Welcome to CTdeveloping.com! By using products, software, services, forums or web sites of CTdeveloping, LLC ("CTdeveloping products"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.ctdeveloping.com/ctdeveloping/terms.asp.
1. USE OF PRODUCTS
CTdeveloping, LLC, its subsidiaries, employees, and affiliated companies ("CTdeveloping") offer CTdeveloping products to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving products under the laws of the United States or other applicable jurisdiction. In order to access certain products, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of CTdeveloping products. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify CTdeveloping of any unauthorized use of your password or account or any other breach of security. CTdeveloping cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. CTdeveloping products may download, request, or otherwise obtain content from the internet or your own computer at your request. You understand that by using CTdeveloping products you may be exposed to Content that is offensive, indecent or objectionable, and that you use CTdeveloping products at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using CTdeveloping products and for any consequences thereof. You agree to use CTdeveloping products only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts CTdeveloping products or servers or networks connected to CTdeveloping products. To report any activity or Content that may violate the Terms, please contact CTdeveloping.
In addition to this agreement, your use of some specific CTdeveloping products is governed by the policies or guidelines specific to those products, such as License Agreements and Terms of Purchase, and which are specifically incorporated into this agreement.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
You understand that the technical processing and transmission of CTdeveloping products, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or products.
4. PROPRIETARY RIGHTS
You acknowledge and agree that CTdeveloping products and any necessary software used in connection with CTdeveloping products ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through CTdeveloping products is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CTdeveloping or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, CTdeveloping products or Software, in whole or in part except as specifically authorized in a separate written agreement.
Subject to the Terms and applicable License Agreements, CTdeveloping grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by CTdeveloping in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to CTdeveloping products. You agree not to access CTdeveloping products by any means other than through the interface that is provided by CTdeveloping for use in accessing CTdeveloping products except as specifically authorized in a separate written agreement.
Except as expressly authorized by CTdeveloping you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter CTdeveloping's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the CTdeveloping products or Software.
CTdeveloping claims no ownership or control over any Content submitted, posted or displayed by you on or through CTdeveloping products. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through CTdeveloping products and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through CTdeveloping products which are intended to be available to the members of the public, you grant CTdeveloping a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on CTdeveloping products for the purpose of displaying, distributing and promoting CTdeveloping products. CTdeveloping reserves the right to syndicate Content submitted, posted or displayed by you on or through CTdeveloping products and use that Content in connection with any product offered by CTdeveloping. CTdeveloping furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
Microsoft, Windows, Windows Server, Windows Vista and the Windows logo are trademarks of the Microsoft group of companies.
5. SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by CTdeveloping will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. CTdeveloping Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop CTdeveloping products, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. In the event of a conflict between the Terms and the license agreement of Software, the license agreement shall have precedence.
6. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act or other applicable law and to terminating the accounts of repeat infringers. For more information, please visit http://www.ctdeveloping.com/ctdeveloping/copyright/.
For information regarding our trademark complaint procedure, please contact CTdeveloping. Any use of CTdeveloping's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and in compliance with CTdeveloping's then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: http://www.ctdeveloping.com/ctdeveloping/logo.asp (or such other URL CTdeveloping may provide from time to time).
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that CTdeveloping has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by CTdeveloping products. You acknowledge that CTdeveloping may have set no fixed upper limit on the number of transmissions you may send or receive through CTdeveloping products or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of CTdeveloping products, including upon receipt of a certificate or other legal document confirming your death, CTdeveloping will close your account and you will no longer be able to retrieve content contained in that account.
8. MODIFICATIONS TO PRODUCT
CTdeveloping reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, CTdeveloping products (or any part thereof) with or without notice. You agree that CTdeveloping shall not be liable to you or to any third party for any modification, suspension or discontinuance of CTdeveloping products.
You may discontinue your use of CTdeveloping products at any time. You agree that CTdeveloping may at any time and for any reason, including a period of account inactivity, terminate your access to CTdeveloping products, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to CTdeveloping products, your account or any files or other content contained in your account. Sections 9 (Termination), 12 (Indemnity), 13 (Disclaimer of Warranties), 14 (Limitations of Liability), 15 (Exclusions and Limitations) and 18 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.
Some CTdeveloping products are supported by advertising revenue and may display advertisements and promotions on the product. Such advertisements may be targeted to the content of information stored on the CTdeveloping products, queries made through CTdeveloping products or other information. The manner, mode and extent of advertising by CTdeveloping on its products are subject to change. As consideration for your use of CTdeveloping products, you agree that CTdeveloping may place such advertising and that CTdeveloping shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on CTdeveloping products or your subsequent dealings with advertisers.
CTdeveloping products may provide, or third parties may provide, links to other World Wide Web sites or resources. CTdeveloping may have no control over such sites and resources and you acknowledge and agree that CTdeveloping is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CTdeveloping 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 use of or reliance on any such Content, goods or products available on or through any such site or resource.
You agree to hold harmless and indemnify CTdeveloping, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "CTdeveloping and Partners") from and against any third party claim arising from or in any way related to your use of CTdeveloping products, violation of the Terms or any other actions connected with use of CTdeveloping products, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, CTdeveloping will provide you with written notice of such claim, suit or action.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CTDEVELOPING AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CTDEVELOPING OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CTDEVELOPING PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM CTDEVELOPING PRODUCTS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CTDEVELOPING PRODUCTS; OR (v) ANY OTHER MATTER RELATING TO CTDEVELOPING PRODUCTS.
15. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that CTdeveloping may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on CTdeveloping products.
18. GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and CTdeveloping and govern your use of CTdeveloping products, superceding any prior agreements between you and CTdeveloping for the use of CTdeveloping products. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CTdeveloping products, affiliate products, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and CTdeveloping shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and CTdeveloping agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.
Waiver and Severability of Terms. The failure of CTdeveloping to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of CTdeveloping products or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.
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