Terms of Service

Terms and Conditions of Use

Welcome to Developing Towns.com and Developing Towns.  Please read on to the terms and conditions of use that govern your use of our website, service, and mobile applications (the “Services”).

1. Terms.

These Terms and Conditions of Use (the “Terms”) are a binding contract between you and Developing Towns.com and/or Developing Towns (“Developing Towns,” “we,” and “us.”)  The terms govern the use of the Services that Developing Towns offers via its mobile application and website for its user.  You must agree to and accept all of the Terms, or you do not have the right to use the Services.  Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect as long as you use these Services.  If you do not agree with any of these Terms, you are prohibited from using or accessing these Services.

2. Site Terms of Use Modification.

Developing Towns may revise these Terms at any time without notice. By using these Services, you are agreeing to be bound by the then-current version of these Terms.

3. Privacy Policy.

Developing Towns takes the privacy of its users seriously.  Please refer to Developing Towns’s privacy policy for further details.

4. Required Age for Use of this Website.

The Services are intended to be used by adults, as defined under any applicable law in each specific case.  If you are not an adult, you are not authorized to download the application, register, and create an account with us.  All minors require permission from their respective legal representative in order to use the Services.

5. Use of Developing Towns.

In using the Developing Towns Service, you agree to use the application and website and their contents and services in accordance with the law and accordance with these terms.  You are obligated not to use the Developing Towns Service to conduct illegal activities or in a manner that constitutes a criminal offense, including violations of a third party’s rights.

6. Developing Towns Account.

You may be required to sign up for an account and select a password and user name (“Developing Towns Account”).  In creating your Developing Towns Account, you promise to provide us with accurate, complete, and updated registration information about yourself.  You must promptly notify us if the mobile phone number you provided for us to communicate with you has changed.  Further, to the extent any information that you provide is not truthful, Developing Towns shall not be liable since it cannot verify the provided information with certainty.

In creating your Developing Towns Account, you accept and assume all liability that may arise from any and all activity that originates from your account or occurs from your username and password.  You acknowledge that you are responsible for maintaining the confidentiality of the password that you designate during the registration process.  You cannot share your password with other people or perform acts that may diminish or undermine the security of your account.  If you have knowledge that your password has been compromised, you should immediately inform us in order to recover your account.

7. Prohibited Actions.

In connection with using or accessing the Services, you agree not to perform or engage in actions from the following non-exhaustive list of prohibited actions:

• Posting, listing, or uploading content or items in inappropriate categories or areas on our Services;
• Posting, listing, or uploading items that are generally illegal to own or possess;
• Posting or listing illegal services;
• Posting, listing, or uploading content or items that infringes or violate the intellectual property rights or other rights of anyone else;
• Breaching or circumventing any laws, third party rights or our systems, policies, or determinations of your account status;
• Using our Services if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
• Posting false, fraudulent, deceptive, inaccurate, misleading, defamatory, or libelous content, or content that is harmful, threatening, harassing, obscene, racist, xenophobic, or otherwise objectionable;
• Taking any action that may undermine the feedback or ratings systems;
• Transferring your Developing Towns Account to another party without our consent or taking any action that jeopardizes the security of your Developing Towns Account;
• Distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• Distributing viruses or any other technologies that may harm Developing Towns or the interests or property of users;
• Using any robot, spider, scraper, or any other means, manual or automated, to access our Services for any purposes provided some limited web indexing is allowable by authorized entities;
• Bypassing our robot exclusion headers or otherwise interfering with the working of our Services, or imposing an unreasonable or disproportionately large load on our infrastructure, including, but not limited to, running Maillist, Listserv, unsolicited, or unauthorized advertising, promotion materials, commercial activities, and/or sales, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services;
• Circumventing any technical measures, we use to provide the Services, including, but not limited to, violating the security of any computer network or cracking any passwords or security encryption codes;
• Reproducing, performing, displaying, distributing, reverse engineering, or preparing derivative works from content that belongs to or is licensed to Developing Towns, or that comes from the Services and belongs to Developing Towns or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property rights, except with prior express permission of Developing Towns and/or any other party holding the right to license such use;
• Decompiling, reverse engineering, or otherwise attempting to obtain the source code of underlying idea or information of or relating to the Services;
• Commercializing any Developing Towns application or any information or software associated with such application;
• Harvesting or otherwise collecting information about users without consent; or
• Accessing, using, or otherwise exploiting the Services in violation of any applicable agreements, guidelines, regulations, or policies that Developing Towns makes available on the Services or otherwise in a manner deemed objectionable by Developing Towns in its sole discretion.

Any violation of the foregoing is grounds for termination of your right to use or access the Services.  If we believe that you are abusing Developing Towns in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Developing Towns Account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, and take technical and/or legal steps to prevent you from using our Services.

8. Access and Proprietary Rights.

You are authorized to access the Services only to the extent you comply with these Terms.  Accessing the Services in violations of these Terms is strictly prohibited and unauthorized.  You agree that we may moderate Services and content, access, and use in our sole discretion, e.g., by blocking (e.g., IP address), filtering, deletion, delay, omission, verification, and/or access/account/license termination.  You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate or not.

Developing Towns is the holder of various intellectual property rights pertaining to or has obtained the necessary authorizations and/or licenses for its exploitation of the content disclosed in and associated with the Services, including, but not limited to, the trademarks, patents, graphics, design, applications, text, images, and source code. Neither the content of the Services nor the database of users mays be used, reproduced, broadcasted, copied, processed, or transmitted in any form without Developing Towns’ prior express written consent.

Developing Towns’ trademarks and trade dress may not be used in connection with any product or service that is not Developing Towns, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Developing Towns.  All other trademarks not owned by Developing Towns that appear in any of our services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Developing Towns.

9. Third-Party Websites and Services.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Developing Towns.  When you access third-party websites or use third-party services, you accept that there are risks in doing so and that Developing Towns is not responsible for such risk.  It is your responsibility to read and understand the terms and conditions and privacy policy of each website or service that you visit or utilize. Further, Developing Towns shall in no case be responsible for the content operation and/or data protection or other terms referred to in other websites or applications that may be accessed by the inclusion of a hyperlink on the Service, or the content, services, or products offered on the same.

10. No Responsibility for End-Use.

Developing Towns acts as a marketplace to serve as a trade for services and many other services.  Developing Towns is not involved in any transactions between parties who use the Service and does not act as a party or an agent for a party with respect to any such transaction.  Developing Towns has no control over, does not endorse or guarantee, and assumes no responsibility for the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services.  In addition, Developing Towns will not and cannot monitor, verify, censor, or edit the content of any third-party site or service.  By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment, trades, delivery of good or services, and other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organization and/or individuals.  It is your responsibility to make any necessary investigations and to ask any necessary questions that you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.  You agree that Developing Towns shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings between users on Developing Towns and third parties.

If there are any disputes between users using the Services or between users and any third party, you agree that Developing Towns is under no obligation to get involved.  Developing Towns may publish guidelines, policies, and regulations that govern standards of behaviors of users and third parties of Developing Towns. Such guidelines, policies, and regulations may include dispute resolution procedures.  However, Developing Towns is under no obligation to provide any dispute resolution procedures. In the event you have a dispute with one or more other users, your release Developing Towns, its parent, affiliates, subsidiaries, and their directors, officers, agents, and employees (collectively the “Releasees”) from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.  If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

11. Electronic Communications.

When you use the Developing Towns Service or send emails, text messages, and other communications from your mobile device or desktop to us, you are communicating with us electronically.  In doing so, you consent to receive communications from us electronically, including emails, text messages, mobile push notifications, or notices and messages on the website or through the Developing Towns Service, and you can retain copies of these communications for your records.  You agree that all agreements notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be writing.

12. Privacy of Others.

It is not Developing Towns’ policy to provide users with information about other users.  However, if Developing Towns determines that it is necessary to provide you with information about another user, you agree that you will only use the information for the purpose for which it was provided to you.  You may not disclose, sell, rent, or distribute a user’s information to a third party unrelated to the Services. Additionally, you may not use the information for marketing purposes via electronic means or other means unless you obtain the consent of the specific user to do so.

13. Disclaimer of Warranties and Limitation of Liabilities.

Developing Towns is a marketplace platform that enables users to enter into trades for services online.  As such, Developing Towns possesses no ownership or control over the items traded through the platform, unless otherwise stated, and is generally not a party to the transaction between a trade or sale carried out exclusively between a user and service provider, nor does it review the products or services offered for trade or the services provided by any service provider.  Therefore, Developing Towns is not liable for and shall not be responsible, either directly or indirectly, for any disagreement between users and service providers of the Services.  Any claim or dispute that may arise between users of the Services or users and third-party service providers shall be settled by them, and the parties agree to hold Developing Towns harmless.

DEVELOPING TOWNS ’ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DEVELOPING TOWNS ’ SERVICES ARE PROVIDED BY DEVELOPING TOWNS ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING.  DEVELOPING TOWNS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF DEVELOPING TOWNS ’ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DEVELOPING TOWNS ’ SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF DEVELOPING TOWNS ’ SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DEVELOPING TOWNS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  DEVELOPING TOWNS DOES NOT WARRANT THAT DEVELOPING TOWNS ’ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DEVELOPING TOWNS ’ SERVICES, DEVELOPING TOWNS ’ SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM DEVELOPING TOWNS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  DEVELOPING TOWNS RELEASEES WILL  NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF ANY DEVELOPING TOWNS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DEVELOPING TOWNS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, incident, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM:

• Your use or inability to use our Services;
• Delays or disruptions in our Services;
• Viruses or other malicious software obtained by accessing or linking to our Services;
• Glitches, bugs, errors, or inaccuracies of any kind in our Services;
• Damage to your hardware device from the use of any Developing Towns Service;
• The content, actions, or inactions of third parties, including items and services listed using our Services or the destruction of allegedly fake items;
• A suspension or other action taken with respect to your Developing Towns Account;
• The duration or manner in which your listings or services appear in the search results; or
• You need to modify practices, content, or behavior or your loss of or inability to do business as a result of changes to these Terms or our policies.

14. No guarantees or endorsements.

We make no guarantees or representations regarding the skills or representations of any service provider or the quality of any job that they may perform for you if you retain their services.  Developing Towns does not endorse or recommend the services of any particular service provider but rather provides a means to showcase several service providers.  It is your duty to evaluate the service provider’s qualifications and to enter directly enter a contract or agreement with such service provider.  Developing Towns does not guarantee or warrant any service provider’s performance on the outcome or quality of the services performed.  The service providers are not employees or agents of Developing Towns, nor is Developing Towns an agent of the service providers.  Further, Developing Towns does not guarantee or warrant any of the goods that are offered.

15. No contractual agreement.

No contractual agreement is created based upon the proposed trades between you and a Service Provider.  All contracts must be made directly with a Service provider as Developing Towns is not responsible and does not perform any of the services.  Your rights under contracts entered into with service providers are governed by such contracts and by the applicable federal, state, and local laws.

16. Assignment.

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Developing Towns Account, in any way.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

17. Indemnity.

To the fullest extent allowed by applicable law, you will indemnify and hold the Releasees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of Developing Towns’ Services or your breach or any law or the rights of a third party.

18. Governing Law.

Any claim relating to Developing Towns’s Services shall be governed by the laws of the State of Texas without regard to the conflict of law provisions.