Terms Of Use
Last updated: May 31, 2017
Your use of this website is subject to these Terms of Use (“Terms of Use”). By using the urbanDIY website, you agree to be bound by, and use the website in compliance with, these Terms of Use. If you do not agree to these terms of use, do not use the website.
The terms "you," "your," and "yours" refer to you, the visitor to the urbanDIY website. The terms "urbanDIY," "we," "us," "our" and "this/the website" refer to the urbanDIY website and anyone directly connected such as staff, guest writers, etc.
License to Use the urbanDIY Website
Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use this website for your personal use and not for resale or further distribution. Except for your preexisting rights and this license granted to you, we retain all right, title, and interest in and to the website, including all related intellectual property rights. urbanDIY website is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Modifications to the Website
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of this website without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website.
Restrictions
You must comply with all applicable laws when using the urbanDIY website. Except as allowed by law or authorized by urbanDIY, you will not, and will not permit anyone else to: (a) use any automated tool (e.g., robots, spiders) to use this website or store, copy, modify, distribute, or resell any website Content; (b) use this website in a manner that threatens the integrity, performance, or availability of the website; or (c) remove, alter, or obscure any proprietary notices (including copyright notices) on, or fail to provide attribution to urbanDIY for, any portion of the website or its Content.
Privacy Policy
We may collect emails and other information about you through the urbanDIY website. Our collection and use of this information is governed by our Privacy Policy.
Links and Third Party Content
The urbanDIY website may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites (including those that sponsor urbanDIY) and we are not responsible for their performance, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
Submissions
The urbanDIY website allows you and other third parties to post reviews, comments, and use the forum. All reviews and comments posted to this website must be topical. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the website are those of the respective authors or producers and not of urbanDIY. We may review and delete any content (including guest comments and forum posts), in whole or in part, that in the sole judgment of urbanDIY violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties. We do not control the content posted by third parties and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using this website, you may be exposed to content that is offensive, indecent or objectionable.
Under no circumstances will urbanDIY or any person associated with this website such as staff, writers, website moderators, etc. be held liable for any loss or damage caused by your reliance on information obtained through the urbanDIY website. It is your responsibility to evaluate the information, opinion, advice, or other content available.
You agree that urbanDIY is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings to the website or forum, or any of it's related social media outlets without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving this website and our products and services. Furthermore, by posting any Submission on this website, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by urbanDIY will not infringe on or violate the rights of any third party.
Use Policies
We ask that you respect our online community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using the urbanDIY website and related social media outlets, you agree not to:
Post or transmit any material that is unrelated to the subject matter;
Use urbanDIY’s facilities, services or resources (including the Blog and Forum) in a manner which violates any applicable laws or regulations;
Post or transmit any material (i) that you don’t have the right to transmit under applicable law, including copyright, trademark, trade secret or securities laws, or (ii) in violation of your obligations to any third party, including nondisclosure agreements.
Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
Post Submissions that contain nudity, violence, or offensive subject matter;
Post photographs of another person without such person’s written consent;
Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
Engage in or facilitate the transmission of unsolicited mass mailing, or “spamming”; or
Use urbanDIY’s facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with this website, such as scripts to or harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
urbanDIY reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending information or Submissions.
Feedback
We may provide you with a mechanism to provide feedback, suggestions and ideas, if you chose, about the urbanDIY website (“Feedback”). You agree that urbanDIY may, in its sole discretion, use the Feedback you provide to urbanDIY in any way, including in future modifications to the website. You hereby grant urbanDIY a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.
Disclaimer of Warranties
Your use of the urbanDIY website and its content is at your sole risk. The website and its content are provided on an "as is" and "as available" basis. urbanDIY expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the website and its content, and you rely on the website and its content at your own risk. Any material obtained through this website is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through the website. No advice or information, whether oral or written, obtained by you from urbanDIY or through or from the blog or forum will create any warranty not expressly stated in this agreement. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.
Limitation of Liability
urbanDIY will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if urbanDIY has been advised of the possibility of these damages), resulting from your use of this website and its content. Under no circumstances will urbanDIY's total liability of all kinds arising out of or related to your use of this website or its content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the one hundred dollars ($100). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Copyright Infringement
We respect the intellectual property rights of others, and ask you to do the same. It is the policy of urbanDIY to remove publicly viewed Submissions of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the urbanDIY website in a way that constitutes copyright infringement, please contact Living Everyday and provide the following information: (1) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the website where the material that you claim is infringing is located; (2) your address, telephone number, and email address; (3) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (4) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Indemnity
You will indemnify and hold urbanDIY, and its affiliates harmless from any costs, damages, expenses, and liability caused by your use of this website or its Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the website or its Content.
Updates and License Agreement
We may occasionally update the description of and Terms of Use for the urbanDIY website, and when we do, we will revise the “last updated” date. You should check this website and these Terms of Use frequently to see recent changes. This version of these Terms of Use shall supersede all earlier versions.
Legal Notices
Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the urbanDIY website will lie in the State and Federal courts located in the State of California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of urbanDIY to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by urbanDIY in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. You agree that your continued use of this website after such changes have been published to the website shall constitute your acceptance of such revised Terms of Use.
Contact Us
If you have any questions about these Terms, please contact us.