NO DUTY TO PRE-SCREEN/MONITOR.
You acknowledge that TRPN may or may not pre-screen content, but that TRPN shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or move any content (with or without notice) that is available via the service. Without limiting the foregoing, TRPN shall have the right to remove any content for any reasons, including but not limited to, "that violates the TOS or is otherwise objectionable or deemed inappropriate in any manner". You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by TRPN, or submitted to TRPN, including without limitation information in TRPN's any part of service. You agree not to hold TRPN or any of its partner (s) responsible for any information submitted by Users, Software Developers or any individual or entity. You agree that all information including but not limited to cost and other information are subject to change, and you agree not to hold TRPN, any affiliates, partners or any Software Developer provider liable for providing services based on information displayed at SOFTWAREDEVIL.COM. You acknowledge that content at SOFTWAREDEVIL.COM is for informational purpose only and should not be considered as a buying agreement between you and any individual or entity or company.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that the content or material that you own has been copied or made available on SOFTWAREDEVIL.COM in a manner that violates your intellectual property rights, please follow the instructions on how to contact us & report possible copyright infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Click here for Claims of Copyright Infringement instructions.
You agree and understand to indemnify, defend and hold TRPN (and all it's websites) and all of our employees, owners, information provider, affiliates, partner, licensors and publishers harmless from and against any and all liabilities, losses, costs, and expenses (including any attorney and legal fees) incurred by any TRPN party in connection with any claim including, but not limited to claims for defamation, violation of rights, publicity, privacy, copyright infringement and or trademark infringement arising out of:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
MANY TRPN WEB SITE MAY ITSELF CONTAIN ADDITIONAL TERMS (FOR EXAMPLE, CONTENT SUBMISSIONS, CODES OF CONDUCT OR GUIDELINES) THAT FURTHER GOVERN USE OF THAT WEB SITE, INCLUDING WITHOUT LIMITATION, PARTICULAR FEATURES OR SERVICES. IF ANY TERMS CONTAINED IN THIS AGREEMENT CONFLICT WITH ANY TERMS CONTAINED WITHIN TRPN WEB SITE, THEN THE TERMS IN THIS AGREEMENT SHALL CONTROL.
WE, OUR SUPPLIERS, AND OUR USERS WHO LAWFULLY POST TEXT, MESSAGES, INFORMATION, SOFTWARE AND IMAGES (OR ANY OTHER "CONTENT") ON TRPN WEB SITE OWN THE PROPRIETARY RIGHTS TO THAT CONTENT. THE CONTENT IS PROTECTED BY INTERNATIONAL TREATIES, AND BY COPYRIGHT, TRADEMARK, PATENT, AND TRADE SECRET LAWS AND OTHER PROPRIETARY RIGHTS. FOR EXAMPLE, WE OWN A COPYRIGHT IN THE SELECTION, ORGANIZATION, ARRANGEMENT, AND ENHANCEMENT OF THE CONTENT, AS WELL AS IN OUR ORIGINAL CONTENT. THE LOOK AND FEEL OF OUR COLOR COMBINATIONS, BUTTON SHAPES, AND OTHER GRAPHICAL ELEMENTS ON TRPN ARE OUR TRADEMARKS. EXCEPT AS EXPRESSLY AUTHORIZED BY TRPN, YOU AGREE NOT TO MODIFY, RENT, LEASE, LOAN, SELL, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED ON THE SERVICE OR CONTENT, IN WHOLE OR IN PART.
WAIVER AND SEVERABILITY OF TERMS
THE FAILURE OF TRPN TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TOS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THE TOS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES' INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THE TOS REMAIN IN FULL FORCE AND EFFECT.
NO THIRD PARTY BENEFICIARIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF TRPN WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRPN AND ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRPN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE (iii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.
TRPN MAKES NO REPRESENTATION THAT MATERIALS ON WEB SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES, AND ACCESSING THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
STATUTE OF LIMITATIONS
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ARBITRATION & CHOICE OF LAW AND FORUM
TRPN may elect to resolve any controversy or claim arising out of or related to these Terms by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (adr.org). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award maybe entered in any court having jurisdiction thereof. Either you or we may see any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect the rights or the property of you or TRPN, pending the completion of arbitration.