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javaDojo User Agreement

Effective July 2008

This User Agreement ("User Agreement") governs your access to, and use of, the {dvl}DB System ("System"), an application owned and operated by JavaDojo LLC. ("javaDojo"), through our Web site. By accessing or using the System, you signify that you have read, understand and agree to be bound by this User Agreement. javaDojo may modify this User Agreement at any time and without notice. If we do this, we will post the modified version on this page and will indicate at the top of this page the date that this User Agreement was last revised. Your continued use of the System after any such changes constitutes your acceptance of the new User Agreement. If you do not agree to abide by this or any future User Agreement, do not use or access (or continue to use or access) the System. It is your responsibility to regularly check this page to determine if there have been changes to this User Agreement and to review such changes.

Ownership

You acknowledge that javaDojo owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the System, and that you do not acquire any right, title or interest in or to the System, except as expressly set forth in this User Agreement. "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

Trademarks

{dvl}DB is a trademark of JavaDojo LLC. The {dvl}DB logo is a trademark of JavaDojo LLC.

Privacy Policy

Access to information about you through the System is governed by javaDojo's privacy policy ("JavaDojo Privacy Policy"), accessible at www.dvldb.com/privacy. Your election to use the System indicates your acceptance of the terms of the Privacy Policy, so please review it carefully.

Account Responsibility

You are responsible for maintaining the confidentiality of your account login information. You are responsible for all activities that occur in your account and you agree to notify javaDojo immediately of any unauthorized account use. javaDojo is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of your {dvl}DB account.

Restrictions

  1. You agree that you shall only use the System in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the System, including but not limited to applicable restrictions concerning privacy, copyright and other intellectual property rights.

  2. You may not use the System to upload, post, post links to, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (i) Using invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (ii) Posting unsolicited promotional messages; and (iii) Sending messages to distribution lists, newsgroup aliases, or group aliases.

  3. You may not use the System to upload, post, post links to, email or otherwise transmit or make available content which is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, discriminatory, or racially, sexually, ethnically or otherwise objectionable.

  4. You may not upload, post, post links to, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

  5. You may not upload, post, post links to email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.

  6. You may not upload, post, post links to, email, transmit, or otherwise make available any private information of any third party, such as, addresses, phone numbers, email addresses (except to send invitations and indicate friend relationships within the System), Social Security numbers or credit card numbers.

  7. You may not upload, post, post links to, email, transmit, or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

  8. You may not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

  9. You may not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.

  10. You may not register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity.

  11. You may not use or attempt to use another's account without authorization from javaDojo.

  12. You may not use the System to intimidate, stalk, or harass another.

  13. You may not use automated scripts to collect information from or otherwise interact with the System or use manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the System.

  14. You may not interfere with or disrupt the functions of the System or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System or use the System in any manner that could damage, disable, overburden or impair it.

  15. You may not use the System if you are under the age of 13 or to solicit or collect any information from children under the age of 13.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the System, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the System, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the System.

Disclaimer of Warranties

THE SYSTEM IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. JAVADOJO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JAVADOJO FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF THE SYSTEM. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Indemnification

You agree to indemnify and otherwise hold harmless javaDojo, its officers, employees, agents, subsidiaries, affiliates and other partners from and against all losses, damages, fines and expenses (including attorneys' fees) resulting from (i) your use of the System; or (ii) your violation of this User Agreement.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that javaDojo may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of javaDojo, its users, and the public.

Limitation of Liability

JAVADOJO SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS USER AGREEMENT OR THE USE OF THE SYSTEM UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OR INACCURACY, CORRUPTION OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE, OR TECHNOLOGY. THIS LIMITATION SHALL APPLY EVEN IF JAVADOJO WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. THE SERVICE IS PROVIDED WITHOUT CHARGE AND THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THE USER AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL JAVADOJO'S CUMULATIVE DAMAGES EXCEED USD100.

Term and Termination

The term of this User Agreement shall commence on the date upon which you register on the System and shall continue in force thereafter, unless terminated as provided herein. JavaDojo may change, suspend or discontinue all or any aspect of the System, including its availability, at any time, and may terminate your use of the System at any time without prior notice for any reason or no reason. You agree that all terminations may be made in JavaDojo's sole discretion and that JavaDojo shall not be liable to you nor any third-party for any termination of your account or access to the System.

Applicable Law and Venue

This User Agreement and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be performed entirely in California, without regard to conflict of law principles. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in San Francisco County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this User Agreement.

Waiver and Severability

The failure of JavaDojo to require performance by you of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by JavaDojo of a breach of any provision hereof be taken or held to a waiver of the provision itself. If any provision of this User Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this User Agreement shall remain in full force and effect.

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