Devpost Jobs Terms of Service: Employers
- It’s free for your team members to register, create a team page, post jobs, and receive job applications. We only charge if you hire someone who applied through Devpost.
- Devpost screens candidates to make sure they’re software engineers before they can access team pages and job opportunities.
- You must notify us if you hire a candidate who applied via Devpost. We charge a success fee equal to 15% of the hire’s first year base salary.
- If the new hire doesn’t work out within their first 90 days, we’ll provide a full refund of the success fee.
The Devpost Terms of Service for Candidates apply to users of the Site seeking employment through Devpost, and the Devpost Terms of Service for Hackathons apply to users of the Site posting or participating in hackathons. In the case of any conflict or inconsistency between this Agreement and any other Devpost Terms of Service which apply to a user, this Agreement shall control.
1. ACCEPTANCE OF AGREEMENT
Your access to and use of the Site and the Services are governed by and subject to this Agreement so please read it carefully. By accessing or using this Site or the Services in any way on behalf of an employer or other entity, including using the Service, completing the registration process, and creating a Team Page or Job Listing (both as defined below), you represent and warrant that: (1) you have read, understand, and agree to be bound by the Agreement; (2) you are of legal age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to form a binding contract with Devpost; (3) if you are signing, clicking a button indicating your acceptance, or otherwise executing this agreement, you have the authority to enter into the agreement on behalf of the company you have named as the employer, and to bind that company to the Agreement. If you do not agree to be bound by this Agreement, you may not access or use this Site or the Service on behalf of an employer or other entity.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY DEVPOST IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Revised” date on the Agreement. If we make any material changes, and you have registered to use the Service, we will also send an email to you at the last email address you provided to us in connection with this Agreement and your Team Page. Any changes to the Agreement will be effective immediately for new users of the Site or Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the Site (“Registered Users”) upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. Devpost may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
Below are some definitions of terms used throughout the Agreement.
“Devpost,” “us,” “we,” and “our,” refer to our company, Devpost Inc., our Site or our Service, as is appropriate in the context of the use of the words.
“Employer” refers to a company using the Site and Service that is interested in hiring Candidates through the use of our Service and any Users acting on their behalf. Employers can create team pages, describing the people and work of a team of software developers at their company, post job opportunities, and receive job applications.
“You” refers to you individually and/or the company or legal entity identified as an Employer when you create a Team Page, and any user acting on behalf of such a company or legal entity.
“Candidate” refers to users of our Service who are seeking employment through Devpost.
“Users” means Employers, Candidates, and other visitors to the Site and users of the Service who have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible content.
“Content” means various content including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, source code, other material and information, and associated trademarks and copyrightable works, that the Service makes accessible through the Site, email, and other media.
“User Content” means any Content submitted by Users.
“User Profile” means User Content that describes a User’s skills, work related to software development, affiliations, software projects, activity on the Site, or other biographical content.
“Team Page” means User Content about an Employer, including a description of a team of software developers working at the Employer and job opportunities at that Employer.
“Job” or “Job Listing” means User Content posted by an Employer describing an opportunity for employment with the Employer for a fixed or indefinite term. Job Listings are primarily for indefinite full-time roles but may also include internships or employment as a contractor or consultant.
“Job Application” means User Content submitted on the Site by a Candidate to an Employer in response to a Job Listing, and with the intent of seeking employment with that Employer
“Employment Offer” means an offer of employment for a fixed or indefinite term.
“Consulting Offer” means an offer of employment as a contractor or consultant for a fixed or indefinite term (each a “Consulting Engagement”).
“Internship” means an opportunity for a Candidate to work, as an intern or in a co-op arrangement, for an Employer for a fixed period of time to assess job skills and shall only apply to Candidates that are enrolled in college or graduate school, or who have graduated from college or graduate school in the past 6 months.
“Internship Offer” means an offer to participate in an Internship with an Employer.
“Covered Offer” means:
(a) an Employment Offer, Consulting Offer, or Internship Offer from an Employer, accepted by a Candidate who submitted a Job Application to the Employer on the Devpost Site within the 12 months prior to the Candidate’s acceptance of the Employment Offer, Consulting Offer, or Internship Offer; OR
(b) an Employment Offer or Consulting Offer accepted within the 12 months following the Candidate completing a Consulting Engagement or Internship which resulted from the Candidate submitting a Job Application to the Employer on the Devpost Site.
“Intellectual Property Rights” means copyrights, trademarks, trade secrets, patents, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans, representations, and any and all other proprietary rights.
3. SUMMARY OF SERVICE
The Services allow you to recruit high quality software engineers efficiently by providing Candidates with relevant information about your company, engineering teams, and job opportunities. Through the Services, you may create Team Pages, post Job Listings, and receive Job Applications, among other things. Currently, the Services may be used for hiring full time employees for an indefinite term. However, if you use the Services for part-time, contract or temporary employment, the fees described in Section 7 will apply.
As an employer, you can recruit high quality software engineers by creating a Team Page, which describes your company, members of a software development team, technologies and processes used by the team; by posting software engineer Jobs; and by receiving Job Applications.
- There is no charge to employers to register, create a Team Page, post Jobs, or receive Job Applications.
- Devpost markets the Site and Service to software engineers, who are required to apply to Devpost for access to employer Team Pages and Job Listings. Devpost screens applicants based on the general suitability of their experience and qualifications for the types of Jobs posted by employers on the Site (e.g. software engineering jobs).
- Decisions about whether to accept an applicant as a Candidate will be made in Devpost’s sole discretion. You and your Employer acknowledge and agree that acceptance of an applicant as a Candidate in no way indicates the suitability of that Candidate for any particular Job, and each Employer is solely responsible for vetting and selecting Candidates for the Jobs it posts to the Service.
- If you hire someone who applied to your Job through Devpost, there is a success fee equal to 15% of the Candidate’s first year base salary (the “Success Fee”). A Success Fee (as further defined in Section 7 below) will only be collected from you in accordance with Section 7 after you have successfully hired a Candidate.
- We provide you with a 90-day guarantee period. There is a full refund of the success fee within this time period if the new hire doesn’t work out.
- Employers must notify Devpost if they hire a candidate who applied via Devpost.
To use Devpost as an Employer and contribute Content to a Team Page, invite team members to contribute, and post Job Listings on our Site, you will be required to sign up for a Devpost account. It is free to create a Devpost account, including as an Employer.
You agree that the confidentiality of your username and password are your responsibility. You agree to accept responsibility for all activities that occur under your username and password and to notify us immediately if you believe there has been any unauthorized use of your account or other breach of security.
We reserve the right to suspend or terminate User accounts, and to reclaim or re-assign usernames without any liability to you. Usernames are displayed publicly on the Site. You agree not to create a username that is obscene or offensive to others, or impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity. We reserve the right to reclaim usernames associated with accounts that are inactive for more than six months. We may also reclaim usernames on behalf of organizations or individuals, if they hold legal claim or trademark on those usernames.
In registering for an account on the Site, you agree to (1) provide true, accurate, current, and complete information about yourself, your Employer, or your team (as applicable) as prompted by the Service sign up form and included in your User Profile and (2) maintain and promptly update your User Profile or Team Page to keep it true, accurate, current and complete. If you provide any User Content that is untrue, inaccurate, not current, or incomplete, or Devpost has reasonable grounds to suspect that such User Content is untrue, inaccurate, not current or incomplete, Devpost has the right to suspend or terminate your account and refuse any and all current or future use of the Site and/or Service. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself or your Employer. You agree that you shall not have more than one account. You agree not to create an account or use the Site or Services if you have been previously removed by Devpost, or if you have been previously banned from the Site or Service.
5. TEAM PAGES & JOB LISTINGS
Employers create Team Pages to describe their company, members of a software development team, team projects, and technologies and processes used by the team. Team Page Content is intended for the purpose of showcasing publicly a team’s non-confidential work related to software development, and informing Candidates about what it’s like to work on the team. Team Pages may also include Job Listings for roles related to software development (e.g. developers, engineers, QA, data scientists, software designers, etc.), and answers to questions submitted by candidates.
Employer employees may submit Team Page Content, including Job Listings, for themselves and their current employer. Professional recruiters are not allowed to submit Team Page Content as an agent for another entity. Your account is for your use only and is not transferable. Multiple Users from an Employer may add and edit Team Page Content. It is the sole responsibility of the Employer to determine which Users are authorized to add and edit Team Page Content. Employers can add or remove Users from a Team Page on the Site or by notifying Devpost.
Each Employer (including all Users acting on behalf of their Employer) hereby represents, warrants and covenants to Devpost that the Employer has received all necessary approval and authorization from the relevant parties or departments of the Employer’s company to share the Team Page Content on the Site on the company’s behalf. Employers further agree that any Team Page Content, including Job Listings, will:
- Accurately represent themselves, their company, and any Jobs listed;
- Be consistent with the intended purpose of a Team Page on the Site;
- Comply with their employer’s workplace policies;
- Not include confidential information, or other information about an entity or person which you are not authorized to disclose;
- Comply with all applicable federal, state, and local laws; and
- Comply with the Responsibilities and Code of Conduct outlined in Section 8.
Employers agree to only list, post, or link to Jobs or positions for which the Employer has reasonable and legitimate intent to hire.
Employers agree not to advertise any Job or position on the Site, through a listing, posting, or link to a third party website, in violation of any law in your country or state, or the country or state where the job or position will be performed. This includes, but is not limited to:
- Employment solicitations that violate the Equal Employment Commission’s Guidelines or employment eligibility laws;
- Posting Jobs in the United States without possessing valid Federal or State Employer Identification Numbers, if applicable;
- Soliciting employees through intentional misrepresentation;
- Requiring applicants to pay to apply for employment;
- Posting jobs that require employee-provided uniforms, personal equipment, bonds, or other purchases in violation of state law; or
- Posting jobs that require employee testing in violation of state law.
By posting a Team Page or advertising a Job Listing on the Site, you represent, warrant, covenant and agree that your Team Page Content and any Job Listings meet these requirements. You also release Devpost, and its employees, agents, and affiliates from any claim or loss related to the Team Pages, including reasonable attorney fees and court costs, and take sole responsibility for any such claim made by any job applicant or other third party due to your posting of a Team Page or job opportunity, or subsequent interaction with a job applicant or other third party.
Devpost reserves the right to approve any Team Page Content, including Job Listings, before it is posted on the Site. We may refuse any User the right to post Team Page Content, or remove Team Page Content, if we deem that the Team Page Content is incomplete, misleading, inappropriate, or inconsistent with the purpose of the Site or Service.
You may edit or remove your Team Page Content, including Job Listings and Employer authorized Users, at any time. If you are unable to edit or remove Team Page Content on the Site yourself, email us at firstname.lastname@example.org.
6. CANDIDATE JOB APPLICATIONS
Once we have accepted the registration of an Employer and published their Team Page and Job Listings on the Site, the Employer will be able to receive Candidate Job Applications. Candidates must apply first to Devpost in order to access Employer Team Pages and Job Listings. Devpost screens Candidates based on the general suitability of their experience and qualifications for the types of Jobs posted by Employers on the Site (e.g. software engineering experience). Candidate Applications to Employers on the Site may include public profiles (LinkedIn, Twitter, Github, Devpost User Profile, and personal websites) as well as non-public personal information, including but not limited to, a resume, contact information, and other biographical information. Job Applications will be sent by email to addresses designated by the Employer on the Site. It is the sole responsibility of the Employer to maintain and update the email addresses to which Candidate Job Applications are directed.
YOU UNDERSTAND THAT DEVPOST DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. YOU AGREE TO (1) CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE MAKING AN OFFER OF EMPLOYMENT TO A CANDIDATE, AND (2) COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO THE INTENDED EMPLOYMENT OF ANY CANDIDATE.
You agree that Devpost does not act as an agent on your behalf and is only a platform to enable Candidates to learn about Jobs, the Employer and to submit Job Applications. Candidates and Employers are responsible for any issues or disputes between one another arising from their use of the Site or Service. Any agreements or contracts created between an Employer and a Candidate as a result of using our Site are not binding on Devpost. We are not liable for, or obligated to enforce, any agreements between an Employer and a Candidate. You will not consider Devpost, nor will Devpost be construed as, a party to such transactions, whether or not Devpost receives some form of remuneration in connection with the transaction, and Devpost will not be liable for any costs or damages arising out of or related to such transaction.
7. FEES AND PAYMENT
Currently Devpost Jobs is for hiring full time employees for an indefinite term. However, Devpost charges a Success Fee for Candidates identified through the use of our Service including if the Candidate is hired for fixed term employment, a Consulting Engagement, or an Internship. If a Candidate identified through use of our Service accepts a Covered Offer, the Employer will be charged a Success Fee as follows:
- In the case of an Employment Offer, the Employer must pay an upfront Success Fee equal to 15% of the Candidate’s first year base salary.
- In the case of a Consulting Engagement or Internship, the Employer must pay an upfront Success Fee equal to either 15% of the Candidate’s first year base salary, if the Consulting Engagement or Internship is for an indefinite term or for a fixed term of one year or more; OR 15% of the Candidate’s total fixed term compensation, if the Consulting Engagement or Internship is for a fixed term of less than one year.
- In the case of an Employment engagement accepted by a Candidate after completion of an Internship or Consulting engagement that resulted from a previous Covered Offer, the Employer must pay an upfront Success Fee equal to the difference between 15% of the Candidate’s first year base salary and the Success Fee paid in connection with the previous Covered Offer.
In each case the upfront Success Fee amount shall be due and payable thirty (30) days after the date on which a Candidate commences work under a Covered Offer (the “Start Date”).
Notwithstanding the foregoing, in the event of a Success Fee dispute, if an Employer can establish that the Employer was engaged in an Active Process (as defined below) with the Candidate before the Candidate submitted a Job Application to the Employer on our Site, the Employer may be exempted from paying the Success Fee. However, the final determination as to whether a Success Fee is owed by the Employer for an accepted Covered Offer will be at the sole discretion of Devpost. For the purposes hereof, “Active Process” shall mean that a Candidate had already begun the interview process with the Employer before applying through the Site or Service, or the Employer had received the Candidate’s resume from an employment agency or headhunter, and the Candidate was under active consideration by the Employer as evidenced by continuous direct, back and forth communication, in an active recruiting or hiring context, where a decision to put a Candidate on hold or reject had not been made within the three (3) months prior to the Candidate submitting a Job Application to the Employer through the Site or Service.
As an Employer using our Site and/or Service, you agree to the Success Fee provisions and to pay all Success Fees as set forth above. If you do not agree with any of the provisions of this Agreement, please terminate your account immediately and cease using Devpost and the Site and Services. YOUR OBLIGATION TO PAY ANY SUCCESS FEES SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Employer agrees to pay the Success Fees charged to Employer’s account in accordance with the fees, charges, and billing terms in effect at the time the Success Fee is due and payable hereunder.
Devpost reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on the Site or by email delivery to you.
Devpost is committed to placing quality Candidates with Employers that are a great match. If (1) an Employer hires a Candidate and terminates the Candidate’s Employment based on unsatisfactory performance within ninety (90) days of the Start Date; (2) a Candidate voluntarily terminates his or her Employment within ninety (90) days of the Start Date; or (3) a Candidate does not start Employment because either the Employer or Candidate elects not to begin the employment relationship contemplated in the Covered Offer (each, a “Termination Event”), upon written receipt and confirmation of such information, Devpost will fully refund to the Employer the upfront Success Fee related to the Candidate who was the subject of the Termination Event, if such upfront Success Fee was paid by Employer prior to the Termination Event.
8. RESPONSIBILITIES AND CODE OF CONDUCT
All Devpost Users, including Employers, agree to post or make available content (including any User Profile, Team Page, and Job Listing) and otherwise use the Site in a manner that:
- Complies with all applicable laws and regulations including federal, state, or local laws;
- Provides accurate information about you, your team, and any organization with which you have a current or past affiliation;
- Accurately represents your work and gives credit to others when appropriate or required; and
- Respects others’ Intellectual Property Rights.
All Users agree NOT to post or make available content (including any User Profile, Team Page, Content, User Content, Job Listing, Job Application, or any Covered Offer) or otherwise use the Site in a manner that:
- Misrepresents your identity, or your current or past work, education, skills, or qualifications;
- Misrepresents any entity or organization;
- Impersonates any person or entity, including, but not limited to a Devpost employee, or falsely states or otherwise misrepresents your affiliation with any person or entity;
- Uses or attempts to use another User’s account;
- Discloses information about another person or entity, including your employer, that is confidential, or that you are not authorized to disclose;
- Is harmful, threatening, abusive, harassing, defamatory, derogatory, libelous, invasive of another’s privacy, harmful to minors in any way, or hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Depicts hatred, is in bad taste, incites violence or is likely to incite violence, contains excessive vulgar or obscene language or excessive violence, contains pornography, obscenity or sexual activity;
- Violates any law or regulation, including federal, state, or local laws;
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or violates any contractual or fiduciary obligation;
- Substantially duplicates other User Content previously entered on the Site (by you or another User);
- Constitutes or contains “affiliate marketing;” “link referral code;” “junk mail;” “spam;” “chain letters;” “pyramid schemes;” unsolicited commercial advertising; or any other form of excessive, repetitive, and/or unsolicited messages to other users;
- Contains malware such as software viruses, worms, 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;
- Discloses personal information about another person such as their email address, telephone number, address (street or box number), or social security number;
- Disrupts the normal flow of dialogue with an excessive amount of content to the Site, or otherwise negatively affects other users’ ability to use the Site;
- Constitutes excessive use of site features, inconsistent with the intent and purpose of the Site, and/or placing an undue burden on the Services;
- Uses manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” the Site, User Content (including User Profiles and Team Pages), or any related data or information;
- Employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site;
- Disparages another person, company, or Devpost; or
- Contains any other content or constitutes any other action, which in the sole judgment of Devpost, is inappropriate or inconsistent with the purpose of the Site.
Without limiting the foregoing, you understand that all User Content posted on, transmitted through, or linked from the Site, is the sole responsibility of the person or entity from which such User Content originated. You understand that Devpost does not control, and is not responsible for User Content made available through the Site, and that by using the Site, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Devpost makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any User Content.
Devpost does not and cannot review all User Content or other communications and materials posted to or created by Users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content and other communications and materials on the site, Devpost is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Devpost reserves the right to block or remove communications or materials that it determines to be in violation of the Code of Conduct.
You are solely responsible for any User Content contributed by you and, in the case of Employers, any User Content contributed by your employees in connection with a Team Page or Job Listing. User Content will not be treated as confidential. Unless otherwise specified, or if an option does not exist on the Site to hide or restrict access to specific User Content, you should assume that such User Content will be displayed publicly. If the Site provides you with the option to do so, you are responsible for indicating what User Content is shared publicly or shared with Candidates, including prospective Employers. We reserve the right to edit or delete any User Content without notice, in whole or in part, at our sole discretion. See Section 12 for details on the Digital Millennium Copyright Act.
Violation of any of this Section 8 may result in the removal of some or all of your User Content (including User Profile Content, Team Page Content, and Job Listings) and/or termination of your Devpost account at the sole discretion of Devpost.
You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Content that is submitted to the Site. You agree that you 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.
Although we may choose to edit or delete any clearly defamatory Content, we are not required to, and we reserve all defenses for such speech made available to us by Section 230 of the Communications Decency Act, applicable statutes, the common law, and the First Amendment to the Constitution of the United States of America.
9. INTELLECTUAL PROPERTY RIGHTS
A. Devpost Content
The Site contains various information in the form of data, text, graphics, and other materials from Devpost and our third party licensors (the “Devpost Content”). You acknowledge that this Site and various elements contained therein are protected by Intellectual Property Rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Devpost Content is and shall remain the property of Devpost or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Devpost Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Devpost Content, in whole or in part.
The trademarks, service marks, trade names and logos (collectively, the “Trademarks”) used and displayed on our Site are registered and unregistered trademarks of ours or our licensors. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Devpost and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by us, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us. The Trademarks used and displayed on our Site are and shall remain the sole property of us or their respective owners. Nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license, ownership right, or right to use any Trademarks used or displayed on our Site. The misuse of the Trademarks displayed on our Site, or any other Devpost Content on our Site, is strictly prohibited.
All rights are reserved. Unauthorized copying or use of any Devpost Content or Intellectual Property Rights without the express written consent of Devpost is strictly prohibited.
A. User Content
Devpost will not have any ownership rights over your User Content, including Team Page Content and Job Listings. However, Devpost needs the following licenses to operate the Site and perform and market the Service on your behalf, on behalf of our other Users, and on our own behalf.
(i) General User Content
Except as provided below with respect to Team Page Content, you hereby grant to us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and derivative works, and distribute your User Content for any purpose, commercial, advertising, or otherwise, in any media or distribution method (now known or later developed).
(ii) Team Page Content
Employers have and shall retain sole and exclusive title and ownership of all Team Page Content, including Job Listings, and all Intellectual Property Rights relating thereto. By posting Team Page Content on the Site, Employers grant to Devpost a non-exclusive, worldwide, royalty-free license to use, distribute, display and reproduce the Team Page Content, including any Job Listings, in order to perform the Service.
10. NO WARRANTIES; LIMITATION OF LIABILITY
Devpost has no special relationship with or fiduciary duty to you. You acknowledge that Devpost has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the User Content or Devpost Content may have on the users; how users may interpret the User Content or Devpost Content; or what actions users may take as a result of having been exposed to the User Content or Devpost Content.
Although Devpost and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither Devpost nor the Site is responsible or liable in any way for the failure to store, preserve or access User Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your User Content.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE OR OTHER PRODUCTS OR SERVICES OFFERED HEREUNDER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THAT THE USE OF THE SITE WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) BE FREE FROM ERRORS, OR THAT DEFECTS WILL BE CORRECTED; (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, WE SHALL NOT BE LIABLE FOR (I) INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, OR (II) DIRECT DAMAGES IN EXCESS OF AN AMOUNT EQUAL TO THE FEES THAT WE HAVE COLLECTED FROM YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using this Site, you acknowledge that Devpost is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site, including but not limited to downloads of content posted by users; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content; or (4) the temporary or permanent inability to access or retrieve any content from the site, including, without limitation, harm caused by viruses, worms, Trojan horses, or any similar contamination or destructive program.
In addition, no warranty is made as to the results that may be obtained from use of the Services to solicit applications for employment, or the accuracy, reliability, or content of any product, service or information provided through or in connection with the Services, including User Profiles and Team Pages. Devpost has no control over, and is not responsible for, the acts or omissions of Users, or the accuracy of User Profiles or Team Pages or other User Content posted by Users. Devpost hereby disclaims any and all warranties in respect of the Services, express or implied, including any warranties concerning the merchantability, fitness for any particular purpose, or use by a User or Employer.
Devpost is not liable for any contracts, contractual obligations or any other obligations that may arise by statute or operation of law, resulting from any employment or commercial relationship, whether attempted or formalized, between Candidates and Employers.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
You release, indemnify, defend and hold harmless Devpost, our parent, subsidiary, and affiliated companies, and all of their respective past and present officers, directors, members, managers, employees, agents, representatives affiliates, suppliers, successors and assigns (hereafter the “Released Parties”) from and against any and all claims, damages, losses, expenses, and liabilities (including without limitation reasonable fees and costs for attorneys and investigations), arising out of, based on, or in connection with (i) your misuse of the Site, Services or Content; (ii) a dispute with another User of our Site; (iii) your breach of this Agreement; (iv) your violation of any law or the rights of any third party, including intellectual property rights; (v) your User Content; (vi) your negligence resulting in damages of any kind to persons and property, (vii) defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your use of the Site or Service.
Without limiting the foregoing, the Released Parties shall have no liability in connection with:
(i) any incorrect or inaccurate information caused by Devpost’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the operation of the Site;
(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Site;
(iii) unauthorized human intervention in any part of the Site’s operation;
(iv) technical or human error which may occur in the administration of the Site or Service; or
(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your use of the Site or Service.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Devpost is capable of finding and verifying its existence.
- Contact information about the notifying party (“Notifying Party”), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party’s physical or electronic signature.
Devpost’s designated Copyright Agent to receive notifications of claimed infringement is:Copyright Agent
222 Broadway, 19th Floor
New York, NY 10038
13. APPLICABLE LAW
This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.
14. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Content, the Site or the Services (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in New York County, New York may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York County, New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
15. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
The failure of Devpost to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign any of your rights under these Terms, and any such attempt will be void. Devpost may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.
Devpost reserves the right in its sole discretion to refuse, suspend, or terminate your account, your access to our Site or any portion of our Site without notice. We may terminate this Agreement, at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you may do so by notifying Devpost at any time and closing your account for the Service. Your notice should be sent in writing. Termination of the Agreement may result in the immediate deletion of any or all of your User Content. Devpost will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.
20. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and us with respect to your use of our Site and Service for recruiting purposes, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Site and Service.
If you are seeking employment through Devpost, the Devpost Terms of Service for Candidates also apply to your use of the Site and Service. If you are posting or participating in a hackathon on Devpost, the Devpost Terms of Service for Hackathons also apply to your use of the Site and Service.
21. LINKS TO THIRD PARTY WEB SITES
Our Site may contain links to third party websites. Any such links are provided for your convenience only. We do not control those websites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.
22. CONTACT US
Questions or comments regarding our Site, including any reports of non-functioning links, should be submitted using our email address at email@example.com, or via U.S. mail to 222 Broadway, 19th Floor, New York, NY 10038.
Last Updated: March 10, 2017