfeited if you fail to comply with any of these Terms. If DEVSELZ has knowledge that a violation has occurred, DEVSELZ may terminate these Terms.
2.7 Miscellaneous. DEVSELZ may modify these Terms at any time. You may not assign these Terms, or any part of them, to any other party, without DEVSELZ's prior written authorization. You should review these Terms regularly and it is your responsibility to do so. DEVSELZ will post the "as of date" for these Terms on the bottom of this page. Any changes to these Terms will not apply retroactively and will become effective for your use of the Devselz Services ten (10) days after they are posted on this page. Any changes made to these Terms which are required by law will become effective immediately. If you do not agree to any change in the Terms, you will stop using the Devselz Services. Your continued use of the Devselz Services following changes to these Terms represents your acceptance of those changes. These Terms are the entire agreement between you and DEVSELZ related to the Devselz Services and supersede any prior or contemporaneous agreements. If an order is placed under these Terms, and there is a conflict between these Terms and the order terms, the terms of the order govern. These Terms govern our relationship regarding your use of the Devselz Services and they do not create any third-party rights. If DEVSELZ takes no action for your failure to comply with any part of these Terms, it does not mean that DEVSELZ is foregoing or giving up any rights described here. If any part of these Terms is unenforceable, that will not affect the enforceability of any other part of the Terms. The Uniform Computer Information Transactions Act does not apply to these Terms or to any order that might be placed under them. These Terms are governed by the laws of the State of California and you agree to submit to the exclusive jurisdiction of, and venue in, the courts in Barcelona or Gavá counties in Barcelona province, Spain in any dispute arising of or relating to these Terms. Legal notices to DEVSELZ must be sent by certified mail to: DEVSELZ Carrer 12, 16 08860 Castelldefels, Barcelona, Spain.
2.8 Unlimited Licenses: In case the amount of emails you send, or more specifically the number of users (email addresses) you store, bypass our limits or compromise the stability of our servers, in this case we may limit to you the number of email addresses, with a prior notification.
Devselz Marks means Devselz®, a registered trademark in Spain and any other Devselz graphics, logos, designs, page headers, button icons, and toolbars appearing on the Publisher Site or the Devselz Services that may be trademarks in Spain, the United States and other countries.
Devselz Services means Devselz.com, the Devselz Tools (including "LogSign," "Social Comments"), Devselz "for-pay" services ordered by Publishers (e.g. Devselz Enterprise Tools), and Downloadable Code.
Devselz Tools means (i) a suite of Devselz technologies owned by DEVSELZ and made available to Publishers to install on the Publisher Sites to allow an End User to sign up users onto their websites, messagin and other usefull website tools.
Cookie means a file that is saved on a computer or device when the computer or device communicates with a server, which uses the Cookie to retrieve information about that computer or device and its users.
Downloadable Code means any Enablement Code, and the code provided on Devselz.com that enables the installation of the Devselz Tools on the Publisher Site(s). It may be not downloadable but referenceable such as an script insertion.
Enablement Code means code that is part of the Devselz Tools or is provided to you including any pixel tags or other similar code that enables DEVSELZ to collect Publisher Data.
DEVSELZ Partner(s) means third parties that are authorized by DEVSELZ
Personal Information means information defined as personally identifiable or personal data by the Rules of the jurisdiction in which a particular individual (made known to DEVSELZ by an End User or Publisher, or through the Devselz Services) resides.
Publisher Data means data collected from the Publisher Site(s) including (a) Publisher Site content collected from the Devselz Services, Devselz Tools, Downloadable Code, or Enablement Code on Publisher Sites; and (b) data collected regarding End User visits and activity on Publisher Sites.
Publisher Site means a website, URL, or web page on which the Devselz Services are enabled or used. Devselz.com, for example, is a Publisher Site.
Rules means all applicable data protection, electronic communications and privacy laws, rules, regulations, regulatory guidelines, as well as any applicable self-regulatory guidelines
Service Provider Platform means a software application, or mobile device application (app) on which the Devselz Services are enabled or used.
Third-Party Marks means a third-party registered trademark in Spain, the United States and any other graphics, logos, and designs appearing on the Publisher Site or the Devselz Services that may be trademarks in the United States and other countries.