1. USERS. You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate Your access to the Site or Services (or any portion thereof).
3. THE SERVICES. You understand, acknowledge and agree that we provide the Site and Services as a tool to enable You to [participate in forums or events to present or provide feedback on new ideas, technology, products or companies through our uniquely powered mobile applications]. We do not provide any advice with respect to the presentations, new ideas, technology, products or companies. You agree that we shall have no liability for any losses You might incur as a result of participating in a MoDevNetwork event or from transactions into which You may enter with, by or through any presenter or other attendee in any of our forums by using Site or Services. We may attempt to forward Your information to certain companies and other presenters. However, we do not guarantee that any such company will contact You. Whether such company contacts You is based upon the decision of the participating company. [You also authorize us to forward Your information to our network of participating users.] You understand that the presenters, sponsors and other users may keep Your information, whether or not You complete a transaction with them. You hereby authorize the potential company to contact You directly either by phone, mail, or email. You understand and agree that nothing on the Site or through the Services constitutes an offer, promise, solicitation or otherwise, either to enter into any transaction, or that any participating presenter will enter into a transaction on any specific terms. YOU UNDERSTAND THAT INFORMATION THAT YOU SUBMIT TO US FOR PURPOSES OF BEING CONTACTED BY ANOTHER MoDevNetwork PARTICIPANT IS SUBMITTED PRECISELY FOR THE PURPOSE OF DISCLOSURE IN A VARIETY OF MEDIA AND CHANNELS, AND THEREFORE SUCH INFORMATION IS NOT SUBJECT TO ANY CONFIDENTIALITY OBLIGATION.
4. RULES REGARDING INFORMATION AND OTHER CONTENT. When You access the Site and/or Services, You obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site or through the Services by You. As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the Site or through the Services. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of Your intellectual property rights related to that Content, to the extent necessary for us to provide the Services. You also authorize us to sublicense those rights to our contractors who help us provide the Services. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:
• Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
• violates the privacy, publicity, or other rights of third parties;
• is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by MoDevNetwork in its sole discretion; or is false or inaccurate.
5. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that You will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You, or do any of the following:
• Conduct or promote any illegal activities while using the Site or Services;
• upload, distribute or print anything that may be harmful to minors;
• attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Site or Services to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
• use the Site or Services to stalk, harass or harm another individual;
• use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
• interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
• impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
• frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
7. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
10. DURATION OF ACCESS. You agree that MoDevNetwork, in its sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in its sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR USER CONTENT.
11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED BY MoDevNetwork ON AN “AS IS” AND “AS AVAILABLE” BASIS. MoDevNetwork EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. MoDevNetwork MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MoDevNetwork MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE, SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE AND OUR AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE AND SERVICES, MoDevNetwork DOES NOT GUARANTEE ANY RESULTS THROUGH USE OF THE SITE OR SERVICES, AND IS NOT RESPONSIBLE FOR ANY PURCHASE OR SALES DECISIONS.
12. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MoDevNetwork OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR PRESENTERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR PRESENTER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL MoDevNetwork BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF MoDevNetwork TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES WITH RESPECT TO SUCH CLAIM; OR (II) FIVE DOLLARS (U.S. $5.00). NOTWITHSTANDING THE FOREGOING, THE AGGREGATE LIABILITY OF MoDevNetwork TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES; OR (B) FIFTY DOLLARS (U.S. $50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
MoDevNetwork RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR, OR TAKE ANY ACTION MoDevNetwork DEEMS APPROPRIATE REGARDING, DISPUTES THAT YOU MAY HAVE WITH USERS, PRESENTERS OR OTHER CUSTOMERS OF OURS. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES AND FROM CLAIMS RELATED TO THE CONDUCT OF ANY USER, PRESENTER OR OTHER CUSTOMERS OF OURS.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL MoDevNetwork OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
13. LINKING TO THE SITE. You may provide links to the Site, provided that You (a) do not remove or obscure, by framing or otherwise, advertisements, proprietary notices, or other notices on the Site, and (b) discontinue providing links to the Site immediately upon our request.
14. COPYRIGHTS VIOLATIONS. We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that You claim has been infringed;
• a description of where the material that You claim is infringing is located on the Site or Services;
• Your address, telephone number, and email address;
• a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site or Services can be reached by directing an e-mail to the [Pete Erickson] at [pete@MoDevNetwork.com].
16. By registering for an event produced by Modev, you hereby grant Modev, its directors, officers, employees, agents, and designees (collectively “Modev”) non-revocable permission to capture your image and likeness in photographs, videotapes, motion pictures, recordings, or any other media (collectively “Images”). You acknowledge that Modev will own such Images and further grant the Modev permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to Modev business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. You further waive any right to inspect or approve the use of the Image by the Modev prior to its use. You forever release and hold Modev harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the Images, including without limitation, claims for invasion of privacy rights or publicity.
17. HACKATHON TERMS. Modev often organizes hackathons on behalf of companies. Unless otherwise stated in the hackathon registration process, our events follow a standard IP and Copywrite use agreement. All submissions created at our hackathon events remain the intellectual property of the individuals or organizations that developed them. By registering via our website, you consent to these terms. All participants agree to provide the organizers, sponsors and partners with an irrevocable, nonexlusive, royalty-free license to demo, display and/or advertise the application to the general public for marketing purposes. Participants represent and warrant that he or she is the sole author and copyright owner of the application and that the application is the original work of the Participant or based on an existing application that the Participant has acquired sufficient rights to use and to authorize others, including the event organizers and sponsors to use the Submission. Participants also ensure that the Submission does not infringe upon any copyright or upon any other third party rights of which the Participant is aware, and that the Submission is free of malware.
LAST UPDATED. March 2018