Please read this agreement carefully as it contains important information regarding your legal rights, remedies, and obligations. Each time you use the site, your use indicates your full acceptance of and agreement to abide by this agreement in its then current form. If you do not accept the terms and conditions stated in this agreement, do not use the site.
1. General
1.1 This agreement governs your use of the websites operated by Demand Bytes ,and the related services (collectively, the “Service”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions, are referred to as this “Agreement.”
1.2 Demand Bytes reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Demand Bytes as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
1.3 Use of personally identifiable information: Personally identifiable information submitted by you to Demand Bytes through forms on the Site is treated according to Demand Bytes’s Privacy Policy located on this Site. You agree you have read and understand the Privacy Policy.
As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. If you are a Registered User, Demand Bytes will issue to you certain passwords and user identification numbers for access to certain areas of the Site. You agree not to disclose such passwords and user identification numbers issued to you to any third party.
In order to use certain Demand Bytes Services, you will be required to register with Demand Bytes. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Demand Bytes has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Demand Bytes has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
2. Use of Content
2.1 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Demand Bytes or third parties. All Content on the Service is copyrighted as a collective work of Demand Bytes pursuant to applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members and are not permitted to use the Service for any purpose, including but not limited to collecting usernames and /or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
In many cases, users are invited to submit Content, which includes but is not limited to such items as documents, source code, product reviews and ratings, topical questions or responses submitted through the Demand Bytes professional network or other forums, to Demand Bytes for publication, circulation, or distribution. Demand Bytes does not claim ownership of Content submitted, but by submitting such Content users grant Demand Bytes a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense submitted Content.
Demand Bytes reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of Demand Bytes.
Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets or other proprietary rights.
Individuals submitting Content certify that their submissions (including but not limited to source code) contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses.
Demand Bytes assumes no liability with respect to disputes over Content ownership, copyright, or trademarks.
In the event that Demand Bytes is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, Demand Bytes will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question.
3. Rules of Conduct
While using the Site, Services, and any information or products contained on the Site, you agree to comply with all applicable laws, rules, and regulations. You agree to use our professional network, bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum. Without limiting any of the foregoing, you agree that you will not use our Site to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of another person or advocate any of the foregoing;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, worms, Trojan horses, corrupted files, or any other similar software or programs that may damage, disrupt, or adversely affect the operation of another person’s computer, the Sites, any software or hardware, or telecommunications equipment;
- Advertise, promote, solicit, or offer to sell any goods or services for any commercial purpose unless you have our prior written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Interfere with or violate any other Site user’s right to privacy; solicit, collect or store personal information about other users of the Site without their express consent;
- Impersonate any person or entity, including, but not limited to, a Demand Bytes representative, or falsely state or imply, or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site;
- Use the Site or the materials contained on the Site for any fraudulent or unlawful purpose.
- Interfere with or disrupt our Site, servers, or networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- “Frame” or “mirror” any part of the Site without our prior written authorization.
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to access, monitor, copy, retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, any part of the Site, or its contents. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
4. Managing Content
Demand Bytes reserves the right to delete, move or edit any Content (including Material posted in any interactive area of the Service) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, Demand Bytes does not and cannot review all of the Content posted by users on the Service and is not responsible for such Content. You shall remain solely responsible for all Material. Although Demand Bytes reserves the right to remove any offending Content on the Service, you understand and agree that you nonetheless may be exposed to such Material and that you further waive your right to any damages (from any party) related to such exposure. Additionally, Demand Bytes shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
Demand Bytes may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. Demand Bytes, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Demand Bytes does not make any endorsements of such communications nor representations that such communications are true and accurate. You should be cautious when acting on information provided by contributors to these chat rooms, bulletin boards and other forums. You should not rely upon the information and opinions of the chat rooms, bulletin boards or other forums.
5. No Endorsement
5.1 Demand Bytes does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Demand Bytes.
5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that Demand Bytes is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
6. Indemnity
You will indemnify and hold Demand Bytes, and its subsidiaries, affiliates, officers, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys’ fees, which may arise from a breach of these Terms of Use or to your violation of these Terms of Use, including any content submitted to, uploaded to, or transmitted via Demand Bytes by you.
7. Termination of Service
Demand Bytes reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. The terms of this Agreement shall survive any termination of your membership. Demand Bytes may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the professional network), without prior notice or liability.
8. Limitation of Liability
While we use reasonable efforts to include accurate and up-to-date information on the service, we make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, source code, documents, submitted content including questions and responses posted via Demand Bytes professional network, or other materials available through the service, and you should not rely upon them. We provide the service on an “as is, as available” basis. You use it at your own risk, and Demand Bytes, its employees, directors, and agents are not liable for any errors or omissions in its content or delivery, or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from its use. We expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement. No warranty not set forth in this agreement will be valid. If any of the above provisions are void under governing law, our liability shall be limited to the extent permitted by law.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges that Demand Bytes is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
Demand Bytes shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. User hereby acknowledges that the provisions of this section shall apply to all content on the service.
9. System Outages
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for (i) the resulting unavailability of the Site; (ii) any loss of data or transactions caused by planned or unplanned system outages; (iii) the resultant delay, misdelivery or nondelivery of information caused by such system outages, or (iv) any third party acts or any other outages of web host providers or the Internet facilities and network that is external to the Site.
10. Member Disputes
You are solely responsible for your interactions with other Members of the Service. Demand Bytes reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, 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.
