Software Devil: Terms of Service

SOFTWAREDEVIL.COM (herein as "Web Site" OR "Site" or "Software Devil" or "TRPN") is provided by TRPN (herein as “We” or “Us”). This is an agreement ("Agreement") between you (herein as "end-user" or "website visitor" or "user") and TRPN. This Agreement governs your use of SOFTWAREDEVIL.COM (including all sub-domain and all other content residing at *.softwaredevil.com and Software Devil's development sites/locations for SOFTWAREDEVIL.COM and collectively, the "SOFTWARE DEVIL  Web Sites"). If you do not agree to any of the terms and conditions of this Agreement, you should immediately discontinue the use of this site & all sites owned and/or operated by TRPN.

You agree and understand that TRPN have the right, but not any obligation to take any of the below actions at our sole discretion at any time and for any reason without giving you any prior notice:

• Modify, Suspend or terminate any or all part of our Content and / or Services.
• Modify, Suspend or terminate your access to any or all part of TRPN.
• Edit, move, delete or deny any content or material that you submit for any reason.
• Put limitation on your activity on our Web Sites.
• Deny and or refuse your access to any or all parts of our website.
• Limit, Deactivate and / or delete your account along with all information connected to your account

You agree and understand that we will not be liable to you or any third party for taking any of these actions.

YOUR CONDUCT ON OUR SITES
You agree to abide by TRPN's Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose.

Any time on the site wherever registration or other information is requested from you, you agree to provide us with accurate, current and most complete information. In addition, you agree to promptly update provided information to keep it current.

If you create an account on our Site(s), you will be required to use an email address that is valid, active and under your ownership. To access your account, you will need to create a password. You agree that you will not reveal your password to anyone else and you will not use anyone else's password. You understand that you are responsible for maintaining the confidentiality of your account login information (i.e. password and any other required information). You understand that We will not be responsible for any loss or damage that many result if you fail to follow any of the account security requirement. You understand agree that, we may edit, delete or deny any information (including but not limited to username, password, email, URL, listing submission, review submission, submission or any other content or material) or deny your access to part or whole of Site at our sole discretion without any prior notice of any type to you or anyone else. You agree not to use any unauthorized or automated means , including but not limited to spiders, robots, agents, scrappers to monitor, watch, access, copy or edit any part of our Sites.

SOFTWAREDEVIL.COM Site uses a technology that is property of SOFTWAREDEVIL.COM, our affiliates and our partners. You agree not to copy, edit, sell, lease or distribute any right of this technology or its services in full or in parts.

You understand and agree that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. In addition you agree that, under the laws of United States or other applicable jurisdiction, you are not barred from receiving services offered by SOFTWAREDEVIL.COM or any other Web Site or Service owned or provided by TRPN. You may use TRPN WEB SITE for lawful purpose only. You may not submit or transit through TRPN WEB SITE any illegal material, or otherwise engage in any illegal conduct and you acknowledge and:

• You agree not to violate any legal rights of others.
• agree not to violates or infringes the rights of others including, without limitations, patent, trademark, trade secret, copyright publicity or other proprietary rights.
• agree not to upload, post, or otherwise distribute or facilitate distribution of any content, without limitations, text, communications, software, images, sounds, data or any other information that is unlawful, invasive of another's privacy, contains explicit or graphic descriptions or any accounts of sexual acts (including but not limited to nudity, sexual language of a violent or threatening nature directed at any individual or group).
• agree not to impersonates any person, business or entity, including TRPN and its employees and agents.
• agree not to harm minors in any way.
• agree not to Stalk or otherwise harass anyone in any manner.
• agree not to harvest or collect any information including but not limited to users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or any type of communication (s).

 

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
TRPN does not claim ownership of any content that is submitted or made available for inclusion on any of our website. You may only post content to TRPN that you have created or that you have a legal permission to post. In addition, you may not post any content at TRPN that violates others copyright or intellectual rights in any manner. You may not post content that violates these Terms of Use. We do not claim ownership of any content that you may post. However, by submitting content to SOFTWAREDEVIL.COM, you grant TRPN, our distributors & affiliates, a worldwide, royalty-free & non-exclusive right to use, copy, display, perform distribute, adapt and promote this content in any medium. You acknowledge that TRPN will not pay you for your submissions. TRPN at its discretion may remove your submissions at any time, with or without giving any notice or reason. All trademarks and copyrights are owned by respective owners. Member comments, submissions, post and other content are owned by the submitter. TRPN, its agents and partners shall not be held liable for any such content. All Authors and Submitters take full responsibility for all the content submitted. In addition author is liable for all legal fees and expenses including but not limited to attorney fees, traveling expenses, phone calls, etc. occurred because of authors content submission. You understand and agree that all content and or material (software, questions, listings, graphics and any other information available or visible on SOFTWAREDEVIL.COM) is ranked based on opinion or SOFTWAREDEVIL.COM's team and in no way signifies that software listed and or ranked higher are any better or worse than those listed and or ranked lower. Also, you understand and agree to the face that you will have no claim on how content is listed or ranked or displayed at SOFTWAREDEVI.COM its database.

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.

 

INDEMNIFICATION

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:

 

• Your use for SOFTWAREDEVIL.COM
• Any use or alleged use of your account information by any person, whether or not authorized by you.
• The content, quality, originality or the performance of content or material submitting by you.
• Your connection to SOFTWAREDEVIL.COM or any of our other sites.
• Your violation of rights of any other person or entity.
• Your violation of Terms of SOFTWAREDEVIL.COM

 

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.

ADDITIONAL TERMS
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.

PROPRIETARY RIGHTS.
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 AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS TERMS OF USE, THERE SHALL BE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT.

DISCLAIMER
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.

YOU AGREE THAT ANY MATERIAL DOWNLOADED OR SERVICE PURCHASED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR SUCH MATERIAL OR USE OF SERVICE (s) PURCHASED OR OTHERWISE OBTAINED THROUGH THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRPN OR THROUGH OR FROM WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

INTERNATIONAL USE
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.

TERMINATION
YOUR RIGHT TO USE TRPN's WEB SITE AUTOMATICALLY TERMINATES IF YOU VIOLATE THESE TERMS OF USE OR ANY RULES OR GUIDELINES POSTED IN CONNECTION WITH TRPN. TRPN ALSO RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO ALL OR PART OF TRPN, FOR ANY REASON, WITH OR WITHOUT NOTICE. YOU AGREE THAT TRPN SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.

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.

VIOLATIONS
PLEASE REPORT ANY VIOLATIONS OF THE TOS TO OUR CUSTOMER CARE GROUP.