Terms of Service
Last updated: May 17th, 2023
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully as they constitute a binding legal contract between you (“you” or “your,” either an individual or a legal entity) and edev.com (“edev” “us,” “we,” or “our”). These Terms govern your access to and use of the edev.com website, including all its subdomains, and any other online services offered by edev.com (collectively, the “Services”). Your use of the Services is subject to these Terms, our Privacy Policy, and any additional guidelines or rules provided within the Services.
By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Services.
We reserve the right, at our sole discretion, to amend, change, modify, revise, or replace these Terms at any time by posting revised Terms on the Service. Any substantial changes to these Terms will be notified to you through the email address associated with your account. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. You are responsible for regularly reviewing the Terms for any changes, so please check back here every time you use the Services.
Use of Services
Your access to and use of the Services are conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Services.
Subject to these Terms, we grant you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, revocable license to access and use the Services in accordance with these Terms. You acknowledge that you are receiving licensed rights only. You may not reverse engineer, decompile, disassemble, re-engineer, create derivative works of, or disable or circumvent any access control or related device, process, or procedure established with respect to the Services.
Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
- You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. Any other person may not use your username and password.
- You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service.
- You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You must ensure that you exit from your account at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with any of these Terms.
- You may not use as a username the name of another person or entity that is not lawfully available for use or offensive, vulgar, or obscene.
- Your use of the Services or any content accessed through the Services must comply with all applicable laws, regulations, and ordinances.
By providing us with your email address and other contact information, you consent to our using such contact information to send you Services-related notices, including any notices required by law. We may also use your email address or phone number to send you other messages, such as changes to features of the Services and other information about our organization.
User Content
Some areas of the Services allow users to create, post, or transmit content such as text, images, videos, or other materials (“User Content”). By submitting User Content, you grant edev.com a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the operation and promotion of the Services.
You represent and warrant that you have all necessary rights, licenses, and permissions to grant the above license and that your User Content does not infringe or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights. You are solely responsible for your User Content and the consequences of posting or publishing it.
edev.com does not claim ownership over any User Content you submit. Still, you acknowledge and agree that we may retain copies of your User Content and may continue to use, display, and distribute it as permitted by these Terms, even if you remove or delete your User Content from the Services.
Prohibited Conduct
When using the Services, you agree not to:
- Violate any applicable laws, regulations, or third-party rights.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
- Use any manual or automated system or software to extract, scrape, or retrieve data from the Services without our prior written permission.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Upload, post, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable.
- Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity.
- Use the Services for any commercial purpose or the benefit of any third party, except as expressly permitted by these Terms.
- Use the Services to distribute unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Use the Services to distribute viruses or any other technologies that may harm edev.com or the interests or property of users of the Services.
- Engage in any conduct that could disable, overburden, damage, or impair the proper working of the Services or interfere with any other party’s use and enjoyment of the Services.
- Violate any applicable laws or regulations regarding the transmission of technical data or software exported from the United States or the country in which you reside.
Intellectual Property
The Services and all materials, including but not limited to software, designs, graphics, text, images, logos, button icons, audio clips, videos, and data compilations, are the property of edev.com or its licensors and are protected by intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit any of the materials or content available through the Services without the express written permission of edev.com.
The edev.com name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of edev.com or its affiliates or licensors. You may not use any of these marks without the prior written permission of edev.com.
Third-Party Links and Services
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by edev.com. These links are provided for your convenience and do not imply endorsement or responsibility for the content, policies, or practices of any third-party websites or services. You acknowledge and agree that edev.com is not responsible for the availability, accuracy, or completeness of such third-party websites or services. Accessing and using third-party websites or services is solely at your own risk and subject to their respective terms of use and privacy policies.
Disclaimer of Warranties
The Services are provided on an “as-is” and “as-available” basis, without any warranties of any kind, either express or implied. edev.com disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing or usage of trade. edev.com does not warrant that the Services will be uninterrupted, secure, error-free, or free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall edev.com or its affiliates, officers, directors, employees, agents, or licensors be liable to you or any third party for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if edev.com has been advised of the possibility of such damages. In no event shall edev.com’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid edev.com, if any, in the last twelve (12) months, or, if greater, one hundred dollars ($100).
Indemnification
You agree to indemnify and hold harmless edev.com, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.
Termination
edev.com may terminate or suspend your access to the Services at any time, with or without cause, and without prior notice or liability. Upon termination, all licenses and rights granted to you in these Terms will immediately cease, and you must stop using the Services.
Changes to the Terms
edev.com reserves the right to modify or revise these Terms at any time, in its sole discretion. If we make any material changes, we will provide notice through the Services or by other means to give you an opportunity to review the changes before they become effective. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which edev.com is based (Washington, United States), without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
Entire Agreement
These Terms and any additional terms or agreements expressly incorporated by reference constitute the entire agreement between you and edev.com regarding the Services and supersede all prior agreements, understandings, or representations, whether oral or written, regarding the Services.
Waiver and Severability
The failure of edev.com to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of edev.com. edev.com may freely assign or transfer these Terms without restriction. Any attempted assignment or transfer in violation of this section shall be null and void.
Survival
The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to the provisions regarding intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law.
Copyright
The Digital Millennium Copyright Act (DMCA) provides copyright owners with a mechanism to protect their rights if they believe their work has been infringed upon over the Internet. If you believe that your copyrighted work has been copied without authorization and is available on edev.com in a way that may constitute copyright infringement, you can notify us by sending a claim to our designated agent listed below. For your claim to be effective, it must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and needs to be removed or disabled, along with sufficient information to locate the material; (d) contact information of the complaining party; (e) a statement that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information provided is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Our Designated Agent is: Riccardo Soff – COO (rs@edev.com)
General
These Terms constitute the entire agreement between you and edev.com regarding the Services and supersede all prior arrangements, understandings, negotiations, and discussions, whether oral or written. You cannot modify these Terms, and only edev.com can modify them as provided above.
You may not assign or sublicense any rights and obligations under these Terms without edev.com’s express prior written consent. Any assignment in contravention of this provision will be void.
All rights not expressly granted by edev.com in these Terms are reserved by edev.com and its licensors.
Failure or neglect by edev.com to enforce any provision of these Terms at any time shall not be construed as a waiver of our rights nor affect the validity of the entire Terms or prejudice our rights to take subsequent action. The headings in these Terms are for convenience only and do not affect the meaning or interpretation of any provisions.
These Terms do not create a joint venture, partnership, employment, or agency relationship between you and edev.com.
You agree that these Terms will not be interpreted against edev.com merely because edev.com drafted them.
By agreeing to these Terms, you waive any defenses based on the electronic form of the agreement and the lack of physical signatures.
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable to any extent by a court of competent jurisdiction, that provision will be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
A printed version of these Terms and any notice given in electronic form will be admissible in judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Information
If you have any questions or concerns about these Terms or the Services, you may contact edev.com at support@edev.com.
Thank you for reviewing and agreeing to these Terms of Service. We hope you enjoy using the edev.com services!