AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and DEVGENIE ("we," "us" or "our"), concerning your access to and use of Word Scout website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
LICENSE TERMS AND LIMITATIONS
With your acceptance of Terms, but without predjudice to any other terms in this agreement we grant you a personal, revocable, limited, non-exclusive, non-transferable and non-assignable / non-sublicensable license to access, download and use the Services on Devices you own exceptionally for personal and entertainment use without any commercial intentions. Following this Terms all rights which wasn’t explicitly granted to you are reserved by Us and to our benefit.
You accept that in any case we own all rights, titles, interests and trademarks related to the Service, including but not limited to all intellectual rights therein, and our ownership of Service cannot be alienated from Us by any of your actions such as downloading, installing, using or accessing of any of Our Services. By accepting this Terms you oblige not to erase, transform or change any of our copyrights, trademarks or other rights, which can be represented in our Services.
We take no obligation to make any updates or upgrades to Service on any particular basis. Please notice that we reserve our right to make updates, upgrades and provide specific content at our discretion. Also we can disable access to any part of Service or to the Service entirely on constant or periodic basis without any notice. You accept that older versions of our Services could upgrade or update automatically, and agree that these Terms will apply to all of updated or upgraded versions of Services unless otherwise specified by us.
Service can be unavailable in specific regions or at particular time. You accept that we take no liability to you due to the fact of Service unavailability.
THIRD-PARTY PLATFORMS
In connection with the need for the correct operation of our Services, we integrate solutions from Third Parties. We are not responsible or liable for any services provided by Third Parties, display of content or advertising. As the Privacy Policy of Third Parties is different from ours, you agree that you have read and accepted their Privacy Policy in advance of using our Services.
You agree that we are not responsible for any direct or indirect liability arising from any direct or indirect actions of Third Parties and resulting in any form of losses, harm or damage. In connection with the foregoing, we are not obliged to involve Third Parties in compensation for the damage caused. You accept that in this case you will try to resolve such situations on your own.
PROHIBITED ACTIONS
This agreement expressly prohibits the following actions in connection with your use of our Services:
– Posing as another person;
– Access and use of the Services for illegal purposes;
– Downloading, transferring, providing access to information, content or any other form of data that can lead to a violation of property, intellectual or any other rights, or to any other illegal action;
– Transmission of any malicious code or viruses;
– Any manipulations that can lead to non-standard behavior of the Services and / or not provided by the designed functionality, as well as reverse engineering of both individual parts of the Services and the Services as a whole;
– Using non-standard ways of interacting with the Services to obtain commercial benefits or advantages within the Services, which are not provided by standard algorithms;
– Use of any automated systems, software systems and applications that disrupt the functioning of the Services and / or could give benefits that are not provided by the standard algorithms;
– Dissemination of information about possible errors, bugs and other undocumented capabilities of the Services, which may lead to disruption of the functioning of the Services and / or obtaining benefits that are not provided by standard algorithms;
– Copyright infringement.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT OUR SERVICES AND APPLICATIONS ARE PROVIDED ON THE BASIS OF “AS IS“ AND “AS AVAILABLE“, INCLUDING ALL POSSIBLE DISADVANTAGES, FAULTS AND ERRORS. YOUR ACCESS TO THE SERVICES IS PROVIDED AT YOUR SOLE RISK. WE DO NOT WARRANT AND EXCLUDE ALL LIABILITY AS TO THE COMPLETENESS, TIMELINESS, SAFETY, RELIABILITY, QUALITY AND ACCURACY OF OUR SERVICES, IN SPECIFIC PARTS AND THE CONTENT THEREOF IS INCLUDED. IN CONNECTION WITH THESE, YOU AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR POSSIBLE HARM OR DAMAGE, SYSTEM ERRORS, LOSS OF ANY DATA IN RELATION TO ACCESSING OR USING OUR SERVICES. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR THE STORAGE, PROVISION AND TRANSFER OF ANY DATA OR CONTENT RELATED TO THE OPERATION OF OUR SERVICES. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE PROVIDED ON A PERMANENT, ERROR-FREE AND CONTINUOUS BASIS, OR MEET YOUR PERFORMANCE AND REQUIREMENTS. LIKEWISE, WE ARE NOT RESPONSIBLE FOR ANY PROPERTY DAMAGE ARISING FROM THE USE OF OUR SERVICES OR ANY PARTS THEREOF, OR ARISING OUT AS A RESULT OF UNAUTHORIZED OR ILLEGAL ACTIONS TOOK BY THIRD PARTIES.
NO STATEMENTS RECEIVED FROM COMPANY REPRESENTATIVES OR INSIDE THE SERVICES, IN ORAL, WRITTEN, EXPRESS OR IMPLICABLE FORM, DO NOT CREATE A BASIS TO OBLIGATE US TO MAKE ANY WARRANTIES.
LIMITATION OF LIABILITY
IN THE BROADESTS SENSE, TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYESS, AGENTS, PARTNERS AND LICENSORS CAN NOT BE RESPONSIBLE FOR ANY LOSS, HARM, DAMAGE, PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INTENTIONAL, RELIANCE, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGE, OR ANY OTHER DAMAGE (INCLUDING BUT NOT LIMITED TO INJURY, LOSS OF INCOME, BUSINESS, REVENUE, LOST PROFITABILITY, LOSS OF PERFORMANCE, LOSS OF PRIVACY, LOSS OF GOODWILL, DETERIORATION OF HEALTH OR MENTAL STATE), ARISED FOR THE REASON OF (i) ACCESSING OR INABILITY TO ACCESS OUR SERVICES; (ii) CONTENT SUPPLIED BY THIRD PARTIES WE COOPERATE WITH, INCLUDING BUT NOT LIMITED TO ADVERTISING NETWORKS, ANALYTICS SYSTEMS, PAYMENT SYSTEMS AND OUR USERS; (iii) CONTENT OBTAINED IN THE DURING OF USE OF BOTH OUR SERVICES IN GENERAL, AND OF THEIR SEPARATE PARTS; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF MATERIALS OR CONTENT BASED ON WARRANTY, CONTRACT, TROT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER WE HAVE EXPECTED ABOUT THE POSSIBILITY OF SUCH CONSEQUENCES AND DAMAGES OR COULD NOT SUPPOSE.
PLEASE NOTE THAT WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY POSSIBLE DAMAGES, CLAIMS, EXPENSES, COSTS, OR LIABILITIES WHICH COULD ARISE AND YOU MAY ENCOUNTER DUE TO YOUR ACCESS AND USE OF ANY SERVICES AND CONTENT, PROVIDED BY US OR OUR COOPERATING THIRD PARTIES. YOU WAIVE AND RELEASE HITAPPS INC, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYESS, AGENTS, PARTNERS AND LICENSORS FROM ANY RESPONSIBILITY OR LIABILITY ARISING OR RELATED TO THE FACTS OF USE OF OUR SERVICES AND ANY OF OUR PRODUCTS.
INDEMNITY
IN THE BROADESTS SENSE, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HITAPPS INC, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYESS, AGENTS, PARTNERS AND LICENSORS HARMLESS FROM ANY THIRD PARTY EXPENSES, DAMAGE COSTS, SUITS, FEES, LIABILITIES AND RESPONSOBILITIES ARISING AS A RESULT OF YOUR EXPLICIT USE OR IMPLICIT CONSEQUENCES OF USE OF OUR SERVICES OR OUR PRODUCTS, OR AS A RESULT OF ACTUAL, ALLEDGED OR IMPLIED VIOLATION OF THIS TERMS, OR ANY KIND OF INFRINGEMENT AND INTELLECTUAL, PROPERTY OR OTHER RIGHTS VIOLATION MADE BY YOU OR THIRD PARTIES.
WAIVER OF RIGHTS
If we fail to exercise any of Our rights set forth in this Terms this doesn’t set any basis to waive such rights in future. Any rights can be only waived by us only if we declare such waiving in written form signed by Us.
SUSPENSION OR TERMINATION OF USER ACCOUNT
Please notice, that we reserve the right to terminate providing Services or any part of it to any user without any noticing and in our sole discretion at any time. This means, that we may suspend or discontinue Your access to our Services in our sole discretion. You accept that we are not obliged to make any refunds or provide any compensation to You in case of such suspension, discontinuation or termination. Any kind of suspension, termination or discontinuation does not set any basis to waive any kind of our rights set forth in this Terms.
PLEASE NOTE, THAT WE DO NOT PROVIDE ANY KIND OF REFUNDS AND COMPENSATIONS IF YOUR ACCESS TO OUR SERVICES WAS REVOKED, SUSPENDED OR TERMINATED.
CONTACT
If you have any questions regarding this Terms feel free to contact us via e-mail devgeniesma@gmail.com.