DMCA & terms

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devinehq.eu – DMCA Policy: Devinehq is in compliance with 17 U.S.C. § 512 and the Digital Millennium Copyright Act (“DMCA”). It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If your copyrighted material has been posted on devinehq.eu or if links to your copyrighted material are returned through our search engine and you want this material removed, you must provide a written communication that details the information listed in the following section. Please be aware that you will be liable for damages (including costs and attorneys’ fees) if you misrepresent information listed on our site that is infringing on your copyrights. We suggest that you first contact an attorney for legal assistance on this matter.

BE AWARE! WE JUST LOVE TO PROMOTE PODCASTS, GAME CONTENT, LIVE STREAMS, GAME NEWS, REVIEWS AND ANY OTHER INFORMATION THAT’S BEEN PLACED ON DEVINEHQ. THERE WILL NEVER BEEN A OPTION TO BUY CONTENT OR A FREE DOWNLOAD WITHOUT PERMISSION OF THE COPYRIGHTED OWNERS!

The following elements must be included in your copyright infringement claim:

Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provide sufficient contact information so that we may contact you. You must also include a valid email address.
You must identify in sufficient detail the copyrighted work claimed to have been infringed and including at least one search term under which the material appears on devinehq.eu search results.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Please allow 1-3 business days for an email response. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due the complaint not properly being filed.

note 2: Subject Must Be: DMCA Report

 Websites such as mix cloud, soundcloud, YouTube and twitch

By using this website, you agree the terms of SC and MC ( soundcloud and mixcloud ) for using there service and using them on our website.  Any listed song or podcast is for promotional purposes placed in the playlists of devineHQ. We shall never give anyone an download, or placing a link on the website for the download.

Sharing your content will be done in a share for a share. This means that, when we share your music, be kindly to share one of our podcasts. By thinking we are all retarted and deleting us as an follower and share after we shared your content would consider into blacklisting and excluded for future’s contests of devineHQ.

All game vlogs, twitch and other videos that’s containing game content or music content will always been shared trough our platform. No re uploads and download links will be included. With devinehq, you can also let your content getting promoted. In this case, the following terms will be included.

  1. All content must be porn free. Good looking girls in a video clip or as an cover is allowed, but no body parts.
  2. No racism during recordings or live streaming ( does not include for game content, because some games can be a bit racist such as GTA 5 for example )
  3. Keep us updated with your uploads. Share us an weekly update about your progress.
  4. An link to devinehq would be great <3

 TERMS AND CONDITIONS

  1. Introduction

DevineHQ is a non profit organisation that’s been runned by several people with autism and free time workers. Please keep in mind that this website could contain several wrong translated content. We only use the content for promotional purposes only. PROMO NOT FOR SALE

Minors or people below 13 years old are not allowed to use this Website.

  1. Intellectual Property Rights

Other than the content you own, under these Terms, devinehq and/or its licencors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website. copyrighted information may not be spreaded!
All content that’s been uploaded or shared on devinehq, can always been used for promotional purposes. We will never re upload or place an download link. We hate download and run pirates, just like you that your music or game content is safe.

  1. Restrictions

You are specifically restricted from all of the following

  • publishing any Website material in any other media;
  • selling, sub licensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and devinehq may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

  1. Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant devinehq a non-exclusive, worldwide irrevocable, sub licensee license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. devinehq reserves the right to remove any of Your Content from this Website at any time without notice. Sharing game content can be from another website, but only for promotional purposes. There will be always an back link to the original upload of that post

  1. No warranties

This Website is provided “as is,” with all faults, and devinehq express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

  1. Limitation of liability

In no event shall devinehq, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  devinehq, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. Also will the crew of devineHQ not participate in any give away event’s.

  1. Indemnification

You hereby indemnify to the fullest extent devinehq from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

  1. Sever ability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

  1. Variation of Terms

devinehq is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

  1. Assignment

The devinehq is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. Entire Agreement

These Terms constitute the entire agreement between devinehq and you in relation to your use of this Website, and supersede all prior agreements and understandings.

  1. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Netherlands, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Netherlands for the resolution of any disputes.

13. Refund Policy for all digital products

Overview:

Unlike physical products purchased at a store a digital product once purchased can not be effectivly returned. When you buy a physical product at a local market, if you are unhappy with it, provided it is not materially defective, you return it, the store refunds your money and the item then goes back on the stores shelf. In effect the sale is simply canceled with everyone returning to a pre sale state. The store has the item for sale on their shelf and you have your money back. It is as if the sale never even happened.

However a digital product often can not be returned. If you buy a software or a training for example you can not generally give it back once you download it. Because of this both the buyer and the vendor can not be returned to a pre sale state. You can get your money back, but you will still have the digital product you downloaded but can not return.

This opens the door for a lot of refund abuse in the world of selling digital products. It is for this reason that many physical stores do not extend their refund policy to digital products. For example: WalMart does not allow you to return movies you purchase if the package has been opened. This is because many people would abuse this by purchasing the movie, watching it, and then returning it afterwards.

While I personally extend a refund guarantee on all of my digital products the simple truth is that a ‘no questions asked’ guarantee is not practical because it opens up to much opportunity for ‘friendly fraud’ style abuse.

Because of this I have initialized the following refund policy for all of my digital products which I feel is both fair and ethical to both me as a seller and you as a buyer.

Refund period:

No refund period can be requests. It is not practically possible to give a refund as all content is been donated/sponsored by game developers or resellers.

PayPal disputes:

PayPal has a dispute policy in place to protect customers as well. A dispute is not an acceptable way to request a refund. Should you file a dispute, before it is completed , you will once again be reminded that a dispute is not a proper way to request a refund.

Please be aware that I will fight all disputes as they may be considered by PayPal as a negative report against my reputation. Also please be aware that your purchase access is tracked by your name, date, time, IP address, and email address. Because of this I win nearly 95% of all disputes filed. However this need not even be a concern since we have just established that PayPal is not the proper way to request a refund.

Because the dispute process often costs me time, and time has value, I am forced to implement a amendment to my refund policy. Filing a dispute will negate it and any purchase will be considered final the moment a dispute is filed. However once again there is no reason for that to need to happen since we now have a clear understanding of the refund policy.

It is my hope that this refund policy will be mutually beneficial giving you the buyer the confidence of knowing that you are protected from any unintentional miss representation or material defect in the digital products I offer for sale, while at the same time protecting me from any ‘friendly fraud’ type of abuse.

If you find this refund policy unacceptable than I will have to respectfully decline your business.

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