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iDevWorks - Information on Terms of Use
On This Page
ACCEPTANCE OF TERMS.
The services that iDevWorks provides to you are subject
to the following Terms of Use ("TOU").
iDevWorks reserves
the right to update the TOU at any time without notice
to you. The most current version of the TOU can be reviewed
by clicking on the "Terms of Use" hypertext link located
at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, iDevWorks
provides you with access to a variety of resources,
including developer tools, download areas, communication
forums and product information (collectively "Services").
The Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties,
are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for
your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer,
or sell any information, software, products or services
obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the
Privacy Statement disclosures relating to the collection
and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from
the Services ("Software") is the copyrighted work of
iDevWorks and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to
install any Software that is accompanied by or includes
a License Agreement, unless he or she first agrees to
the License Agreement terms.
The Software is made available for download solely
for use by end users according to the License Agreement.
Any reproduction or redistribution of the Software not
in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to
the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING
SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, IDEVWORKS
TECHNOLOGIES
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, IDEVWORKS MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
IDEVWORKS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM
SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE
ON THE SERVICES OR IN iDevWorks SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers,
press releases, datasheets and FAQs) from the Services
is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice
and this permission notice appear, (2) use of such Documents
from the Services is for informational and non-commercial
or personal use only and will not be copied or posted
on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited
educational institutions, such as K-12, universities,
private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom
requires express written permission. Use for any other
purpose is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
Documents specified above do not include the design
or layout of the iDevWorks.com Web site or any other
iDevWorks owned, operated, licensed or controlled site.
Elements of iDevWorks Web sites 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 any iDevWorks
Web site may be copied or retransmitted unless expressly
permitted by iDevWorks.
IDEVWORKS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. iDevWorks AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL iDevWorks AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. iDevWorks AND/OR ITS RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR
THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS WEB SITE.
IN NO EVENT SHALL iDevWorks AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account,
you must complete the registration process by providing
us with current, complete and accurate information as
prompted by the applicable registration form. You also
will choose a password and a user name. You are entirely
responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely
responsible for any and all activities that occur under
your account. You agree to notify iDevWorks immediately
of any unauthorized use of your account or any other
breach of security. iDevWorks will not be liable for
any loss that you may incur as a result of someone else
using your password or account, either with or without
your knowledge. However, you could be held liable for
losses incurred by iDevWorks or another party due to
someone else using your account or password. You may
not use anyone else's account at any time, without the
permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will
not use the Services for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could
damage, disable, overburden, or impair any iDevWorks
server, or the network(s) connected to any iDevWorks
server, 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
iDevWorks
server or to any of the Services, through hacking, password
mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means
not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin
board services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed
to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services").
You agree to use the Communication Services only to
post, send and receive messages and material that are
proper and, when applicable, related to the particular
Communication Service. By way of example, and not as
a limitation, you agree that when using the Communication
Services, you will not:
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Use the Communication Services in connection
with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
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Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or
information.
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Upload, or otherwise make available, files
that contain images, photographs, software or
other material protected by intellectual property
laws, including, by way of example, and not
as limitation, copyright or trademark 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.
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Use any material or information, including
images or photographs, 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.
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Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs
that may damage the operation of another's computer
or property of another.
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Advertise or offer to sell or buy any goods
or services for any business purpose, unless
such Communication Services specifically allows
such messages.
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Download any file posted by another user
of a Communication Service that you know, or
reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in
such manner.
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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.
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Restrict or inhibit any other user from using
and enjoying the Communication Services.
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Violate any code of conduct or other guidelines
which may be applicable for any particular Communication
Service.
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Harvest or otherwise collect information
about others, including e-mail addresses.
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Violate any applicable laws or regulations.
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Create a false identity for the purpose of
misleading others.
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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.
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iDevWorks has no obligation to monitor the Communication
Services. However, iDevWorks reserves the right to review
materials posted to the Communication Services and to
remove any materials in its sole discretion.
iDevWorks
reserves the right to terminate your access to any or
all of the Communication Services at any time, without
notice, for any reason whatsoever.
iDevWorks reserves the right at all times to disclose
any information as iDevWorks deems necessary to satisfy
any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in
iDevWorks's
sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children
in any Communication Services. iDevWorks does not control
or endorse the content, messages or information found
in any Communication Services and, therefore,
iDevWorks
specifically disclaims any liability with regard to
the Communication Services and any actions resulting
from your participation in any Communication Services.
Managers and hosts are not authorized iDevWorks spokespersons,
and their views do not necessarily reflect those of
iDevWorks.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO IDEVWORKS OR POSTED AT ANY
IDEVWORKS WEB SITE.
iDevWorks does not claim ownership of the materials
you provide to iDevWorks (including feedback and suggestions)
or post, upload, input or submit to any Services or
its associated services for review by the general public,
or by the members of any public or private community,
(each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing
or submitting ("Posting") your Submission you are granting
iDevWorks, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with
the operation of their Internet businesses (including,
without limitation, all iDevWorks Services), including,
without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the
right to sublicense such rights to any supplier of the
Services.
No compensation will be paid with respect to the
use of your Submission, as provided herein.
iDevWorks
is under no obligation to post or use any Submission
you may provide and iDevWorks may remove any Submission
at any time in its sole discretion.
By Posting a Submission you warrant and represent
that you own or otherwise control all of the rights
to your Submission as described in these Terms of Use
including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set
forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical
in whole or in part ("Images"), you warrant and represent
that (a) you are the copyright owner of such Images,
or that the copyright owner of such Images has granted
you permission to use such Images or any content and/or
images contained in such Images consistent with the
manner and purpose of your use and as otherwise permitted
by these Terms of Use and the Services, (b) you have
the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person
depicted in such Images, if any, has provided consent
to the use of the Images as set forth in these Terms
of Use, including, by way of example, and not as a limitation,
the distribution, public display and reproduction of
such Images. By Posting Images, you are granting (a)
to all members of your private community (for each such
Images available to members of such private community),
and/or (b) to the general public (for each such Images
available anywhere on the Services, other than a private
community), permission to use your Images in connection
with the use, as permitted by these Terms of Use, of
any of the Services, (including, by way of example,
and not as a limitation, making prints and gift items
which include such Images), and including, without limitation,
a non-exclusive, world-wide, royalty-free license to:
copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your
Images without having your name attached to such Images,
and the right to sublicense such rights to any supplier
of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time you
completely remove such Images from the Services, provided
that, such termination shall not affect any licenses
granted in connection with such Images prior to the
time you completely remove such Images. No compensation
will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE
IDEVWORKS'
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
IDEVWORKS AND IDEVWORKS IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
IDEVWORKS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM
OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
iDevWorks
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT
BY IDEVWORKS OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
IDEVWORKS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW
ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS
OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN IDEVWORKS' PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO IDEVWORKS.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
IDEVWORKS OR ANYONE AT IDEVWORKS. IF, DESPITE OUR REQUEST THAT
YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL
SEND THEM, PLEASE UNDERSTAND THAT IDEVWORKS MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
TRADEMARKS.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as
listed below:
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