Effective Date: July 15, 2019
Thank you for using our web site at www.dzone.com or any subdomain of dzone.com or any other site operated by us that refers to these Terms of Use, including any related services (collectively, the “Site"). The Site is operated by DZone, Inc. dba Devada and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our Site, you (the "User") agree to be bound by these Terms of Use ("Terms of Use"), whether or not you are a registered member of the Site. Please read these Terms of Use carefully and, if you wish, print or save a copy for your records. If you do not agree to these Terms, you may not use the Site.
We reserve the right, at our sole discretion, to change these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Use of the Site is void where prohibited. The Site may only be used by users who are 16 years old or older. Any registration by, use of or access to the Site by anyone under 16 is prohibited. By using the Site, you represent and warrant that you are 16 or older.
Your use of the Site is at our discretion. We may terminate your access to the Site or the Site in its entirety at any time without notice to you.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration or account forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) keep your Registration Data accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
The Site may allow its users to upload or post content (“User Content”). By posting User Content to the Site, you grant us a perpetual, non-exclusive, royalty-free, worldwide license to copy, distribute, prepare derivative works from, publish, publicly display and publicly perform (including through the use of a digital audio or video transmission) such User Content, through any and all channels and media. You also grant our Users a perpetual license to view, download and copy your User Content. Further, by uploading or posting User Content to the Site, you represent that you have the right to do so and to grant the licenses described above.
You represent, warrant and agree that your User Content will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain Prohibited Content (as defined below).
We do not make any promises about User Content. In particular, we do not promise that the User who posted it to the Site has the right to do so, that you would have the right to use the User Content or that the User Content does not infringe any other party’s intellectual property rights.
We may remove or disable access to any User Content in our sole discretion. We may also edit User Content on the Site to correct errors or omissions or to remove portions which we consider to be Prohibited Content.
We do not promise, and have not verified, that any User Content is reliable, complete or accurate. So, you use User Content at your own risk. User Content does not necessarily reflect our views or the views of any of our users.
Except as provided in the “User Content” section above, all Content available through the Site, including designs, text, graphics, pictures, video, information, applications, software, sound and other files, and their selection and arrangement (the "Site Content" or “Content”), are the proprietary property of the Company or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post through the Site.
Except as provided in the “User Content” section above, provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal use provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content or incorporate Site Content in any other database or compilation. Such license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods, or to use any parts of the Site or Site Content in a way that is competitive to us.
Any use of the Site or the Site Content not authorized by these Terms of Use is strictly prohibited and will terminate your right to use the Site and your license to Site Content.
The following types of Content (“Prohibited Content”) are prohibited on the Site:
The Site may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). We are not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You may not:
You will indemnify and hold harmless us, our parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of your use of the Site or your violation of the Terms of Use.
We will not be liable for any damages of any kind arising from the use of or inability to use the Site, including, but not limited to, any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any lost profits, lost data, or loss of revenue. Without limiting the foregoing, our total liability will at all times be limited to US $50. The limitations in this paragraph shall apply to the extent permitted by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Site may include comment areas, message forums, chat areas and other collaboration tools (“Collaboration Tools”). You agree to use all Collaboration Tools in good faith and not in support of any business venture or entity. We disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in any Collaboration Tools. Under no circumstances will we be liable for any loss or damage caused by the Collaboration Tools, including your reliance on information obtained through the Collaboration Tools. The opinions expressed in or through any Collaboration Tools are solely the opinions of the participants, and do not reflect our opinions.
You agree that any comments, suggestions, ideas, or other feedback you provide to us relating to modifying or improving the Site (“Feedback”) is non-confidential and is owned by us. We may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflicts of laws provisions. By registering for or using the Site, you consent and submit to the personal jurisdiction of the state and federal courts located in Raleigh, North Carolina, and agree that such courts shall be the exclusive forums for resolving any disputes related to these Terms of Use or the Site.
We refer you to our privacy policy at https://dzone.com/pages/privacy, which discusses our collection and use of personal information.
We have a policy of removing infringing information from the Site and of terminating accounts of users of the Site if they repeatedly post infringing material to the Site.
If you believe that any material in the Site infringes your copyright, you may notify our designated agent at the contact information below.
To be effective, the notification must include the following:
If any provision of the Terms of Use is held invalid, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.
We may assign our rights and obligations under these Terms of Use to any third party. You may not assign your rights or obligations without our written consent.
These Terms of Use are the entire understanding between you and us regarding the Site. Any legally unenforceable provision of these Terms of Use will, at our election, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
