Devarai
Terms of Use
The following terms and conditions, which include and
hereby incorporate the Privacy Policy (collectively, these “Terms of Use”) are
a binding legal agreement between you and Devarai, GMBH, its subsidiaries and
affiliated companies (“Devarai”) that govern your use of (i) the website
located at http://www.Devarai.com (the “Site”), including any services, features and content accessible
or downloadable from the Site, and (ii) any other Devarai application, service
or product licensed, downloaded or otherwise accessed by you through third
party websites or sources ((i) and (ii) collectively, the “Service”). The
Service is not intended for use by children under 13 years of age.
A. Your Acceptance of the Terms of Use:
Please carefully read these Terms of Use, which affect
your legal rights and obligations. By registering for an Account or otherwise
using the Service, you represent that (1) you are age 13 or older, (2) you
understand and agree to these Terms of Use, and (3) if you are between the ages
of 13 and 18, your legal guardian has reviewed and agrees to these Terms of
Use.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE
TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF
USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS
VOID WHERE PROHIBITED.
B. Changes to the Terms of Use and the Service:
Devarai reserves the right to change or modify these
Terms of Use at any time in its sole discretion. Any such change or
modification will be effective immediately upon posting on the Service, and your
continued use of the Service after any changes or modifications to these Terms
of Use are posted will constitute your acceptance of and agreement to such
changes or modifications. If you object to any change or modification, your
sole recourse shall be to cease using the Service. YOU AGREE THAT DEVARAI SHALL
NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO
THESE TERMS OF USE.
Except as may be expressly specified otherwise by Devarai
with respect to paid portions of the Service, Devarai reserves the right to
add, change, suspend or discontinue the Service, or any aspect or feature of
the Service, without notice or liability.
C. Relationship to Other Agreements:
Your use of the Service or portions of the Service may
also be subject to the terms and conditions of one or more related third party
agreements (“Third Party Agreements”), such as agreements governing your
download of or access to applications that are part of the Service by means of
a third party website or source. In the case of any conflict between any Third
Party Agreement and these Terms of Use with respect to Devarai or any aspect of
the Service, these Terms of Use will control.
D. Registration, User Data and Accounts:
You may register for a user account that enables you
to post content to a blog, message board, chat room or other forum (an
“Account”). You also may be required to otherwise provide information about
yourself in order to use the Service. You agree to: (i) provide true, accurate,
current and complete information about yourself as prompted by the Service and
(ii) maintain and promptly update such data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
incomplete or not current, Devarai has the right to suspend or terminate your
Account and refuse any and all current or future use of the Service by you.
Each user of the Service is allowed a maximum of one
Account per Device. A “Device” must embed Apple’s operating system or the
Android operating system. You may not sell, trade, or otherwise transfer or
assign your Account to another party, except as expressly provided in Section E
of these Terms of Use. You are responsible for maintaining the confidentiality
of your password and Account and agree not to provide your login information to
any other party. You are fully responsible for all activities that occur under
your password or Account with or without your knowledge. You agree to
immediately notify Devarai of any unauthorized use of your password or Account
or any other breach of security.
E. Rights to Use the Service:
Subject to your compliance with these Terms of Use, Devarai
grants you a limited, revocable, non-exclusive, non-transferable,
nonsublicensable license to use and display, solely for your personal,
non-commercial use, solely on a single computer to access the Site and solely
on a Device to access Devarai’s applications, the following: (a) such portions
of the Service as are freely accessible from the Devarai Site or that are, with
Devarai’s authorization, made freely accessible from third party websites or
sources, and (b) provided that you have paid the applicable fees and satisfied
applicable conditions, such other portions of the Service accessible on a
for-payment basis. You may transfer your Account or portions of the Service
from one Device to another only as expressly authorized and enabled by Devarai
through the Service. You will be allowed to transfer the Service to a new
Device so long as you are the owner of both the old and new Devices and the
Account being transferred. After you transfer the Service to a new Device, it
will be automatically removed from the old Device. You agree not to (and not to
attempt to) (i) use the Service for any use or purpose other than as expressly
permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative
works based upon, distribute, license, sell, transfer, publicly display,
publicly perform, transmit, stream, broadcast or otherwise exploit the Service
or any portion of the Service, except as expressly permitted in these Terms of
Use. No licenses or rights are granted to you by implication or otherwise under
any intellectual property rights owned or controlled by Devarai or its
licensors, except for the licenses and rights expressly granted in these Terms
of Use. Without limiting the generality of Section B above, Devarai reserves
the right to modify the license and restrictions set forth in this section and
elsewhere in these Terms of Use in accordance with the terms and conditions of
these Terms of Use, including without limitation by charging fees for such
license.
F. Service Materials, Ownership, Trademarks and
Feedback:
Except for Your Content (as defined below) and except
as otherwise expressly set forth in these Terms of Use, as between you and Devarai,
Devarai and its licensors own and will retain ownership of all right, title and
interest in and to the Service and the Service Materials. “Service Materials”
means all information and materials that are part of the Service, including
without limitation the following: photographs; graphics; layout; text; images;
audio; video; designs; advertising copy; data; logos; domain names; trademarks,
service marks, trade names and other source identifiers; any and all
copyrightable material, including software; the "look and feel" of
the Service or portions thereof; the compilation, assembly and arrangement of
the materials of the Service or portions thereof; and User Content. You
acknowledge and agree that you shall not acquire any ownership rights
whatsoever by downloading Service Materials or by purchasing any Virtual
Currency or Virtual Goods (each as defined below).
You acknowledge and agree that the Service Materials
are protected by, and their use, copying and dissemination may be restricted
by, applicable intellectual property and other laws in both the United States
and other jurisdictions. All rights not expressly granted by these Terms of Use
are reserved by Devarai and its licensors, and no license is granted hereunder
by estoppel, implication or otherwise. You agree not to encumber, license,
modify, publish, copy, sell, transfer, transmit or in any way exploit, any
portion of the Service or Service Materials other than Your Content (as defined
below), nor will you attempt to do so, except as expressly permitted in writing
by Devarai and, as applicable, the owner of such Service Materials (from whom
you are solely responsible for obtaining permission).
The term Devarai, the Devarai logo and other Devarai,
Inc. logos and product and service names are trademarks and service marks of,
and are owned by, Devarai. Except as expressly set forth
herein, you may not use or display such trademarks in any manner without Devarai’s
prior written permission. All third party trademarks and service marks
appearing on the Service are the property of their respective owners. All
rights are reserved therein. Use of any Devarai trademarks or service marks as
"metatags" on other websites is prohibited.
If you provide Devarai with comments, suggestions or
feedback about, or in connection with, the Service (collectively, “Feedback”),
you agree that such Feedback shall be the exclusive property of Devarai, and
you hereby assign all rights, title and interest in and to such Feedback to Devarai.
You agree that unless otherwise prohibited by law, Devarai may use, sell,
disclose and otherwise exploit the Feedback in any way and for any purpose,
without restriction and without compensation to you.
G. User Content:
The Service may invite or enable you and other users
to create, submit, post, display, transmit, perform, publish or distribute
communications, content and materials (including without limitation text,
writings, photographs, graphics, images, comments, personally identifiable
information and so forth), including by making the foregoing available to Devarai
and other users of the Service, whether via e-mail or through online forums,
message boards, messaging services, blogs or other functionality of the Service
or portions thereof (collectively, “User Content”). Devarai has no obligation
to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in
connection with the Service is the sole responsibility of the person from whom
such User Content originated. Devarai has no obligation to pre-screen, review,
examine, evaluate or otherwise monitor any User Content for accuracy,
completeness, timeliness, validity, legality, decency, quality, integrity,
usefulness or any other quality. Devarai makes no, and hereby disclaims any and
all, warranties or other guarantees with respect to User Content. You
understand that your use of the Service is at your own risk and that by using
the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs.
You agree that you must evaluate, and bear all risks associated with, the use
of any User Content available in connection with the Service. Under no
circumstances will Devarai be liable in any way for any User Content made
available via the Service, including, but not limited to, any errors or
omissions in any such User Content, or any loss or damage of any kind incurred
as a result of the use of such User Content.
Notwithstanding the foregoing, Devarai reserves the
right in its sole discretion to pre-screen, review, monitor, refuse, remove
from the Service, censor, edit, alter, delete, disable access to or otherwise
make unavailable any User Content (including without limitation Your Content)
without notice for any reason, including without limitation the violation of
these Terms of Use, or for no reason, at any time. You may bring User Content
that you believe violates these Terms of Use, or other inappropriate user
behavior, to Devarai’s attention by emailing henning@devarai.com.
H. Your Content:
User Content that you make available in connection
with the Service is referred to herein as “Your Content.” You agree that Your
Content is not confidential. You further agree that Your Content will not be
returned to you.
You represent and warrant that Your Content is wholly
original to you and that you exclusively own the rights to Your Content,
including the right to grant all of the rights and licenses in these Terms of
Use without Devarai incurring any third party obligations or liability arising
out of its exercise of such rights and licenses. Devarai does not claim any
ownership rights in Your Content and nothing in these Terms of Use will be
deemed to restrict any rights that you may have to use and exploit Your
Content.
You hereby grant to Devarai a worldwide, irrevocable, perpetual,
non-exclusive, transferable, royalty-free license, (with the right to
sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, stream, broadcast and otherwise
exploit Your Content via the Service or otherwise. You also grant to Devarai
the right to sublicense and authorize others to exercise any of the rights
granted to Devarai under these Terms of Use. You further perpetually and
irrevocably grant Devarai the unconditional right to use and exploit your name,
persona and likeness included in any User Content and in connection with any
User Content, without any obligation to you. Except as prohibited by law, you
waive any rights of attribution and/or any so-called moral rights you may have
in Your Content, regardless whether Your Content is altered or changed in a
manner not agreeable to you.
Devarai has no obligation to monitor or enforce your intellectual
property rights in or to Your Content.
I. Restrictions and Rules of Use:
As a condition of your use of the Service, and without
limiting your other obligations under these Terms of Use, you agree to comply
with the restrictions and rules of use set forth in this Section as well as any
additional restrictions or rules (such as application-specific rules) set forth
in the Service.
The Service is for your personal and noncommercial use only. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, reverse engineer, transfer or sell for
any commercial purposes any portion of the Service, use of the Service or
access to the Service, except for limited reverse engineering activities that
may be, and only to the extent, permitted by applicable law.
You agree to not use the Service to transmit, make available
or otherwise promote or support:
(a) any User
Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of
another's privacy, hateful, discriminatory or disparaging or otherwise
objectionable or inappropriate;
(b) any User Content that promotes illegal activity, such as
drug use;
(c) any User Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships;
(d) any User
Content that infringes any patent, trademark, trade secret, copyright or other
intellectual property, proprietary or other rights of any party;
(e) any unsolicited
or unauthorized advertising, promotional materials, “junk mail,"
“spam," “chain letters," “pyramid schemes," or any other form of
solicitation;
(f) any spyware, passive collection mechanism or any other code
or material that acts as a passive or active information collection or
transmission mechanism;
(g) cheats, hacks,
cracks, malicious programs, viruses or any other computer code, files or
programs that have the effect of or are intended to modify, impair, disrupt,
destroy, interfere with or limit the functionality of the Service or any
portion thereof, take control of any computer software, hardware or
telecommunications equipment or interrupt any user’s uninterrupted use and
enjoyment of the Service; or
(h)
unreleased Service content (such as in-game items or equipment), areas that
have been unlocked by hacking into client data files, or data not available
through normal operation or game play on any portion of the Service.
You further agree not to:
(i) interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
(ii) interfere with, disrupt or circumvent any security feature
of the Service or any feature that restricts or enforces limitations on use of
or access to the Service;
(iii) use the Service to intentionally or unintentionally violate
any applicable local, state, national or international law;
(iv) use the Service to harm minors in any way;
(v) use the Service to reveal any personal information about
another individual, including any information that may be used to track,
contact or impersonate that individual;
(vi) defraud or mislead Devarai or other users or otherwise
engage in any suspicious activity;
(vii) use the
Service to engage in any commercial activity, including without limitation any
attempt to raise money for any party or any purpose or advertise, promote or
attempt to trade or sell a website, pyramid scheme, multi-tiered marketing
scheme or any other product or service of any kind;
(viii) impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(ix) create any
Account by automated means or false pretenses, create more than one Account per
Device, or use any other user’s Account for any purpose, including to circumvent
a suspension or ban;
(x) cheat or use,
develop or distribute automation software programs ("bots"),
"macro" software programs or other "cheat utility" software
program or applications which are designed to modify the Devarai experience to
the detriment of fair play; or
(xi) sell or
transfer the Service (or any portion thereof), your Account or access to your
Account in exchange for legal tender or other actual currency, or for other
goods, services or items of monetary value.
You also agree not to access the Service: (x) by any
means other than through the interface that is provided by Devarai for use in
accessing the Service; (y) through any automated means (including the use of
any script, web crawler, robot, spider, or scraper); or (z) by forging or
manipulating identifiers in order to disguise the origin of any access to the
Service. Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable User Content, and
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
In addition, you agree not to use the Service or any
portion of the Service that enables communications, (for example, email, online
forums, message boards, messaging services or blogs), to: (1) excessively
communicate the same phrase, similar phrases, or gibberish; (2) create undue
discontent or disturbances among other users, such as by picking fights, making
off-topic posts in forums or insulting other users of the Service; (3) post or
transmit non-constructive comments; (4) abuse any functionality enabling
reporting to Devarai by sending false alarms or nonsensical messages; (5) bump
forum threads; (6) number threads or post other non-contributory posts, such as
IBTL (i.e., in before the lock), TLDR (i.e., “too long; didn’t read”) or
“First!” posts; (6) post off-topic comments; (7) commit other actions that Devarai
considers, in its sole discretion, to be “flaming,” “trolling” or “spamming”;
(8) create new threads about existing topics or separate threads about an
existing topic for further discussion in more than one forum (e.g.,
cross-postings); or (9) links to threads from other forums unless previously
approved by a moderator.
These rules of use are not meant to be exhaustive, and
Devarai reserves the right to determine what conduct it considers to be in
violation of the rules of use or otherwise outside the spirit of the Services
and to take action - up to and including termination of your Account and
exclusion from further participation in the Services.
J. Virtual Currency and Goods:
The Service may include virtual currency, such as
cash, coins, points or similar that may be earned or
obtained through the Service or otherwise purchased by you for legal tender or
actual currency, subject to applicable law (such virtual currency, “Virtual
Currency”). The Service may also include virtual digital items, such as assets,
commodities, abilities or other goods that may be earned or obtained through
the Service or otherwise purchased by you for legal tender or actual currency,
or for Virtual Currency, subject to applicable law (such virtual items,
“Virtual Goods”). Devarai reserves the absolute right, at any time and at its
sole discretion, to manage, regulate, control, modify or eliminate Virtual
Currency and/or Virtual Goods as it sees fit, and Devarai shall have no
liability to you or any third party for the exercise of such rights. You shall
have a limited, personal, revocable, non-transferable, non-sublicensable
license to use solely within the Service Virtual Goods and Virtual Currency
that you have earned, purchased or otherwise obtained in a manner authorized by
Devarai. You have no other right, tile or interest in or to any such Virtual
Goods or Virtual Currency appearing or originating in the Service.
You hereby acknowledge and agree that the transfer of
Virtual Currency and Virtual Goods is strictly prohibited except where
expressly authorized in the Service. Outside the Service, you shall not sell,
redeem or otherwise transfer Virtual Currency or Virtual Goods to Devarai, any
other user of the Service or any other party.
You agree that all sales of Virtual Currency and
Virtual Goods are final and, except as determined by Devarai in its sole and
absolute discretion, non-refundable. You acknowledge and agree that upon
termination of these Terms of Use, your Account or the Service for any reason,
including upon Devarai’s discontinuation of the Service or applicable portion
thereof for any reason, all Virtual Currency and Virtual Goods will be
forfeited by you, and Devarai will have no liability to you in connection
therewith.
K. Posting On Other Websites
and Linking to the Service:
Subject to these Terms of Use, Devarai agrees to grant
you a limited, revocable, non-exclusive, non-transferable license to post your
personal Account profile information, such as your achievements in applications
that make up part of the Service, and such other Service Materials as Devarai
may authorize in writing, for non-commercial purposes only and only on your
personal website or on a third party website that permits posting of such
content at the direction of users, provided that such third party website (i)
is not a commercial competitor of Devarai, (ii) does not criticize, or take
other actions that could reasonably expected to result in harm to, Devarai,
(iii) does not obtain any rights to such posted content other than a
non-exclusive license to post it at your direction, (iv) does not charge for
access to such content and does not associate products, services or advertising
with such content, and (v) together with all websites to which it links,
complies with all applicable laws, does not in any way threaten or violate the
intellectual property or other rights of any kind of any third party and does
not host post, publish, distribute, disseminate or facilitate any content that,
if User Content posted on the Service, would violate these Terms of Use (each
such third party website, an “Authorized Website”). The foregoing license is
expressly conditioned on your accompanying each such posting with both (i) a
link to http://www.Devarai.com and (ii) the statement “Copyright Devarai, Inc. All Rights Reserved.
Used With Permission." on every page on which the
posting appears.
Devarai agrees to grant you a non-exclusive, limited
license, revocable at Devarai's discretion, for you to link to Devarai's home
page from any Authorized Website. You may not display the Service or any
portion thereof in frames or "in-line links" without express written
permission from Devarai.
L. Termination:
These Terms of Use will remain effective until terminated by either party.
You may terminate these Terms of Use at any time and
for any reason by (a) sending an email to henning@devarai.com notifying Devarai
of your termination, (b) deleting or otherwise destroying all Service-related
materials and (c) ceasing use of the Service.
Devarai may terminate these Terms of Use, your Account
and your access to the Service (or, at Devarai’s sole option, applicable
portions of the Service) at any time and for any reason. Devarai may, at its option
and in its sole discretion, precede any such termination by issuing you a
warning or other notice, such as upon your violation of these Terms of Use.
However, you acknowledge that Devarai is not required to provide you with any
such notice or warning prior to any such termination under this Section. In
addition, Devarai may notify authorities or take any actions it deems
appropriate (including without limitation suspending your Account and your
access to the Service), without notice to you if Devarai suspects or determines
that you may have (i) failed to comply with any provision of these Terms of Use
or any policies or rules established by Devarai; or (ii) engaged in actions
relating to or in the course of using the Service that may be illegal or cause
liability, harm, embarrassment, harassment, abuse or disruption for you, Devarai,
any third parties or the Service itself.
You may, as the result of termination, lose your
Account and all information and data associated therewith, including without
limitation your usernames, avatars, in-application characters and achievements,
Virtual Currency and Virtual Goods, as applicable. You acknowledge and agree
that upon any termination permitted under these Terms of Use for any reason,
whether by you or Devarai, you will not be entitled to and Devarai will not be
liable to you or any third party for any refund, reimbursement or other
liability. If Devarai terminates your Account, you may not participate in the
Service or any other Devarai service without Devarai’s express written
permission. To request permission for post-termination participation in a Devarai
service, email henning@devarai.com. Devarai reserves the right to refuse to keep Accounts for, and provide
Devarai services to, any individual. You shall not allow individuals whose
Accounts have been terminated by Devarai to use your Account.
M. Disputes With Others:
You are solely responsible for your interaction with other users of the Service
and other parties that you come in contact with through the Service. Devarai
hereby disclaims any and all liability to you or any third party relating to
your use of the Service. You will cooperate fully with Devarai to investigate
any suspected unlawful, fraudulent or improper activity, including, without
limitation, granting Devarai access to any password-protected portions of your
Account. Devarai reserves the right, but has no obligation, to monitor and
manage disputes between you and other users of the Service.
N. Disclaimers of Warranties and Damages, Limitations of Liability:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT
THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND
WITHOUT WARRANTY OF ANY KIND.
THE DEVARAI PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM
ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT
TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, THE DEVARAI PARTIES MAKE NO WARRANTY THAT (a) THE
SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT
WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT
WILL BE ACCURATE OR RELIABLE.
THE “DEVARAI PARTIES” ARE COMPRISED OF DEVARAI AND ITS
AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS AND LICENSORS.
UNDER NO CIRCUMSTANCES SHALL THE DEVARAI PARTIES BE
RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION
OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE
TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DEVARAI
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or exclusion of liability for certain types
of damages. Accordingly, some of the above limitations and disclaimers may not
apply to you. To the extent that Devarai or any other Devarai Party may not, as
a matter of applicable law, disclaim any warranty or limit its liability as set
forth herein, the scope and duration of such warranty and the extent of Devarai’s
and such Devarai Party’s liability shall be the minimum permitted under such
applicable law.
O. Links to External Locations and Third Party
Websites:
The Service may contain links to third-party websites
or resources. You acknowledge and agree that Devarai is not responsible or
liable for: (i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by Devarai of
such websites or resources or the content, products, or services available from
such websites or resources. You acknowledge sole responsibility for and assume
all risk arising from your use of any such websites or resources. Devarai may
remove any links at any time for any reason or for no reason.
P. Indemnification:
You agree to indemnify, defend and hold the Devarai Parties harmless
from and against any and all claims, liabilities, damages, losses, costs,
expenses, fees (including reasonable attorneys' fees and court costs) made by a
third party due to or arising from (1) information in your Account and any
information you (or anyone accessing the Service using your password) submit,
post or transmit through the Service, (2) your (or anyone accessing the Service
using your password) use of the Service, (3) your (or anyone accessing the
Service using your password) violation of these Terms of Use or any applicable
Additional Terms of Use or Third Party Agreements, and (4) your (or anyone
accessing the Service using your password) violation of any rights of any other
person or entity.
Q. Governing Law and Remedies:
These Terms of Use and any action related thereto or to the Service will be
governed by the laws of the State of Bavaria without regard to its conflict
of laws provisions. The exclusive jurisdiction and venue of any action with
respect to the subject matter of these Terms of Use will be the state and federal
courts located in the Northern District of Bavaria, and each of the parties
hereto waives any objection to jurisdiction and venue in such courts. The
parties specifically disclaim application of the United Nations Convention on
Contracts for the International Sale of Goods. You acknowledge that the rights
granted and obligations made to Devarai under these Terms of Use are of a
unique and irreplaceable nature, the loss of which may result in immediate and
irreparable harm to Devarai for which remedies at law are inadequate. Devarai
shall therefore be entitled to seek injunctive or other equitable relief
(without the obligation to post any bond or surety) in the event of any breach
or anticipatory breach by you. You irrevocably waive all rights to seek
injunctive or other equitable relief.
R. Miscellaneous:
You agree to be responsible for obtaining and
maintaining all telephone, computer hardware mobile devices and other equipment
needed for access to and use of the Service, and all charges related thereto.
Devarai operates and controls the Service from its
offices in the United States. Devarai makes no representation that the Service
is appropriate or available in other locations. The information and materials
provided on the Service are not intended for distribution to or use by any
person or entity in any jurisdiction where such distribution or use would be
contrary to law or regulation or which would subject Devarai to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Service from other locations do so on
their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
Portions of the Service may be subject to United
States export controls. You agree to comply with such export controls, as well
as similar such controls in any applicable jurisdiction. Without limiting the
foregoing, you agree that no software from the Service may be downloaded,
exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq,
North Korea, Iran, Syria, or any other country to which the United States has
embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading any software or applicable portion of the Service, you
represent and warrant that you are not located in, under the control of, or a
national or resident of, any such country or on any such list.
You agree that no joint venture, partnership,
employment or agency relationship exists between you and Devarai as a result of
these Terms of Use or your use of the Service. These Terms of Use constitute
the entire agreement between you and Devarai with respect to your use of the
Service and any other subject matter hereof and cannot be changed or modified
by you except as expressly posted on the Service by Devarai. The failure of Devarai
to exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision, and no waiver by either party
of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. If any provision of these Terms of
Use 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
these Terms of Use shall remain in full force and effect. Neither the course of
conduct between the parties nor trade practice will act to modify these Terms
of Use. These Terms of Use may not be assigned by you without Devarai's prior
written consent, but are freely assignable by Devarai. The section headings
used herein are for convenience only and shall not be given any legal import.
Upon Devarai's request, you will furnish Devarai any documentation,
substantiation or releases necessary to verify your compliance with these Terms
of Use. You agree that these Terms of Use will not be construed against Devarai
by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Use and the lack of signing
by the parties hereto to execute these Terms of Use.
You agree that the following sections of these Terms
of Use will survive any termination of these Terms of Use, your Account or the
Service: Section F (Service Materials, Ownership, Trademarks and Feedback),
Section H (Your Content), Section L (Termination), Section M (Disputes with
Others), Section N (Disclaimers of Warranties and Damages, Limitations of
Liability), Section P (Indemnification), Section Q (Governing Law and Remedies
and Section R (Miscellaneous).
Contact Us:
For all correspondence, please email us at henning@devarai.com.
© 2009-2014 Devarai, GMBH.
Last modified: November 9, 2013.