Terms of Service
Last updated: 2020-07-17
To ensure the smooth operation of DeveloperMedia and to ensure that your rights and the rights of DeveloperMedia are protected, we have created a series of legal agreements including these Terms of Service (the “TOS”).
The content on this Site is provided by DeveloperMedia and its licensors and content providers. The “Site” refers collectively to https://developermedia.com or any website that replaces, supplements, or supersedes the Site as the website of DeveloperMedia.
TERMS OF SERVICE: The basic agreement is the TOS which you are now reading. The TOS set out the legal terms by which DeveloperMedia makes the Site and services available. When you visit the Site or use any DeveloperMedia Service (defined below) you agree to comply with the TOS, as revised and updated from time-to-time.
FOR CONTRIBUTORS OF DOCUMENTS: If you contribute documents, articles or reviews in any form or media (“Documents”), you (“Contributor”) give us the necessary rights to edit and post and maintain your Document (and the edited version), and to prevent unauthorized uses by end-users of Documents that we edit. Users are given rights to read your Document, but no rights to republish or otherwise distribute your Document. DeveloperMedia will retain your copyright notices, and can publish your name and site ID with your posting. If we edit your Document, we will own the edited version, and you will own your original version. We cannot publish our edited version other than on the Site, without your consent. If you desire end users to be able to contact you, you should advise DeveloperMedia so your contact information can be published. If your Document has been previously published, that publisher may have rights, and if so, you must obtain all required consents before posting the Document on DeveloperMedia. If your Document contains images, audio, or video, we require that you have obtained consents from all persons depicted, seen, or heard, the owners of any places depicted, and any other rights holders. If you are submitting a Document in response to an RFP from a third party through DeveloperMedia, all ownership rights and any other rights and responsibilities are governed by the agreement between you and the party requesting the RFP. DeveloperMedia shall not retain any rights in such Documents, or have any responsibility for the contents of such Documents.
FOR USERS OF DOCUMENTS: We require that you respect our Contributors. In general, all rights, except the right to read/view/listen to posted Documents for your personal non-commercial use are reserved to the Contributors, or to us. If you are submitting an RFP for a Document from a Contributor, your use of the Document is governed by any agreement entered into with the Contributor. DeveloperMedia shall not retain any rights in such Documents, or have any responsibility for the contents of such Documents.
CONTENT PROVIDER PORTAL: By registering with DeveloperMedia, you may be able to access a secure portal (the “Content Provider Portal”) that provides you with access to Documents and other materials and forums, allows Contributors to submit Documents and other materials, and facilitates communication, such as requesting and responding to RFPs for Documents. As a Contributor, you can provide your contact information to allow registrants to contact you directly. DeveloperMedia has no responsibility for any contacts between registrants and Contributors facilitated through the Content Provider Portal, and any Contributors providing their contact information are doing so at their own risk.
ADVERTISING SERVICES: In addition to these TOS, you also must read and agree to a separate Advertising Agreement if you are engaging DeveloperMedia for digital advertising services, including without limitation posting advertisements, creating content, , lead generation, managing on-line contests, providing industry information and data, and utilizing DeveloperMedia’s network of affiliated and third-party websites (“Publisher Websites”) to display advertisements (either as a “Publisher” or advertiser).
1. YOUR ACCEPTANCE OF THE TERMS OF SERVICE
DeveloperMedia provides its Services (as defined below) to you, subject to these TOS, which may be updated by us from time to time without providing advance notice to you. You can review the most current version of the TOS at any time at: https://developermedia.com/terms-of-service/.
In addition, when using particular DeveloperMedia Services, you may be subject to guidelines, rules or additional terms (which may be posted from time to time) applicable to such Services which, unless otherwise stated, incorporate the TOS and are incorporated by reference into the TOS, including without limitation, the Advertising Agreement. DeveloperMedia may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICES
What is DeveloperMedia?
DeveloperMedia provides the following Services:
- The ability to access and submit Documents (articles and other informational material);
- Access to a secure portal (the “Content Provider Portal”) to facilitate communication between Contributors and members, including communication forums, blogs and the ability to submit and respond to requests for proposals (RFPs), and to access Documents and other content and information.
- Access to industry and product-specific news, trends and data;
- Online communities, such as bulletin boards, mail lists, chat rooms/events or other communication forums where you can find Documents;
- Digital advertising services, including DeveloperMedia creating content (“Ads”) for you, integrating Ads and/or your own content with content provided by third party publishers (“Publisher Content”), and displaying Ads, Publisher Content or your own advertising content on Publisher Websites;
- Receive newsletters and other information from DeveloperMedia and our network; and
- A variety of other services
These are collectively referred to as the “Services”. Documents, Ads, Comments, Submissions and any other material posted to the Site are collectively referred to as “Content”. All Services offered by DeveloperMedia, including any updates, enhancements, new features, and/or the addition of any new web properties or services, are subject to the TOS.
In order to enable DeveloperMedia to host and operate the Site, we need to impose legal terms on you that establish our basic rights and responsibilities between us, and restrict your ability to take actions against us that could increase our costs of operating the site, or impose onerous obligations on us.
3. USE OF SERVICES
Your use of the Services is subject to your continued compliance with any applicable laws, these TOS and any other agreements, guidelines or rules that DeveloperMedia may post with respect to its Services. We can terminate your access to the Site without warning if you fail to do so.
4. GENERAL RULE
Our general rule is that unless expressly stated otherwise, all rights in any Documents, Ads, Publisher Content, and Publisher Websites are reserved by the Contributor, rights holder and/or DeveloperMedia, and our Services are solely for your personal and non-commercial use. Unless expressly authorized, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, assign, create derivative works from, transfer, lease, rent or sell any Content obtained from our Site.
You do not need to register on the Site to gain access to publicly available Documents and other content, but you are required to register with DeveloperMedia if you want to access the Content Provider Portal.
Upon registering, DeveloperMedia will provide you with a password and a Site ID. You are responsible for maintaining the confidentiality of your password and Site ID. You are responsible for any activities that occur under your password or Site ID. You agree to notify DeveloperMedia immediately of any unauthorized use of your password or Site ID or any other breach of security. You agree to log out of this Site after every session so as to protect your password and Site ID from breaches of security and to enhance the access to DeveloperMedia for those still accessing this Site. DeveloperMedia will not be responsible or liable, directly or indirectly, in any way for any loss or damage that you may incur as a result of or in connection with someone else using your password or Site ID, either with or without your knowledge. However, you could be held liable for losses incurred by DeveloperMedia or another party due to someone else using your Site ID or password if you have been negligent or have willfully aided, abetted, assisted, or acquiesced in that misuse. You may not use anyone else’s password or Site ID at any time, without the permission of the bona fide holder.
You must be 13 years or older to use the Site or any Service and must be 18 years or older to register with DeveloperMedia.
In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor. You acknowledge and understand that some Site areas may contain material that is inappropriate for minors.
Your rights to use Documents
DeveloperMedia and its Contributors grant limited permission to use Documents. All rights not expressly granted, are reserved. Subject to the terms of a specific agreement entered into between you and DeveloperMedia, the following conditions apply to the use of Documents:
- Copyright Notices. You agree not to remove any copyright notices and you must include such notices in any use you make of any Document.
- Use. You may only use Documents for your own private non-commercial use. You may not resell, republish, or contribute/post the Document to any other website or other publishing forum or media unless you are the copyright holder of the Document.
- Schools. Documents may be used by accredited educational institutions such as K-12, universities, private/public colleges, and provincial/state community colleges, for teaching, instructional or research purposes, subject to any applicable copyright laws governing the use of such materials. Distribution outside the classroom requires express written permission of the Document author(s) and DeveloperMedia.
- Limitation on Re-Use of Material. You may NOT redistribute, sell, or repost for download any Documents found on the Site in its original form or as a compilation on any medium (CD-ROM, website, etc.) without the express written permission of the author(s) and DeveloperMedia. Combining another author’s work on the Site with your own work and posting this with DeveloperMedia is acceptable as long as credit is given within the article text and all copyright notices in the original work remains intact. All uses specifically allowed must include a prominent link to the original article and reference DeveloperMedia and its URL (https://developermedia.com).
RFPs for Documents
You can submit an RFP to Contributors for a Document through the Content Provider Portal. If you are requesting or responding to an RFP, each party’s rights and responsibilities are governed by any agreement entered into between those parties. DeveloperMedia shall not retain any rights in such Documents, or have any responsibility for the contents of such Documents or the relationship between the parties requesting and responding to an RFP.
9. USE OF THE SITE
You do not have the right to copy or use the design or layout of the Site. Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by DeveloperMedia.
DeveloperMedia reserves the right at all times to disclose any information as DeveloperMedia deems necessary to satisfy any applicable law, regulation, legal process, court order or governmental request.
10. COMMUNITY STANDARDS
All Content, Publisher Content, and any other content provided by Contributors or third parties are the sole responsibility of the party providing or posting such material. We do not guarantee a person’s identity. Do not assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Content may include material that some persons will find offensive, indecent or objectionable. Always use caution when giving out any personally identifiable information in using any Services, including without limitation, if you are Contributor that publishes your contact information in the Content Provider Portal.
Nothing submitted to DeveloperMedia or posted on the Site shall be deemed to be confidential. Do not reveal any personal information, including without limitation, health, financial and personally identifiable information, if you do not wish this information to be published. You must not reveal the personal information of third parties without their express written consent.
DeveloperMedia does not control or endorse the content, messages or information found in any Content, Publisher Content, Publisher Websites, Comments or other material submitted to the Site, and is not and cannot be responsible for content, messages or information, or the accuracy, integrity, or quality thereof. DeveloperMedia will not be responsible for any reliance or decisions made based on such content, messages or information. Site managers, administrators, and hosts may not be authorized spokespersons of DeveloperMedia, and their views do not necessarily reflect those of DeveloperMedia.
11. YOUR USE OF THE SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with others. You agree to use the Services only to post, send and receive messages and material that are appropriate and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using the Services, you will not:
- Use the Services in connection with surveys, contests, promotions, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Upload, post, email, otherwise transmit, or post links to DeveloperMedia with respect to any raffle, contest or game requiring a fee by participants.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, discriminatory, obscene, indecent or unlawful content, or any content that constitutes a hate crime.
- Upload, post, email, otherwise transmit, or post links that exploit the images of minors under the age of 18, or that disclose personally-identifying information belonging to minors under 18 or harm minors in any other way or make any sexual request on behalf of a minor or make any sexual request of a minor.
- “Stalk” or otherwise harass another person.
- Use, download or otherwise copy, or make available (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof;
- Upload, download, use, or otherwise copy, or make available (whether or not for a fee) any file that contains text, images, photographs, software or other material protected by trade secret, or any intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark, service mark, trade secret, trade dress or patent laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, or violates any other applicable law.
- Modify, publish, transmit, settle, transfer, sell, lease, rent, license, sublicense, assign, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit DeveloperMedia data other than for the limited purposes for which material is licensed for your use.
- Use or exploit any part of the Site or any software deployed in connection with the Site as, or as the content of, a service offered or supplied to other persons or entities without the express written consent of DeveloperMedia. For example, you will not create a site or maintain a site that links to our Site for the purpose of using, indexing, reformatting, or searching and retrieving, material from our site for the benefit of users of your site, without our knowledge and express written consent; we want those users to come directly to our site to obtain material as we have spent considerable time, effort, and financial resources to build and maintain the Site and to attract submissions of Documents, and to attract a wide base of users.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, attempt to obtain the source code from, create derivative works from, or sublicense any software deployed in connection with DeveloperMedia’s delivery and operations. Your access to DeveloperMedia is solely limited to your rights to use Services to which you are entitled to use, and only for the limited purposes of your licensed use of such Services.
- Upload, post, email, otherwise transmit, or post links to, any content that facilitates hacking or that promotes any illegal activity, including instructions for illegal activity.
- Upload files that contain viruses, worms, Trojan horses, time bombs, trap doors, cancelbots, corrupted files, or any other similar software or programs or malicious code that may damage the operation of another’s computer, computer system or property of another or are intended to disrupt, destroy or limit the functionality of DeveloperMedia.
- Use automated means, including spiders, robots, crawlers, agents, or the like to download data from any database of DeveloperMedia, or from the Site itself (for example, site or page scraping is prohibited).
- Exploit known or unknown weaknesses of the scripts or servers to disrupt or alter the Site’s operation.
- Advertise or offer to sell or buy any goods or services for any business purpose unless you are specifically permitted to do so.
- Download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Modify, falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Harvest or otherwise collect or store information about others, including e-mail addresses.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Impersonate any person, including an employee, contractor, forum leader, guide or host of DeveloperMedia, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through DeveloperMedia.
- Create multiple accounts with the purpose of altering polls or affecting voting.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to the DeveloperMedia community or violates the spirit of the TOS.
- Breach any posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download any materials.
To enable DeveloperMedia to act without repercussion to protect against people we believe are abusing or violating the TOS or the spirit of DeveloperMedia or the Site, DeveloperMedia reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the TOS, any specific requirements, procedures, policies or regulations of DeveloperMedia, or any other agreement between you and DeveloperMedia. You may not use the Services in any manner that could damage, disable, overburden, or impair any server of DeveloperMedia’s site, or the network(s) connected to server running DeveloperMedia, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any server of DeveloperMedia or to any of the Services, through hacking, password mining or any other means. You may not access DeveloperMedia after your account or access has been terminated by DeveloperMedia. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
12. COMMENTS POSTED TO THE SITE
DeveloperMedia has no obligation to monitor its Services or to review or moderate any messages, comments or material submitted or posted to the Site, including without limitation, in the Content Provider Portal and any ratings and reviews of Contributors (“Comments”). However, DeveloperMedia reserves the right and sole discretion to review, delete or modify Comments, to publish, remove or block access to any Comments that are available through DeveloperMedia, for any reason whatsoever, at any time.
In addition to the foregoing restrictions on the use of the Services, those reading and posting Comments on the Site agree that any Comments posted on the Site are provided solely by the posting individual, and DeveloperMedia is in no way responsible for the content of any Comments or for the use or non-use of Comments.
DeveloperMedia reserves the right (but is not obligated) to do any or all of the following:
- Record or monitor any Comments.
- Investigate an allegation that any Comments do not comply with the TOS and determine in its sole discretion to remove or request the removal of the Comments.
- Delete, move or edit Comments that DeveloperMedia determines in its sole discretion violates the TOS or the spirit of DeveloperMedia, including Comments that are abusive, defamatory, obscene, violate intellectual property rights, or are illegal, disruptive, or otherwise unacceptable for any reason.
- Terminate a user’s access to any or all of the Services or the Site.
DeveloperMedia reserves the right to take any action it deems necessary to protect the personal safety of our guests, members or the public and to maintain the integrity of the DeveloperMedia community.
Contributor Ratings and Reviews
Contributors acknowledge that they may receive positive or negative comments, such as ratings and reviews that appear in the Content Provider Portal about your work, and that there is a chance those Comments may harm your professional reputation and that such Comments may not be removed by DeveloperMedia if we determine in our sole discretion that they do not constitute a violation of the TOS. Contributors agree to waive any claim that they may have against DeveloperMedia relating to any Comment about Documents or other material that Contributors have submitted to the Site.
13. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION
DISCLAIMER: DEVELOPERMEDIA AND/OR ITS RESPECTIVE SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY SERVICE OR CONTENT. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. DEVELOPERMEDIA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ANY ALL WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, DEVELOPERMEDIA DISCLAIMS ANY WARRANTY THAT YOUR USE OF ANY SERVICE OR CONTENT WILL MEET ANY OR ALL OF YOUR REQUIREMENTS OR THAT SUCH USE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS-FREE OR SECURE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL DEVELOPERMEDIA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOVER UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE, NON-USE OR PERFORMANCE OF ANY SERVICE OR CONTENT. DeveloperMedia’s maximum liability under or related to this agreement shall in no event exceed the aggregate AMOUNT of all payments made to DeveloperMedia PURSUANT TO this OR ANY OTHER Agreement entered into BETWEEN YOU AND DEVELOPERMEDIA.
INDEMNIFICATION: You shall defend, indemnify and hold harmless DeveloperMedia, its affiliates, subsidiaries, directors, officers, employees, contractors, agents, and assigns, from and against any claims, damages, liabilities, actions, judgments, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or in connection with (i) your use, misuse, reliance upon, or inability to use any Services or Content; (ii) DeveloperMedia’s, use, misuse, or non-use of any Content that you have submitted; (iii) any bugs, viruses or other malicious code, errors in, interruption, suspension, or termination of any Services caused by any Content that you have submitted; or (iv) your breach of this Agreement and/or any other applicable rule, guideline or term governing your use of the Site, Services or Content.
14. PAYMENT AND FEES
If you have signed up for a Service that requires payment (a “Pay Service”), you have the option of paying by credit card or other authorized method as long as your subscription to the Pay Service remains active. DeveloperMedia reserves the right to modify the pricing for any Pay Service without providing advance notice to you or requiring your consent. You may terminate your subscription to a Pay Service by providing written notice to DeveloperMedia thirty (30) days in advance of termination. Any fees paid for Pay Services are non-refundable and there are no refunds or credits for partial months of service. All fees are exclusive of taxes, levies or duties imposed. Additional terms and conditions governing the payment of fees for any Pay Service shall be provided in the invoice provided by DeveloperMedia to you when you subscribe to the Pay Service.
15. LIMITATION OF ACTION
In the event that any action or other proceeding is sought to be brought against DeveloperMedia for any purpose, you agree, notwithstanding any legislative Statute of Limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against DeveloperMedia and any persons who in law or at equity could claim contribution or indemnity against DeveloperMedia.
16. ADVERTISEMENTS AND LINKS TO OTHER SITES
We will disclose what the law says we are required to disclose. Nothing more.
DeveloperMedia reserves the right at all times to disclose any information as DeveloperMedia deems necessary to satisfy any applicable law, regulation, legal process, court order or governmental request.
18. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS – DMCA NOTICE
Infringement claims procedures
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of DeveloperMedia not to permit materials known by DeveloperMedia to be infringing to remain on the Site. You should notify DeveloperMedia promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes, and directories linked to the Site, infringe a third party copyright. Upon DeveloperMedia receiving a proper notice of claimed infringement under the Digital Millennium Copyright Act and applicable laws of other jurisdictions (collectively the “DMCA”), DeveloperMedia will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA with respect to the rights of the notifying party and the alleged infringer who provided the content at issue.
Please contact the DeveloperMedia representative listed at the bottom of this section for copyright infringement notices only. If you have a question about your account on DeveloperMedia, a general question, or any other Customer Service inquiry, please send us an email, or call us at +1 416-849-8900 x 100, Monday through Friday from 9 AM to 6 PM, Eastern Time.
To provide notice of claimed copyright infringement only:
503-250 Ferrand Drive
Toronto, Ontario, M3C 3G8, Canada
Attn: DMCA Notification
DeveloperMedia, its successors and assigns, shall have the unrestricted right to assign or transfer this Agreement, all other agreements between the parties, and all DeveloperMedia’s benefits in their absolute discretion at any time. You may not assign this Agreement or any rights or obligation hereunder without prior written consent from DeveloperMedia.
20. GOVERNING LAW
This Agreement and all other agreements between the parties, their interpretation and enforcement are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of law provisions therein. You agree that any dispute or claim arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the provincial and federal courts located in Toronto, Ontario, Canada to the exclusion of the courts in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and applicable local laws incorporating or embodying its terms or intent does not apply to this Agreement or any other agreements between the parties.
21. RELATIONSHIP OF PARTIES
You and DeveloperMedia are independent contractors. Nothing in this Agreement or any schedules or documents incorporated by reference herein or into which this Agreement is incorporated by reference into, create a partnership, joint venture, agency, or employment relationship between you and DeveloperMedia or give you any rights or authority to bind DeveloperMedia to any contractual or other obligations.
22. SUBMISSION OF IDEAS AND SUGGESTIONS
DeveloperMedia does not accept or consider unsolicited ideas, including new ideas and suggestions as to improvements to the Site, marketing, advertising, promotions, new product and service offerings, product and service names and marks (“Submissions”). Please do not send any original creative artwork, samples, demos, or other works for any such purposes. We wish to avoid confusion or misunderstanding or dispute when DeveloperMedia’s products, services or strategies might seem similar to Submissions. Consequently, we advise you that any Submission made to DeveloperMedia will not be treated as your proprietary information, and will be received by DeveloperMedia without any obligations of confidence whatsoever. You grant DeveloperMedia, its affiliated companies and necessary sub-licensees, permission to use and a grant of a worldwide, irrevocable, fully assignable and transferable right and license in perpetuity at no cost to use and apply your Submission for any purpose(s) DeveloperMedia considers fit in its sole discretion. DeveloperMedia is under no obligation to use your Submission or pay you anything for your Submission. You confirm that you own or otherwise control all of the rights to your Submission, including without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submission, or for DeveloperMedia to use your Submission.
If you identify problems with the usability, operability, or interoperability of DeveloperMedia or any Services, you may deliver or suggest amendments or “bug fixes” for DeveloperMedia’s consideration. DeveloperMedia shall have the absolute right to incorporate all such amendments or “bug fixes” accepted by DeveloperMedia into products and Services provided by DeveloperMedia for all purposes, without any payment or other compensation to you. All right, title and interest to any submitted amendments or “bug fixes”, whether accepted or not, shall transfer to DeveloperMedia at no cost for DeveloperMedia to use in perpetuity without any restrictions.
If you wish to present a business proposition between yourself and DeveloperMedia on a confidential basis, you should first enter into negotiations with DeveloperMedia to sign a non-disclosure agreement, and only after such non-disclosure agreement is signed will any disclosure be deemed confidential, and only to the extent and for the purposes contained in that agreement.
If any provision of the TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the TOS, which shall remain in full force and effect. The failure of DeveloperMedia to enforce any part of the TOS shall not constitute a waiver of its right to later enforce that part or any part of this Agreement. In the event that the TOS is translated into other languages and there is a discrepancy between any two language versions, the English version shall control to the extent that such discrepancy is the result of an error in translation. The headings used in the TOS are for convenience only and are not to be considered in construing or interpreting this Agreement. Your obligations to DeveloperMedia contained in the TOS and in all applicable agreements between yourself and DeveloperMedia shall survive termination.
24. COPYRIGHT NOTICE
Copyright © 2014 DeveloperMedia, 503-250 Ferrand Drive Toronto Ontario, M3C 3G8 Canada.
Any rights not expressly granted herein are reserved. Specific material may also be the copyright of the respective authors/owners.
25. TRADEMARK NOTICE
DeveloperMedia™, CodeProject™, CodeProject.com™, GitMachine™, are trademarks or service marks of DeveloperMedia. All other trademarks published on the Site are trademarks of the respective owners.
By using any of the Services or Content on this Site or accessing the Site, you acknowledge and understand that you have read and agreed to these Terms of Service, which will be strictly enforced.