1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our discretion, to change, modify or otherwise alter these terms and conditions at any time. You must review this agreement on a regular basis to keep yourself apprised of any changes.
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item of content that you post, email or otherwise make available via the service. Likewise, if you request the assistance of Devon Partnerships to post content, or if you consent that the Devon Partnerships may post content on your behalf, either by written or oral means, or you fail to inform the Devon Partnerships that content should be removed, you are equally responsible for the content. You waive any and all claims against the Devon Partnerships of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on the Devon Partnerships. You understand that Devon Partnerships does not control, and is not responsible for personal content made available through the service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, the Devon Partnerships and Content available through the Service may contain links to other websites, which are completely independent of Devon Partnerships. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will the Devon Partnerships be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that the Devon Partnerships does not pre-screen or approve Content, but that the Devon Partnerships shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Devon Partnerships and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the Devon Partnerships, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services.
You agree that the Devon Partnerships shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that the Devon Partnerships is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release the Devon Partnerships, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to the Devon Partnerships agent for notice of claims of copyright or other intellectual property infringement:
Please include the following with your Notice to our Abuse Agent:
The identity of the material on the Devon Partnerships that you claim is infringing, in sufficient detail so that we may locate it on the website;
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;
Your address, telephone number, and email address;
A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
Your physical or electronic signature.
6. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, colour, religion, sex, national origin, age, or disability;
that impersonates any person or entity, including, but not limited to, a the cornish partherships employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is fraudulent, false, deceptive, misleading, deceitful, mis informative, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of the Devon Partnerships which are not designated for such purposes;
or emailed to the Devon Partnerships users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
“stalk” or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by the cornish partherships;
post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum;
attempt to gain unauthorized access to the Devon Partnerships computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Devon Partnerships;
or use any form of automated device or computer program that enables the submission of Content on the Devon Partnerships without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to the Devon Partnerships email addresses or through the Devon Partnerships computer systems is expressly prohibited by these TOU. Any unauthorized use of the cDevon Partnerships computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
10. ACCESS TO THE SERVICE
the Devon Partnerships grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the cornish partherships. A limited exception to (b) 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 Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
the Devon Partnerships does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by the Devon Partnerships to do so. You may create a hyperlink to the home page of the Devon Partnerships, so long as the link does not portray the Devon Partnerships, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
the Devon Partnerships may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. theDevon Partnerships permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “theDevon Partnerships” as the source, (d) your use or display does not suggest that theDevon Partnerships promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden theDevon Partnerships systems. theDevon Partnerships reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by the Devon Partnerships immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from theDevon Partnerships that has been signed by one of theDevon Partnerships authorized representatives.
11. TERMINATION OF SERVICE
You agree that theDevon Partnerships, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if theDevon Partnerships believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that theDevon Partnerships shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.
12. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the cornish partherships. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of theDevon Partnerships, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. theDevon Partnerships, as well as certain other of the names, logos, and materials displayed on the Devon Partnerships, constitute trademarks, trade names, service marks or logos (“Marks”) of theDevon Partnerships or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with theDevon Partnerships or those other entities.
Although theDevon Partnerships does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to theDevon Partnerships an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant the Devon Partnerships all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF Devon Partnerships AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. the Devon Partnerships AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, the Devon Partnerships DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF the Devon Partnerships AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, the Devon Partnerships DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON the Devon Partnerships OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON the Devon Partnerships OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLOURS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, the Devon Partnerships DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH the Devon Partnerships OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL the Devon Partnerships BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF the Devon Partnerships HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF the Devon Partnerships OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF the Devon Partnerships OR THE SERVICE, FROM INABILITY TO USE the Devon Partnerships OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF the Devon Partnerships OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH the Devon Partnerships OR THE SERVICE OR ANY LINKS ON the Devon Partnerships OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH the Devon Partnerships OR THE SERVICE OR ANY LINKS ON the Devon Partnerships. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold the cornish partherships, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16. GENERAL INFORMATION
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and the Devon Partnerships and governs your use of the Service, superseding any prior agreement between you and the Devon Partnerships. The failure of the Devon Partnerships to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. BRAND AGREEMENT
Legal Disclaimer: By logging in to your Devon Partnerships account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.
1) Parties: This “Agreement” between “I” or “me” or the “Company” and the Devon Partnerships. (“the Devon Partnerships”), together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) Content: I hereby license to the Devon Partnerships the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on the Devon Partnerships and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website the Devon Partnerships at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but the Devon Partnerships retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for the Devon Partnerships to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my the Devon Partnerships account with any updates to the Content necessary to keep such Content accurate and representative of my products. the Devon Partnerships and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
(a) Membership: Price as stated on the Devon Partnerships at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.
4) Length of Contract: This Agreement is valid up to and until I cancel my account.
5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, the Devon Partnerships may attempt to contact me to determine updated account information. the Devon Partnerships will wait thirty (30) days before canceling my membership.
6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. the Devon Partnerships may terminate this agreement at will. In the event the Devon Partnerships terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.