Devs.tv Platform


Terms of Use

Effective on Feburary 25, 2019.

Introduction

Welcome to Devs.tv platform (the “Platform”). Devs.tv and the Platform are owned by Devs Channel Oy (“Devs.tv”, also referred to as “we” and “us”). By accessing or using our Platform you acknowledge that you have read, understood and agree to be bound by these Terms of Use (“Terms”). Your use of the Platform is also subject to our Privacy Policy, which sets out how we collect, use, share, and store your personal data. If you are accessing or using our Platform on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to these Terms. Devs.tv may hold you responsible for violations of these Terms by that business or third party, and "you," "your" and "party" will also refer and apply to that business or third party. If you do not agree to these Terms, do not access or otherwise use the Platform.

Additional Terms

You agree that additional terms and conditions may apply to specific products, services, or your use of certain portions of the Platform (“Additional Terms”), which Additional Terms form part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall prevail.

Using the Platform

Eligibility

You must be 16 years old or older to use the Platform. However, if law requires that you must be older in order for Devs.tv to lawfully provide services to you without parental consent (including using of your personal data) then the minimum age is such older age. You represent that you are not already restricted by Devs.tv from using the Platform. Creating an account with false information is a violation of our Terms, including accounts registered on behalf of others or persons under the age of 16.

Account and Security

Creating an account to use the Platform is free. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Platform’s registration process. Additionally, you agree to maintain and promptly update the information to keep it up to date. We reserve the right, in our sole discretion, to accept or reject your registration to use our Platform. If your registration is accepted, you may use the Platform. You agree to: (1) be responsible for maintaining the confidentiality of your account and password, and (2) follow the law and our Rules. You accept responsibility for anything that happens through your account, unless you close it or report misuse. We may send notices and messages to you through the Platform or by using your contact information.

Sharing Information

When you share information on the Platform, others can see, copy and use that information. Our Platform allows messaging and connecting with other users. Information and content that you share or post may be seen by other users or others (including off of the Platform). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to your connections, or opting not to notify others of your profile update). We are not obligated to publish any information or content on the Platform and can remove it in our sole discretion, with or without notice.

Other Content, Third Party Sites and Apps

You agree that we are not responsible for others’ (including other users’) content or information. Your use of others’ content and information posted on the Platform, is at your own risk. You are responsible for deciding if you want to access or use third-party apps or sites that link from our Platform. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Devs.tv is not responsible for these other sites and apps and you use these at your own risk. Devs.tv does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Platform.

Automated Processing

We will use the information and data that you provide and that we have about users to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters.

Payments

If you buy any of our paid services (“Premium Features”), you agree to pay us the applicable fees and taxes and to Additional Terms (if any) specific to the paid services. Failure to pay these fees will result in the termination of your paid services. You also agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your services and to use to pay other services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

Payments are non-refundable, including fees and other charges. Citizens of the European Union are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period begins when the subscription service starts.

Rights

Proprietary Rights

Devs.tv and its licensors reserve all rights to ownership, copyright, trademarks and all other intellectual property rights relating to the Platform and to products and services mentioned on the Platform. Using the Platform does not give you any ownership in the Platform or the content or information made available through the Platform.

Your License to Devs.tv

As between you and Devs.tv, you own the content and information that you submit or post to the Platform, and you are only granting Devs.tv the following non-exclusive license: A perpetual, irrevocable, non-terminable, royalty-free, worldwide, transferable and sublicensable right and license to use, copy, modify, distribute, and publish information and content that you provide through our Platform, without any further consent, notice and/or compensation to you or others. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also represent that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. You can end this license for specific content by deleting such content from the Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Platform and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you choose to share your post as "public", we will enable a feature that allows other users to embed that public post onto third-party services, and we enable search engines to make that public content findable through their services. You and Devs.tv agree that if content includes personal data, it is subject to our Privacy Policy.

Limitations on Access

We may, in our sole discretion and without notice to you, change, suspend or end any aspects of our Platform and we will not be liable to you or to any third party for doing so. We don’t promise to store or keep showing any information and content that you’ve posted. We reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of these Terms or law or are violating our Rules. Devs.tv is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Disclaimer, Indemnification and Limitation of Liability

No Warranty

TO THE EXTENT ALLOWED UNDER LAW, DEVS.TV/DEVS CHANNEL OY (A) DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE PLATFORM WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THE PLATFORM (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and defend Devs.tv/Devs Channel Oy, their affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Platform, your violation of these Terms or the Privacy Policy, content posted to the Platform by you, or your violation of any law or the rights of a third party.

Exclusion of Liability

IN NO EVENT SHALL DEVS.TV/DEVS CHANNEL OY, THEIR AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS PLATFORM BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE PLATFORM (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF DEVS.TV/DEVS CHANNEL OY, THEIR AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS PLATFORM EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE AMOUNT YOU PAID TO DEVS.TV IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF DEVS.TV/DEVS CHANNEL OY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Governing Law and Jurisdiction

You and Devs.tv agree that the laws of Finland, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and/or the Platform. You and Devs.tv agree that claims and disputes are litigated in Helsinki, Finland.

General Terms

If a court with authority over these Terms finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms. These Terms (including Additional Terms that may be provided by us when you engage with a feature of the Platform) is the only agreement between us regarding the Platform and supersedes all prior agreements for the Platform. If we don't act to enforce a breach of these Terms, that does not mean that Devs.tv has waived its right to enforce these Terms. You may not assign or transfer these Terms (or your membership or use of Platform) to anyone without our consent. However, you agree that Devs.tv may assign these Terms to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to these Terms. These Terms do not create a partnership, agency relationship, employer relationship or joint venture between the parties.

Changes

We may make changes to these Terms and our Privacy Policy from time to time. If we make material changes to them, we will send you a notice through the Platform, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may stop using the Platform. Your continued use of the Platform means that you are consenting to the updated terms.

Additional Terms Applicable to Job Board

The Job Board is designed to help you reach qualified candidates for your job opportunities. You are responsible for all postings and content therefor submitted by or on your behalf to the Job Board, including but not limited to the job descriptions, trademarks, images, and URLs that comprise the postings or content. You may arrange interviews with any prospective employees that have shown interest in the job posting and which you feel may be a fit for your company. However, these requests are non-binding and do not create a binding employment contract. Without limiting the prohibitions in these Terms, you agree that you will not, and you will not enable or authorize any third party, by virtue or use of job postings, to:

  • Create postings without a reasonable and legitimate intent to hire for job opportunity or the specific position listed.
  • Create postings that intentionally misrepresent the job, hiring company, or poster.
  • Fail to clearly disclose in any posting that a position is for an independent contractor or is part-time, commission-based, or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation.
  • Create postings for “business opportunities” that require payments or recruitment of others.
  • Provide identifiable candidate resume or application data to any other parties.
  • “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting.
  • Harass, stalk, or contact any applicant after they have asked not to be contacted.
  • Soliciting employees by intentional misrepresentation.
  • Create postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state or country, the state or country where the job is to be performed.
  • Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.
  • Engage in illegal or fraudulent conduct.
  • Use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information.

Each party will comply with applicable laws, self-regulatory rules, industry rules and governmental requirements relating to its performance of these terms, including privacy and security laws. Without limiting the generality of the foregoing, each party will prominently post a complete and accurate privacy policy on its websites and in its mobile applications.

Disclaimer of Warranties

You understand that we do not warrant the accuracy of any candidate information (including but not limited to candidate applications, candidate identities, recommendations, connections, and references) and that you are responsible for (1) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a prospective employee, and (2) complying with all laws and regulations relating to the intended employment of any prospective employee.

Devs.tv Rules

Devs.tv supports your adventure in the gaming industry. These Rules embody our values.

You agree that you will not:
  • Create an account using a false identity or information, or on behalf of someone other than yourself or have more than one account;
  • Post any information which is untrue, inaccurate or not your own, or use or attempt to use another’s account;
  • Engage in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Platform or otherwise copy profiles and other data from the Platform;
  • Copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without the consent of Devs.tv;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  • Violate the intellectual property rights, publicity or privacy right of others;
  • Violate the intellectual property or other rights of Devs.tv, including, without limitation, (i) copying or distributing our materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Devs.tv” or our logos in any business name, email, or URL;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Platform or related data or access to the same, without Devs.tv’s consent;
  • Deep-link to our Platform for any purpose other than to promote your profile or a group on our Platform, without Devs.tv’s consent;
  • Use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages;
  • Overlay or otherwise modify the Platform or their appearance (such as by inserting elements into the Platform or removing, covering, or obscuring an advertisement included on the Platform);
  • Interfere with the operation of, or place an unreasonable load on, the Platform (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  • Violate any Additional Terms concerning a specific service that are provided when you sign up for or start using such service.

How To Contact Us, Notice and Take Down Procedures

You can contact us at: help@devs.tv

We respect the intellectual property rights of others. If you believe that any material contained on this Platform infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim. Notifications of claimed copyright infringement should be sent to the following address: PL 11 00811 Helsinki, Finland

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DevsChannel Oy © 2019 | All Rights Reserved