Legal

November 2017

PRIVACY POLICY

Welcome to the /dev/color website (including all subdomains, the “Site”), which is operated by /dev/color. This Site provides, among other things, information about our people, organization and application process, and tools for applicants to submit applications and go through the application process. This Privacy Policy sets forth /dev/color’s policy with respect to personally identifiable data (“Personal Data”) and certain other information that is collected from users of the Site.

Information We Collect:

When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, register an account with us or submit an application to us.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of /dev/color.

Other Information:

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Site, /dev/color may conduct research on the characteristics of such users, including but not limited to user demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and /dev/color may publish or otherwise disclose such aggregated information. This aggregate information does not identify you personally.

Our Use of Your Personal Data and Other Information:

/dev/color uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided or for other /dev/color-related purposes. For instance (but without limitation):

  • If you provide Personal Data in order to create a username and profile, we will use your Personal Data to provide you with access to such those components of the Site that require a username to administer your access to the Site and to monitor your use of the Site.

  • If you provide Personal Data to attend an event, we will use your Personal Data to give you access to that event and track the attendees of the event.

Our Disclosure of Your Personal Data and Other Information:

In addition to the disclosures described above, there are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Legal Requirements: /dev/color may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of /dev/color or individuals associated with /dev/color, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Your Profile:

If you create a username for the Site, please also note that your username, how long ago you created your account, your karma, and any information included in the “About” field in your profile will be viewable by the public in your publicly accessible profile page. Please note that we have no obligation to delete any content listed in your profile or otherwise remove their association with your profile or username.

Your Choices:

You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain components of the Site.

Links to Other Web Sites:

This Privacy Policy applies only to the Site. The Site may contain links to other web sites not operated or controlled by /dev/color (the “Third Party Sites”). The policies and procedures we describe here do not apply to the Third Party Sites. The links from the Site do not imply that /dev/color endorses or has reviewed the Third Party Sites.

Security:

/dev/color takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Please keep this in mind when disclosing any Personal Data to /dev/color via the Internet.

Changes to /dev/color’s Privacy Policy:

The Site and our operations may change from time to time. As a result, at times it may be necessary for /dev/color to make changes to this Privacy Policy. /dev/color reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

TERMS OF USE

Welcome to the /dev/color website (including all subdomains, the “Site”), which is operated by /dev/color and its affiliates (collectively, “/dev/color,” “we”, “us” and/or “our”). This Site provides, among other things, information about our people, organization and application process, and tools for applicants to submit applications and go through the application process.

THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST /DEV/COLOR/ ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use.

Access and Use of the Site

Your Registration Obligations: You may be required to register with /dev/color in order to access and use certain features of the Site. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify /dev/color of any unauthorized use of your password or account or any other breach of security. /dev/color will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Site: /dev/color reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that /dev/color will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

General Practices Regarding Use and Storage: You acknowledge that /dev/color may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that data or other content will be retained by the Site and the maximum storage space that will be allotted on /dev/color’s servers on your behalf. You agree that /dev/color has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site. You acknowledge that /dev/color reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that /dev/color reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions Of Use

User Conduct: In addition to any applicable guidelines or policies that may govern specific components of the Site, you agree to comply with the following conditions in using the Site. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise transmit via the Site. The following are examples of the kind of content and/or use that is illegal or prohibited by /dev/color. /dev/color reserves the right to investigate and take appropriate legal action against anyone who, in /dev/color’s sole discretion, violates this provision, including without limitation, removing the offending content from the Site, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Site to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of /dev/color, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose /dev/color or its users to any harm or liability of any type;

  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

  • violate any applicable local, state, national or international law, or any regulations having the force of law;

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities.

Commercial Use: Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Intellectual Property Rights

Site Content, Software and Trademarks: You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by /dev/color, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by /dev/color from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking . Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by /dev/color.

The /dev/color name and logos are trademarks of /dev/color. Other trademarks used and displayed via the Site may be trademarks of their respective owners who may or may not endorse or be affiliated with /dev/color. Nothing in this Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of /dev/color Trademarks displayed on the Site, without our prior written permission in each instance.

Third Party Material: Under no circumstances will /dev/color be liable in any way for any content or materials of any third parties, including, but not limited to, 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 such content. You acknowledge that /dev/color will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, /dev/color and its designees will have the right to remove any content that violates these Terms of Use or is deemed by /dev/color, in its sole discretion, to be otherwise objectionable. 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.

User Content Transmitted Through the Site: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) provided by you to /dev/color are non-confidential and /dev/color will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment or compensation to you.

Third Party Websites

The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third party applications. /dev/color has no control over such sites, resources or applications and /dev/color is not responsible for and does not endorse such sites, resources or applications. You further acknowledge and agree that /dev/color will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, resources or applications.

Indemnity and Release

You agree to release, indemnify and hold /dev/color harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to your use of the Site or any related information, any User Content, your application(s) to /dev/color or the results thereof, your violation of these Terms of Use or your violation of any rights of another.

Limitation of Liability: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT /DEV/COLOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF /DEV/COLOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and /dev/color, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Site, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. You agree that, by entering into this Terms of Use, you and /dev/color are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND /DEV/COLOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

c. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.

d. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.

e. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Termination

You agree that /dev/color, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities. /dev/color may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that /dev/color may (but has obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Site and /dev/color will have no liability or responsibility with respect thereto. /dev/color reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.

General

These Terms of Use constitute the entire agreement between you and /dev/color and govern your use of the Site, superseding any prior agreements between you and /dev/color with respect to the Site. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Your Privacy

At /dev/color, we respect the privacy of our users. For details please see our Privacy Policy. By using the Site, you consent to our collection and use of personal data as outlined therein.