The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.
By using this Site, you represent and warrant that you are at least the age of majority in your province or territory of residence in Canada, or in any event, at least eighteen (18) years of age.
2. Provision of the Site by DevEngine
You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.
You acknowledge and agree that DevEngine may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at DevEngine’s sole discretion, without prior notice to you.
You may stop using the Site at any time. You do not need to inform DevEngine when you stop using the Site or any of its features.
You acknowledge and agree that if DevEngine disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.
3. Use of the Site by You
Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone the use of the Site by others, in any manner that is, attempts to, or is likely to:
be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
advocate or encourage any illegal activity;
infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of DevEngine or any third party;
violate the privacy of any individual, including users of the Site; or
violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
Unless you have been specifically permitted to do so in a separate agreement with DevEngine, you agree that you will not:
reproduce, duplicate, copy, sell, trade or resell the Contents or any DevEngine products and services for any purpose;
use or attempt to use the Site for advertising or promotional purposes related to any business you conduct commercially, nor shall you solicit, invite or accept any commercial offers made available via the Site;
In using the Site and operating a Member account, you warrant, represent and undertake that:
you will be the only person who will use the Site using your account, and that you will not allow any other person, whether or not acting under your instructions, to use your Account for any reason, and will actively take steps to prevent any other person to do such, and that in the event any other person uses your Account, you are to be held responsible for any losses and damages caused as a result of that use;
you will not use the account of any other person for any purpose;
you will not use a Transaction Account (as defined below) that you are not legally entitled to use;
you will keep confidential any information you obtain that relates to any other Member, including actual names and addresses of other Members, and will not publish or reproduce such information in any form, including without limitation on the Site, or on any external websites unaffiliated with DevEngine or in any print medium, without the prior written permission of the relevant Member and DevEngine;
DevEngine is not responsible for any losses you incur due to informational or technical errors in the account registration process, and will not be liable for any loss or damage you incur as a result of an unauthorised person using your account, including the use of any personal details you provide in the account registration process.
6. Click-Through Agreements
7. Links to Third-Party Sites
Use of certain links on the Site will direct you away from the Site to third-party websites. Such third party websites are not under the control of DevEngine, and DevEngine is not responsible for the contents of any such website or any link contained in such website. The third-party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by DevEngine of any such website or the products or services offered therein.
8. Privacy and Personal Information
We may use your email address to verify your identity, protect against fraud, and contact you. Also, we may use it to send you updates about your user account, new job opportunities, new products and services, and Site updates. Your personal information will not be released to any third party other than the client you have agreed to be presented to for a job opportunity. The list of Members will not be bought, sold, loaned, re-appropriated, re-used, given or provided outside of DevEngine for any reason.
Questions or requests for your personal information may be sent via email to contact@DevEngine.ca.
9. Ownership of Intellectual Property Rights
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of DevEngine or its owner if DevEngine is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Site without DevEngine’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray DevEngine or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
Links to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. DevEngine does not control and is not responsible for any of such third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. DevEngine does not endorse or make any representations about such third party websites or any information, software, products and services located there, or any results that may be obtained from using such software, products and services. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that DevEngine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
10. Intellectual Property Infringement
We take intellectual property rights, both our own and others, very seriously.
If you are an owner of intellectual property (or the owner's authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure:
Please send a written notice of intellectual property infringement to:
In your written notice, please provide the following information:
Identification of the intellectual property claimed to have been infringed;
Identification of the Contents that you claim are infringing your intellectual property;
Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. Third-Party Information
Any third-party content, data or publications made available through the Site are furnished by DevEngine on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of DevEngine. DEVENGINE DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
12. No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, DEVENGINE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
DEVENGINE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. Limitation of Liability
SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEVENGINE, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR
BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY CHANGES WHICH DEVENGINE MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
YOUR FAILURE TO PROVIDE DEVENGINE WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL
THE LIMITATIONS ON DEVENGINE’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT DEVENGINE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
16. Obtaining DevEngine's Consent