TERMS OF USE

Last Updated March 16, 2013
(Effective Date August 29, 2012)

1. ACCEPTANCE OF TERMS

 

PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE CLICKING THE "ACCEPT" BUTTON OR DOWNLOADING OR USING SLASHDOT’S MOBILE APPLICATION (THE "MOBILE APPLICATION") ACCOMPANYING THIS LICENSE.  BY CLICKING THE "ACCEPT" BUTTON OR DOWNLOADING OR USING THE MOBILE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AND THE TERMS AND CONDITIONS OF THE SLASHDOT PRIVACY POLICY LOCATED AT  http://slashdotmedia.com/privacy-statement/ AND INCORPORATED HEREIN BY THIS REFERENCE.  

 

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE "ACCEPT" BUTTON AND YOU MAY NOT USE THE MOBILE APPLICATION TO WHICH THIS LICENSE APPLIES.

 

Dice Inc., through its Slashdot Media business (“Slashdot”) reserves the right, at Slashdot’s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon your accessing the Mobile Application. Your continued use of the Mobile Application following the posting of changes to these Terms will mean that you accept those changes.  Slashdot reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Mobile Application (or any part thereof). Slashdot shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein. By using the Mobile Application, you warrant to Slashdot that you will not use the Mobile Application, or any of the content obtained from the Mobile Application, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Mobile Application automatically terminates.

 

 

2. LICENSE GRANT

Slashdot grants you a revocable, non-exclusive, non-transferrable, limited right to install and use the Mobile Application on a single mobile telephone or device controlled by you (each a "Mobile Device"), and to access and use the Services on such Mobile Device strictly in accordance with the terms and conditions of these Terms and the applicable rules described in Section 16.  You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile Application; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Mobile Application; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Mobile Application; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Slashdot or its affiliates, partners, suppliers or the licensors of the Mobile Application or otherwise obscure or modify the any manner in which the material is displayed by means of the Mobile Application; (v) install, use or permit the Mobile Application to exist on more than one Mobile Device at a time or on any other mobile device or computer, other than by means of Your separate downloads of the Mobile Application, each of which is subject to a separate license (this restriction however does not limit Your right to reinstall the Mobile Application on the specific Mobile Device for which it was downloaded); (vi) make the Services available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (vii) use the Mobile Application for data mining, scraping, crawling, redirecting, or compiling a collection of listings or data for any purpose other than one authorized pursuant to this License; (viii) use the Mobile Application to send automated queries or to send any unsolicited commercial e-mail; (x) use the Mobile Application to attempt to interfere with the proper functioning and display of the proper operation and usage of the Mobile Application or Slashdot websites by any other authorized users and third parties; or (x) use any proprietary information or interfaces of the Mobile Application or other intellectual property for any reason.

 

 

 

3. DESCRIPTION OF SERVICES

The Mobile Application is owned and operated by Slashdot for the purpose of software development, discussion, implementation and innovation (the "Purpose"). The Mobile Application provide technology news, tools, products and education for the IT and developer community.

 

4. REGISTRATION OBLIGATIONS

When requested, you must: (1) personally provide true, accurate, current and complete information on the Mobile Application’s registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Slashdot has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, Slashdot may suspend or terminate that user’s account and prohibit any and all current or future use of the Mobile Application (or any portion thereof) by that user other than as expressly provided herein. Each user will receive passwords and account designations upon completing certain Mobile Application registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Slashdot cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this Section 4, including any loss or damage arising from any user’s failure to: (1) immediately notify Slashdot of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session. You represent and warrant that you are of legal age in your jurisdiction to create binding contractual and financial obligations and to assume any liability that you may incur as a result of your use of the Sites. You must be 13 years of age or older to use the Mobile Application. If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Mobile Application. The Mobile Application is not intended for those under the age of 13. Use of the Mobile Application is void where prohibited. For users of Sourceforge.net, you represent you are not a person on a list barring you from receiving services under U.S. laws or other applicable jurisdiction, including without limitations, the Denied Persons List and the Entity List, and other lists issued by the U.S. Department of Commerce, Bureau of Industry and Security, detailed at http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm (or successor sites thereto). Users residing in countries on the United States Office of Foreign Assets Control sanction list, including Cuba, Iran, Sudan and Syria, may not post Content to, or access Content available through, SourceForge.net. Slashdot handles user Registration Data in accordance with the Slashdot Privacy Policy.

 

5. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Slashdot, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Mobile Application. No user shall transmit Content or otherwise conduct or participate in any activities on the Mobile Application that, in the judgment of Slashdot, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. Slashdot reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, Slashdot shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Slashdot, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Slashdot to protect the rights, property, or personal safety of the Mobile Application users and the public. Slashdot does not control the Content posted to the Mobile Application and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Slashdot be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Mobile Application. Each user, by using the Mobile Application, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE MOBILE APPLICATION:

With respect to text or data entered by you into and stored by publicly-accessible site features such as forums, comments and bug trackers ("Slashdot Public Content"), the submitting user retains ownership of such Slashdot Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Slashdot. In each such case, the submitting user grants Slashdot the royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Slashdot Public Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

 

a.  Content Posting to SourceForge.net

With respect to Content posted to private areas of Sourceforge.net (e.g., private development tools or mail), the submitting user may grant to Slashdot or other Sourceforge.net users such rights and licenses as the submitting Sourceforge.net user deems appropriate. Content located on any Slashdot-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by Slashdot as applicable to such Content. For the purposes of these Terms, "Code" means any software code you submit, post, display or distribute via: any of our software configuration management ("SCM") repositories (including, CVS, Subversion, Git, Bazaar and Mercurial) or SourceForge.net’s file release system, and "Associated Content" means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via SourceForge.net, but does not include Code. "SourceForge Content" means any Code or Associated Content.

When you submit, post, upload or otherwise provide Code to SourceForge.net (including whether via this Mobile Application), you must designate promptly the software license pursuant to which licensees (including Slashdot) obtain rights with respect to such Code. Except as otherwise expressly permitted by these Terms, any Code submitted to SourceForge.net must be licensed to Slashdot and other licensees under a license that is: compliant with the Open Source Initiative ("OSI")’s Open Source Definition (http://www.opensource.org/docs/osd) or certified as an "OSI-Approved License" (http://opensource.org/licenses).

Please note that Slashdot is not affiliated with the OSI.

 

Notwithstanding anything to the contrary in these Terms, once you have selected the OSI-Approved or compliant license applicable to your Code, Slashdot shall be a licensee of such Code under the applicable OSI-Approved or compliant license that you have chosen. You shall promptly notify Slashdot in writing if you do not have the right to grant Slashdot or any other user an OSI-Approved or compliant license to your Code. Until such time as you have selected the OSI-Approved or compliant license applicable to your Code, Slashdot shall be a licensee of such Code under the license terms applicable to Associated Content.

When you create or make available your SourceForge Content on Sourceforge.net, you represent and warrant that:  (i) you own or have sufficient rights to post or make available your SourceForge Content on or through SourceForge.net; (ii) the posting or making available of your SourceForge Content on or through SourceForge.net does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity; (iii) you have fully complied with any third-party licenses relating to your SourceForge Content, agree to pay for all royalties, fees and any other monies owing any person by reason of any of your SourceForge Content that you posted on or through SourceForge.net;  (iv) your SourceForge Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content; (v) your SourceForge Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another; (vi) your SourceForge Content does not endorse or promote racism, bigotry, hatred, or physical harm of any kind against another group or individual, and does not discriminate, incite harassment or advocate harassment of any group or individual; (vii) your SourceForge Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and well-being of minors; (viii) if your employer has rights to intellectual property you create, you have either received permission from your employer to make available your SourceForge Content, or secured from your employer a waiver as to all rights in or to your SourceForge Content; (ix) your SourceForge Content does not constitute, contain, install or attempt to install or promote spyware or malware or any other computer code (whether on Slashdot’s or others computers or equipment) intended to, or that does, enable you or others to gather information about or monitor the online or other activities of another party, unless it discloses such functionality to the user in a clear and conspicuous manner and the user affirmatively consents to such use; and (x) your SourceForge Content does not otherwise violate, or link to material that violates, any provision of these Terms or any local, state, or federal law or regulation, including any law designed to regulate electronic advertising.

By submitting Code to SourceForge.net, you certify that your Code is in compliance with the OSI-Approved or compliant license that you designate, and you hereby represent and warrant that you have all rights, licenses and consents necessary to grant Slashdot and other users the rights and licenses granted herein, and under the OSI-Approved or compliant license you designate, without infringement of any third party rights. In addition, the Code that you submit must also be made available in human-readable (i.e., "Source Code") form. Whenever reasonably feasible, you agree that you will make Source Code available on or via SourceForge.net corresponding to Code that you post, submit, display or distribute. You must make Source Code available for all portions of Code that you have modified, enhanced or otherwise created derivative works from (with any such modification or derivative work being a "Change"). Slashdot acknowledges that there may be situations where posting Source Code is not reasonably feasible; examples of such situations are when you are posting Code that: (a) is ancillary to other Code that you have Changed but such Code is only available to you in binary or executable form (such as closed-source device drivers or closed-source software frameworks); (b) is otherwise readily available in Source Code form online as part of an Open Source distribution, and where you notify users that the Source Code for such distribution is available elsewhere on the Internet (and you also provide a link to that location); or (c) Slashdot agrees in writing does not need to be posted in Source Code form.

 

For users posting on Sourceforge.net, you are aware that certain postings of open source encryption code are controlled under U.S. Export Control Classification Number (ECCN) 5D002, License Exemption TSU, which requires notice prior to export by email to the U.S. government.  Submit the notification or copy to crypt@bis.doc.gov and to enc@nsa.gov. You are responsible for submitting this email to the U.S. government and Section 740.13(e) of the Export Administration Regulations ("EAR") 15 C.F.R. Parts 730-772.  Note that products which use encryption solely for authentication are deemed 5×992 and the prior notification is not required.  For more information see:  http://www.bis.doc.gov/encryption/question2.htm

 

7. NO RESALE OF SERVICE

You agree not to sell, resell, or offer for any commercial purposes, any portion of the Mobile Application, use of the Mobile Application, or access to the Mobile Application.

 

8. GENERAL PRACTICES REGARDING USE AND STORAGE

Slashdot may establish general practices and limits concerning use of the Mobile Application. While Slashdot will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Slashdot has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Mobile Application. Slashdot reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. Slashdot reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above. In addition, you will use the Mobile Application in compliance with all applicable international, state, federal and local laws and in accordance with these Terms. You may not access or use the Sites for any purpose other than that for which Slashdot makes it available. Without limiting any other remedies, Slashdot may suspend or terminate your Mobile Application account if we suspect that you have engaged in unlawful or prohibited activity in connection with the Mobile Application. Slashdot reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in Slashdot’s sole discretion violates this provision. Prohibited activity includes, but is not limited to: illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking (including using any information obtained on or via the Mobile Application to harass, abuse, stalk, or harm another person), spamming, copyright infringement, patent infringement, or theft of trade secrets; using any information obtained from the Mobile Application in order to contact, advertise to, solicit, or sell to any user without such user’s prior explicit consent (including non-commercial contacts like chain letters); compiling or collecting Associated Content, Site Materials, or Sponsor Content from SourceForge.net as part of a database or other work; interfering with, disrupting, or creating an undue burden on the Mobile Application or the networks or services connected to the Mobile Application, including, without limitation, any attempt to circumvent the access controls or security measures of SourceForge.net; accessing the Mobile Application by any means other than through interfaces provided by Slashdot, unless otherwise specifically authorized by Slashdot in a separate, prior written agreement; circumventing, disabling or otherwise interfering with security-related features of the Mobile Application, or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Mobile Application or the Materials therein; attempting to impersonate another user or person, using the user account of another person, and selling or otherwise transferring your user account, or otherwise misrepresenting your affiliation with a person or entity; and, selling, reselling or offering for any commercial purposes, any portion of, use of, or access to the Sites, except where specifically endorsed or approved by Slashdot.

You acknowledge and understand that certain portions of the Mobile Application may require and utilize phone service, data access or text messaging capability. Except as otherwise noted as part of the Services, Slashdot does not charge for the use of the Mobile Application, but carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.

 

9. TERMINATION

Slashdot may terminate a user’s account in Slashdot’s absolute discretion and for any reason. Slashdot is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of the Mobile Application in a manner inconsistent with the Purpose; (4) a user’s request for such termination; or (4) as required by law, regulation, court or governing agency order. Slashdot’s termination of any user’s access to the Mobile Application may be effected without notice and, on such termination, Slashdot may immediately deactivate or delete user’s account and/or bar any further access to such files. Slashdot shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. Slashdot reserves the right to delete, or not delete, a user’s account at Slashdot’s sole discretion, as well as to delete, or not delete, content at Slashdot’s sole discretion.

 

10. LINKS

Slashdot, the Mobile Application or a third party may provide links to other websites. Slashdot exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Slashdot shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The Slashdot Privacy Statement is applicable only when you are on the Mobile Application. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.

 

11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY

Each user shall indemnify, defend and hold harmless Slashdot, and its parent corporation and affiliates and their respective officers, employees and agents, and each of Slashdot’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Mobile Application; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER’S USE OF THE MOBILE APPLICATION IS AT HIS OR HER SOLE RISK. THE MOBILE APPLICATION  IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SLASHDOT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SLASHDOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, SLASHDOT MAKES NO WARRANTY THAT (i) THE MOBILE APPLICATION OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF SLASHDOT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SLASHDOT SHALL NOT BE LIABLE 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 SLASHDOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY MOBILE APPLICATION OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOBILE APPLICATION; OR ANY OTHER MATTER RELATING TO THE MOBILE APPLICATION. IN NO EVENT SHALL SLASHDOT’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN SLASHDOT AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, SLASHDOT DOES NOT AND CANNOT CONTROL THE ACTIONS OF MOBILE APPLICATION USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE MOBILE APPLICATION. OPERATION OF THE MOBILE APPLICATION MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE MOBILE APPLICATION. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SLASHDOT. Any claim or cause of action arising out of or related to use of the Mobile Application or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

12. TRADEMARK INFORMATION

Slashdot, the Slashdot logo and other Slashdot trademarks including "SLASHDOT," "NEWS FOR NERDS, STUFF THAT MATTERS," "FREECODE," "SOURCEFORGE.NET," the Sourceforge.net logo, service marks, and product and service names are Slashdot trademarks or registered trademarks in the United States and in other countries (the "Slashdot Marks"). All other names and designs may be trademarks of their respective owners.

Slashdot is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, Slashdot expects you to resolve trademark disputes directly with the project administrator(s) rather than utilize Slashdot as an intermediary.

 

13. COPYRIGHTS

Slashdot respects the intellectual property rights of others, and requires that the people who use the Mobile Application do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Slashdot to locate the material (e.g., URL).

c. Information reasonably sufficient to permit Slashdot to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.

d. Include the following statement: "I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law."

e. Include the following statement: "The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

f. A physical, electronic or digital signature, in a form reasonably acceptable to Slashdot, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

g. Send written communication to the following contact:

Dice Inc.
1040 Avenue of the Americas
16th Floor
New York, NY 10018
(tel) 212-725-6550
(fax) 212-725-9127
Attention: Vice President Business Affairs & General Counsel.

i. Send electronically-signed communication to dmca@sourceforge.net A copy of your notice (with your personal contact information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. A link to your published notice may also be displayed in SourceForge.net’s search results in place of the removed material. DMCA Counter-Notification Procedure:

After receiving a notification of alleged infringement, Slashdot will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Slashdot will provide the project administrator(s) of the affected project or the provider of affected material with a copy of the notice. The administrator of an affected project or the provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the administrator of an affected site or the provider of affected material must provide a written communication (by fax, postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. (A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.) To expedite our ability to process your counter notification, please use the following format (including section numbers):

a. Identify the material that Slashdot has removed or to which Slashdot has disabled access and the location at which the material appeared before it was removed or access to it was disabled.

b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in Santa Clara County, California (if your address is outside of the United States, for any judicial district in which Slashdot may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.

c. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

d. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Slashdot.

e. Send written communication to the following address:

Dice Inc.
1040 Avenue of the Americas
16th Floor
New York, NY 10018
(tel) 212-725-6550
(fax) 212-725-9127
Attention: Vice President Business Affairs & General Counsel.

f. Send electronically- or digitally-signed communication to dmca@sourceforge.net Upon receipt of a counter notification in substantial compliance with the DMCA, Slashdot will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly. After receipt of the counter notification, Slashdot will generally replace the removed material and cease disabling access to it, unless Slashdot’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.

 

14. GENERAL

The Terms constitute the entire agreement between each user and Slashdot and govern each user’s use of the Mobile Application, superseding any prior and contemporaneous agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Slashdot shall be governed by the laws of the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York for any dispute arising under or in connection with this agreement, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce the Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of the Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time. Slashdot reserves the right to share or transfer personally identifiable information and aggregate information to a third party should Slashdot ever file for bankruptcy or in the event of a sale, merger or acquisition of Slashdot.

 

15. VIOLATIONS

Please report any violations of the Terms (except for claims of intellectual property infringement) to tou@dice.com.

 

16. ADDITIONAL OBLIGATIONS SPECIFIC TO YOUR MOBILE DEVICE.

 

16.1 Without limitation, your use of the Mobile Application with a Palm® Pre™ smartphone or via download from any website operated by Palm, Inc. is subject to rules established by Palm, Inc., located in the Palm® application store agreement the applicable provisions of which are incorporated herein by this reference. You may not imply that any Slashdot Public Content is any way sponsored or endorsed by Palm, Inc. Palm and Pre are trademarks of Palm, Inc. All other brand and product names are or may be trademarks of, and are used to identify products or services of, their respective owners.

 

16.2 Without limitation, your use of the Mobile Application with a BlackBerry® smartphone or via download from any website operated by Research in Motion Limited, including BlackBerry® AppWorld™ storefront, is subject to rules established by Research in Motion Limited, located at, or accessible through, the BlackBerry My World repository, the applicable provisions of which are incorporated herein by this reference. BlackBerry®, AppWorld™ and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world. Used under license from Research In Motion Limited.

 

16.3 Without limitation, your use of the Mobile Application with any Apple® device, including iPhone®, iPod touch® and iPad™ mobile digital device, is subject to the rules established by Apple Inc., including those terms set forth in the App Store Terms and Conditions located at http://www.apple.com/legal/itunes/ww/, the applicable provisions of which are incorporated herein by this reference. In the event of any failure of the Mobile Application to conform to any applicable warranty, You may notify Apple Inc. and Apple Inc. will refund to you the purchase price for the Mobile Application, if any; and, to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever to you with respect to the Mobile Application. Apple Inc. is not liable for any claims by you or any third party relating to the Mobile Application, or your possession or your use of the Mobile Application, including, but not limited to, (i) any product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. iPhone, iPod touch and iPad are trademarks of Apple Inc.

 

 

 

 

Supplemental Terms For Apple iPhone, iPod Touch and iPad Users

These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Mobile Application on Apple, Inc. ("Apple") iPhone, iPod touch and/or iPad products (collectively, "Apple Devices"):

A. Through your purchase, provided that you comply with the terms of this License, you are acquiring and Slashdot grants you a personal, limited, non-exclusive and non-transferable license to install and use the Mobile Application on authorized Apple Device(s) for personal, non-commercial use and subject to the rules set forth in Apple’s App Store Terms and Conditions, the applicable provisions of which are incorporated herein by this reference. This License does not entitle you to receive from Slashdot hard-copy documentation, support, telephone assistance or enhancements or updates to the Mobile Application.

B. You agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Mobile Application.

C. In the event of any failure of the Mobile Application to conform to any applicable warranty, You may notify Apple Inc. and Apple Inc. will refund to you the purchase price for the Mobile Application, if any; and, to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever to you with respect to the Mobile Application.

D. Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of the Mobile Application, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the Mobile Application or your possession and use of the Mobile Application infringes on the intellectual property rights of the third party.

E. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

F. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.