Devamag Website Terms of Service

Welcome to this website, a service of Devamag Inc., and its subsidiaries (together known as "Devamag").

This Site provides company information about Devamag Inc., its subsidiaries and affiliated companies.

Please read these Terms of Service (these “Terms”) before you use this website. By using this website, you agree to these Terms. These Terms apply to the website at www.devamag.com and to other Devamag websites that link to these Terms, including Designcloud, Unionofexcellence.com, UnofEx LLC, Devamag Music with devamagmusic.com and every artist website operated by Devamag Inc.

The Site is controlled and operated by Devamag Inc., a Incorporation under US law, registered in New York with the registration number US 0475893.

BY ACCESSING AND/OR USING THE SITE, INCLUDING REGISTERING FOR AN ACCOUNT, INTERACTING WITH THE SITE, SIGN UP FOR NEWSLETTER OR SUBMITTING FEEDBACK THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TO ABIDE BY ALL RULES, TERMS, CONDITIONS, RESTRICTIONS AND NOTICES IN THE TERMS AND CONDITIONS.  If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.

1. Privacy

Devamag respects the privacy of the users of this website. To understand how Devamag collects and uses information from this website, review the Devamag Website Privacy Policy located at:  

www.devamag.com/privacy-statement

2. Proprietary Rights 

 

As between you and Devamag, Devamag owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein.  

 

Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Devamag or the applicable rights holder.  (The Site may contain some features that enable you to obtain rights to use certain of the content on the Site, such as lyrics, music, photographs, and the like.  In such situations, your rights to use such content are limited to the rights expressly granted by Devamag in such situations.)  You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site.  If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  Devamag will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. Trademarks

 

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Devamag and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.  All Trademarks not owned by Devamag that appear on the Site, if any, are the property of their respective owners.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Devamag or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited.  Devamag will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

4. Orders for Products and Services  

 

We may make certain products available to visitors and registrants of the Site.  For example, you may be able to order certain music or film-related products and/or licenses through the Site.  You may only do so if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Devamag.  You agree to pay all applicable taxes.  If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. 

5. Unsolicited Materials  

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy.  By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (b) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

 

6. User Conduct.  

 

You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that:

(a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

 

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

7. General Warning

 

Devamag shall not be liable for any damages arising out of your access to, or use of, the Site, including any damages to, or viruses that may infect, your computer equipment or any other property. While Devamag uses reasonable efforts to include accurate and up to date information on the Site, we make no warranties or representations as to accuracy. Devamag assumes no liability or responsibility for any error or omissions in the content of the Site.

 

8. Limitation of liability and indemnity

 

NEITHER Devamag NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT OR OTHER DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. You agree to indemnify, defend and hold Devamag and its subsidiaries, affiliates, and their respective directors, officers, employees, agents, licensors, or any person or entity involved in the creation, production, and distribution of the Site, harmless from, and against, any and all claims, liability, losses, costs and expenses incurred in connection with any breach by you of these Terms of Use or resulting from, or in connection with, your use of this Site.

 

9. Third Party Websites

  

You may be able to link from the Site to third party websites ("Linked Sites").  For example, you may purchase products, some of which may be Devamag products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.  Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.

10. Compliance with Laws

 

The Site is operated by Devamag whose principal office is headquartered in the New York. Internet users accessing this Site from outside of US are responsible for compliance with any applicable local laws.

 

11. Protection of Personal Information

 

For more information on our policies with respect to privacy protection please read the Privacy statement. Devamag’s affiliates may have their own privacy policies and practices which govern their websites. You are encouraged to review these other policies to determine how any personal information you provide may be used.

12. Termination 

Devamag reserves the right at any time to terminate your use of this website if you fail to comply with these Terms, or any other terms, agreements, or policies that apply to this website. Devamag also reserves the right to discontinue this website at any time for any reason

13. Exclusion of Warranties

BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THIS WEBSITE AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." DEVAMAG AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE. DEVAMAG AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE WEBSITE WILL CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU.

14. Dispute Resolution   

You and Devamag agree to arbitrate all disputes between you and Devamag or its affiliates, except for disputes relating to the enforcement of Devamag's or its affiliates intellectual property.    The Terms and Conditions are solely governed by and construed in accordance with the laws of the State of New York, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and Devamag relating to the Sites must be resolved exclusively through binding non-appearance-based arbitration administered by JAMS (Judicial Arbitration and Mediation Services), or in small claims court in New York, New York, U.S.A. or in your county of residence if your claims qualify.  In the event of  a dispute, you or Devamag must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice,  the facts of the dispute and relief requested.  You may initiate proceedings by sending Us a Notice of Legal Dispute, to the address listed in the section "Contact" .

We will send any notice of dispute to you at the contact information we have for you.

You and Devamag agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days.  If you and Devamag do not resolve the dispute in such 60 day time period, then you or Devamag may commence arbitration.  You and Devamag agree that a dispute will be heard before single a neutral arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY.  The arbitration proceedings shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures and Expedited Procedures, or JAMS' Streamlined Arbitration Rules and Procedures, at the election of the party initiating the arbitration.  Information regarding these rules can be found on the JAMS website at www.jamsadr.org.  In addition, you and Devamag agree that the following rules shall apply to the arbitration proceedings:

(a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions;

(b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and

(c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS.  In no event shall any claim, action or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose.

If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in New York County, New York, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action. 

15. Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.  If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

The Terms constitute the entire legal agreement between you and Devamag and govern your use of this website, and completely replace any prior agreements between you and Devamag in relation to this website.

Upon termination of these Terms for any reason, Devamag and its suppliers reserve the right to delete all your data, files, electronic messages, or other information that is stored on Devamag's or its suppliers' servers or systems. Devamag shall have no responsibility whatsoever for the loss of any such data.

You agree that Devamag may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on this website.

You agree that if Devamag does not exercise or enforce any contractual or legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of Devamag's rights and that those rights or remedies will still be available to Devamag.

You acknowledge and agree that each member of the group of companies and brands of which Devamag Inc. is the parent shall be third-party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third-party beneficiaries to the Terms.

The Terms, and your relationship with Devamag under the Terms, shall be governed by the laws of the Commonwealth of New York, without regard to its conflict of laws provisions. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in New York County, New York, in all disputes arising out of or relating to the Terms or this website.

At certain places on this website there may be additional or other terms and policies that apply to your use of this website and the services on it. By using the website or those services, you agree to abide by those terms and policies. We may change those terms and policies from time to time. By continuing to use the website after we post any changes, you accept and agree to those terms and policies, as modified.

16. Modification of Terms

 

Devamag reserves the right to modify or update these Terms of Use at any time without notice.

By using this website, you agree to abide by these Terms. By continuing to use the website after we post any changes, you accept and agree to these Terms as modified.

Effective Date: July 16th, 2018