Terms of Service
Effective Date: August 3, 2023
Thank you for using DIYLink! We're glad you're here. Please read this Terms of Service agreement carefully before accessing or using DIYLink.
1. Introduction
1.1 Welcome to DIYLink! Your use of DIYLink services, including but not limited to services provided on the DIYLink website (“Site”), software, cloud computing platform, APIs, and any other software or services provided by DIYLink (“Services”), is governed by these Terms of Service (“Terms”). Please read them carefully before using the Services. These Terms apply to all visitors, users, and others who access the Services (“Users”). In these Terms, “we,” “us,” and “DIYLink” refer to the provider and operator of the Services, DIYLink.
1.2 In order to use the Services, you must first agree to these Terms. If you are registering or using the Services on behalf of an organization, you represent that the organization agrees to these Terms and that you have the authority to bind the organization to these Terms. Here, “you” or “your” refers to the organization.
1.3 You must be at least 13 years old to use the Services. Children under the age of 13 are not permitted to use or register for the Services. If you are at least 13 but not yet of legal age to form a binding contract (which is 18 in many jurisdictions), you must have your parent or guardian read and agree to these Terms. If you are a parent or guardian and you allow your child to register for the Services, you agree to these Terms and accept responsibility for your child’s use of the Services.
1.4 You agree not to require the services you purchase or use to deliver any functionality or features in the future, nor to require DIYLink or any of its affiliates to make any oral or written public commitments regarding future functionality or features.
1.5 If you have entered into a separate written agreement with DIYLink regarding the use of the Services, such separate agreement or terms shall prevail over these Terms, and any conflicting terms or conditions between these Terms and such separate agreement shall be governed by the separate agreement.
1.6 NOTICE OF ARBITRATION: Except for certain types of disputes described in the arbitration provision below, you agree that disputes between you and DIYLink will be resolved by binding arbitration, and you waive any right to participate in class actions and class action arbitrations.
1.7 By using, downloading, installing or otherwise accessing the Services or any materials contained in or accompanying the Services, you agree to be bound by these Terms. If you do not accept these Terms, you may not use, download, install or otherwise access DIYLink's services.
1.8 Certain features of the Service or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. To the extent such terms, guidelines and rules conflict with these Terms, such terms, guidelines and rules shall apply only to such Features. In all other cases these Terms shall control.
2. About Accounts
2.1 You can access our latest established and maintained services and features through your account on the service (your "User Account"). We may maintain different types of user accounts for different types of users. By using a third-party service to connect to the Service, you allow us to access and use your information from the Service as permitted by the Service and to store your login credentials for the Service.
2.2 You may not use other users’ user accounts without permission. In the process of registering for a user account or using the Services, you may be required to provide certain information to DIYLink, including but not limited to your name, contact information, username and password ("Credentials"). DIYLink handles such information with the utmost care, caution and security. Nonetheless, you, and not DIYLink, are responsible for maintaining and protecting your credentials in connection with the Services. If your contact information or information associated with your user account changes, you should notify DIYLink immediately and keep such information current. You are fully responsible for any changes you make to your credentials, whether or not you authorized that action. You agree to notify DIYLink immediately of any unauthorized use of your credentials, or if your email or password is hacked or stolen. If you become aware of someone using your credentials without your consent, or if you become aware of any other breach of security, you agree to notify DIYLink immediately.
3. Content
3.1 DIYLink or its suppliers may provide a variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photos, videos, data and other materials through the Service ("DIYLink Provided Content"). While DIYLink strives to maintain that the content it provides through the Service is accurate, complete, and up-to-date, DIYLink cannot guarantee and makes no commitments about the accuracy, completeness, or timeliness of the content provided by DIYLink.
3.2 You agree that you may also create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) by using the Services. All such information is hereinafter referred to as "User Content".
3.3 You agree that you are solely responsible for any User Content and the consequences of your actions (including any loss or damage that DIYLink may suffer) (DIYLink has no liability to you or any third party). If you register for these services on behalf of an organization, it means that such organization agrees to be responsible for the behavior of uploading, recording, publishing, and disseminating links through the account or otherwise uploading, recording, publishing, and disseminating links. Furthermore, you agree that DIYLink is not required to monitor and review user-uploaded content and, therefore, does not guarantee the accuracy, integrity or quality of such content. You agree that by using the Services, you may be exposed to material that is offensive, indecent, or objectionable. Under no circumstances will DIYLink have any liability for any such content.
3.4 DIYLink has no responsibility for maintaining or storing your User Content. DIYLink may remove your User Content from the Service at any time if your violation of these Terms results in cancellation or suspension of the Service. If the User Content using the storage service has a set expiration date, DIYLink may also delete the User Content after that date. Deleted User Content may not be recovered. You agree that DIYLink has no responsibility or liability for the storage or maintenance of any User Content that has not been used or that has expired.
3.5 DIYLink reserves the right (but has no obligation) to monitor and remove User Content from the Service at its sole discretion. You agree to immediately remove any content that violates these Terms, including upon a removal request from DIYLink. DIYLink also reserves the right to delete such content directly.
3.6 By submitting, posting or otherwise uploading User Content on or through the Service, you grant DIYLink ownership rights, including a worldwide, non-exclusive, perpetual, transferable, royalty-free right and license to:
a. User Content (such as public forum posts) that you submit, publish or otherwise make available or make available through the Service, DIYLink has the right to use, copy, modify, adapt, publish, translate, create derivative works, distribute, disclose or otherwise Disclosure and display (in whole or in part) worldwide or incorporation in other works in any form, medium or technology now known or hereafter for any lawful commercial purpose.
b. In order for DIYLink to provide services to you, DIYLink has the right to use, copy, modify, Adapt, publish, translate, create derivative works from, distribute, disclose, or display such User Content subject to our privacy policy.
c. You also grant each user of the Platform Services hereby a license to access your User Content through the Services and to use, reproduce, distribute, display and disclose such User Content in accordance with the functionality of the Services and these Terms.
4. Ownership
4.1 You acknowledge and agree that the services and content provided by DIYLink (or DIYLink’s licensors) have legal rights, ownership rights, and are protected by laws such as copyrights, trademarks, patents or other proprietary rights (whether these rights have been registered or not, and these rights may exist anywhere in the world).
4.2 Except as provided in Article 3, in accordance with these Terms, DIYLink acknowledges and follows that DIYLink will not profit from any content created, uploaded, submitted, published, transmitted, shared by you (or your licensors), including if it exists on any intellectual property rights in the Content (whether or not such rights are registered, and whether such rights may exist anywhere in the world). Unless you agree otherwise in writing with DIYLink, you agree that you are responsible for protecting and enforcing these rights and that DIYLink has no obligation to do so on your behalf.
5. DIYLink's License and Use Restrictions
5.1 DIYLink grants you a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to access and use the services solely for non-commercial or internal business purposes, in accordance with these Terms and the service functionality.
5.2 You may not (and you may not allow any other person to): (i) copy, modify, create derivative works of, tamper with, decompile, or otherwise attempt to extract the source code of the Services, unless explicitly permitted or required by law, or unless DIYLink specifically informs you in writing (e.g., through an open-source software license) that you may do so; (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
5.3 You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.4 You may not rent, sell, provide access to, or sublicense any elements of the Services to any third party, nor use the Services on behalf of or for the benefit of any third party.
5.5 You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
5.6 You may not use the Services to mine cryptocurrencies.
5.7 You may not access the Services for the purpose of bringing intellectual property infringement claims against DIYLink, nor for the purpose of creating a product or service that is competitive with the Services. You may not use any robots, spiders, site search/retrieval applications, or other manual or automatic devices or processes to retrieve, index, “scrape,” “data mine,” or in any way gather content from the Services.
5.8 You agree that you will not upload, record, publish, post, link to, transmit, or distribute User Content, or otherwise use the Services to: (i) advocate, induce, incite, instruct, inform, assist, or otherwise encourage violence or any illegal activities; (ii) infringe or violate any third party's or DIYLink’s copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or any party's publicity or privacy rights; (iii) attempt to mislead others about your identity or the origin of any message or other communication, impersonate or otherwise misrepresent your affiliation with any other person or entity, or otherwise be false, misleading, or inaccurate; (iv) promote, solicit, or contain inappropriate, harassing, abusive, profane, hateful, defamatory, threatening, obscene, vulgar, pornographic, or otherwise objectionable or illegal content or activity; (v) harm minors in any way; (vi) use or include any viruses, Trojan horses, bugs, time bombs, or any other similar software, data, or programs that may damage, harmfully interfere with, secretly intercept, or expropriate any system, data, personal information, or property; (vii) violate any laws, regulations, ordinances, or rules (including but not limited to laws related to export control, unfair competition, anti-discrimination, or false advertising).
5.9 If you are a person who is legally prohibited from receiving the Services under the laws of the United States or other countries, including the country in which you reside or from which you use the Services, you may not use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.
6. Pricing Terms
6.1 Subject to these Terms, DIYLink provides the Services to you free of charge within certain usage limits, and usage beyond these limits may require the purchase of additional resources and payment of fees.
6.2 DIYLink may add new services for additional fees, or add or amend fees for existing services, at any time in its sole discretion. Any changes to our pricing terms will become effective in the billing cycle following notice of such changes to you.
6.3 We may offer time-limited free trials, but are under no obligation to do so. While trials are completely free, you may need to validate payment details to start the trial. If you wish to continue using the Services after the trial, you will need to make a payment.
7. Privacy Policy
7.1 These Services are provided according to our Privacy Policy, which can be accessed by clickingPrivacy PolicyYou agree to use your User Content and personal information in accordance with these Terms and DIYLink's Privacy Policy.
6.2 DIYLink may add new services for additional fees, or add or amend fees for existing services, at any time in its sole discretion. Any changes to our pricing terms will become effective in the billing cycle following notice of such changes to you.
8. Modifications and Termination of Services
8.1 DIYLink is constantly innovating to provide the best experience for its users. You acknowledge and agree that the form and nature of the Services provided by DIYLink may change from time to time without prior notice, subject to the terms of its Privacy Policy. Changes to the form and nature of the Services will apply to all versions of the Services; examples of changes to the form and nature of the Services include, but are not limited to, changes to fees and payment policies, security patches, added functionality, automatic updates, and other enhancements. Unless stated otherwise, any new features added to the website or Services will be subject to these Terms.
8.2 You may terminate these Terms at any time by canceling your account on the Services. If you cancel your account, you will not receive any refunds.
8.3 You agree that DIYLink, in its sole discretion, may terminate your account for any reason or no reason. You agree that any termination of your access to the Services may be without prior notice, and you agree that DIYLink shall not be liable to you or any third party for such termination.
8.4 It is your sole responsibility to export your User Content from the Services prior to termination of your account for any reason; provided, however, that if we terminate your account, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.
8.5 Upon termination of the Services or your account, these Terms will also terminate, but all provisions of these Terms that by their nature should survive termination will survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
9. Changes to Terms
9.1 These Terms may be modified or updated from time to time without notice, and may have changed since your last visit to the website or use of the Services. You are responsible for reviewing any changes to these Terms. Your continued access to or use of the Services after the modifications have become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please check this page periodically for changes to these Terms.
10. Disclaimer
10.1 You expressly understand and agree that your use of the Services is at your sole risk, and that the Services are provided "as is" and "as available".
10.2 DIYLink, its subsidiaries, affiliates, and licensors make no express warranties and disclaim all implied warranties regarding the Services, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, DIYLink, its subsidiaries, affiliates, and licensors do not represent or warrant to you that: (a) your use of the Services will meet your requirements; (b) your use of the Services will be uninterrupted, timely, secure, or free from error; (c) any information obtained by you as a result of your use of the Services will be accurate or reliable.
10.3 Nothing in these Terms, including Sections 10 and 11, shall exclude or limit DIYLink's warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
11. Limitation of Liability
11.1 Subject to Section 10 above, you expressly understand and agree that DIYLink, its subsidiaries, affiliates, and licensors shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible losses, arising out of or in connection with your access to or use of the Services, regardless of the cause and regardless of the theory of liability. These limitations apply even if any limited remedy fails of its essential purpose.
11.2 The limitations on DIYLink's liability to you in this Section 11 shall apply whether or not DIYLink has been advised of or should have been aware of the possibility of any such losses arising.
11.3 Some states and jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In any event, the aggregate liability of DIYLink to you for all claims arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the greater of the amount you paid DIYLink for the Services in the previous 12 months or one hundred dollars ($100.00).
12. Indemnity
12.1 You agree to indemnify and hold DIYLink, its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, or partners (collectively "DIYLink and Partners") harmless from any third-party claims arising out of (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules, or regulations in connection with the Services, (d) disputes related to your User Content, including any claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs, and attorneys' fees of every kind and nature.
13. Copyright Policy
13.1 We respect the intellectual property rights of others, and we expect our users to do the same.
13.2 Notice of Alleged Infringement (Notice)
a. Identify the copyrighted work that you claim has been infringed, or, if this Notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed.
b. Identify the material or link you claim is infringing (or the subject of infringing activity) and that you wish to have disabled, including at a minimum, if applicable, the URL of the link shown on the site or the exact location where such material may be found.
c. Provide your affiliation (if applicable), mailing address, telephone number, and email address (if available).
d. Include both of the following statements in the body of the Notice:
1. "I hereby declare that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
2. "I hereby declare that the information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner or authorized to act on behalf of the copyright owner whose exclusive right is allegedly infringed."
14. Third-Party Content and Materials
14.1 You may access or use third-party websites, resources, content, communications, or information (“Third-Party Materials”) through the Services. You acknowledge and assume all risks arising from your access to, reliance on, or use of any such Third-Party Materials, and DIYLink shall not be liable for any damages or losses resulting from your access to, reliance on, or use of such Third-Party Materials.
14.2 You acknowledge and agree that DIYLink: (a) is not responsible for the availability or accuracy of such Third-Party Materials; (b) shall not be liable for any harm, injury, or loss incurred by you or any third party resulting from your access to, reliance on, or use of such Third-Party Materials; (c) does not make any promises to remove any Third-Party Materials accessed through the Services.
15. Third-Party Software
15.1 The Services may contain certain third-party software (“Third-Party Software”), which is licensed under the terms and conditions of the respective third-party software licenses. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third-Party Software.
16. Feedback
16.1 You may choose or we may invite you to submit comments or ideas about the Services, including, but not limited to, how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and will not place DIYLink under any fiduciary or other obligation, and that we are free to use the feedback without any additional compensation to you, and/or to disclose the feedback on a non-confidential basis or otherwise to anyone. Furthermore, you warrant that your feedback is not subject to any license terms that would require us to comply with any additional obligations with respect to any products or services that incorporate your feedback. You confirm your acceptance by submitting your feedback.
17. Disputes
17.1 Please read this section carefully because it involves arbitration of certain disputes and claims with DIYLink and limits the ways you can seek relief from us.
17.2 These Terms and any action related thereto are governed by the laws of the State of California, without regard to its conflict of laws provisions. Except for personal actions in small claims court located in the county of your billing address, or any claims seeking injunctive relief, any small claims disputes or disagreements arising from these Terms or your use of the Services will be resolved by binding arbitration in Santa Clara County, California, in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1-307) and the then-current rules of JAMS (formerly Judicial Arbitration & Mediation Services) by an arbitrator appointed under such rules. For matters not requiring arbitration, the exclusive jurisdiction and venue will be the state and federal courts located in Santa Clara County, California, with each party waiving any objection to such jurisdiction and venue. Dispute resolution proceedings related to these Terms or any sales transaction with DIYLink, whether through arbitration or otherwise, will be conducted only on an individual basis and not in a class, consolidated, or representative capacity. You expressly agree that class and representative action procedures do not apply to any arbitration under these Terms. You also agree not to initiate any legal action against DIYLink more than one year after the effective date of the order, regardless of any legal theory.
17.3 You have the right to opt out of binding arbitration within 30 days of first accepting the terms of this Section by sending an email to support@DIYLink. To be effective, the opt-out notice must include your full name and clearly state your intention to opt out of binding arbitration.
17.4 You are solely responsible for your interactions with other users. We have the right, but not the obligation, to monitor disputes between you and other users. We are not responsible for any actions or inactions of other users or for any disputes arising from your interactions with them.
18. Miscellaneous
18.1 These Terms, along with our Privacy Policy and Pricing Terms, constitute the entire agreement between the parties regarding the Services and all related activities. No modifications to these Terms shall be valid unless made in writing and signed by both parties or posted by us as new Terms. If any provision of these Terms is found to be illegal, invalid, or unenforceable, such provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. DIYLink's failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by DIYLink must be in writing and applies only to the specific instance identified in the written waiver. You may not transfer any rights or licenses granted under these Terms or the Agreement.
19. Contact Us
19.1 If you have any questions about these Terms or wish to make any complaints or claims regarding the Services, please contact us at support@DIYLink.
19.2 When submitting a complaint, please briefly describe the nature of your complaint and the specific service involved.
