DIY-IT Comprehensive Terms of Service

Last Updated: September 11, 2024

Welcome to DIY-IT. Please read these Terms of Service ("Terms") carefully before using our Services.

1. Introduction

DIY-IT, Inc. (together with its officers, agents, employees, affiliates, subsidiaries, parents, successors, and assigns, "DIY-IT") provides mobile and desktop software and tools which allow you to shop Creator Guided content, and operates various platforms ("Platforms"), applications ("Apps") and online websites including but not limited to all domains and subdomains at diyit.app ("Sites") (collectively, together with and any associated websites, products or services offered by DIY-IT, the "Services"). Our Services allow you to shop the DIY projects and tutorials you like from thousands of Creators (individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers and other content platforms). We may also provide emails of content and Creators that may interest you. Our Services create technological and commercial relationships between third-party retailers/brands, advertisers and other businesses ("Merchants"), individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers and other content platforms ("Creators") and shoppers like you. Our Services create a free, fun and convenient shopping experience for you, while facilitating sales and marketing of Merchant products and services (collectively, "Products") and the payment of commissions to Creators.

2. Agreement to Terms

By accessing or using the Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our Services. DIY-IT may modify the Agreement or any other terms, such as the Privacy Policy and Cookie Policy, at any time. If you have registered as a user with an account and an email address, DIY-IT will notify you of any material changes prior to those changes taking effect, via email and/or via the Services. The Agreement and any accompanying or incorporated terms are effective immediately upon posting. You should review all applicable terms regularly. In the event new terms may be displayed on-screen, you may be required to read and accept them to continue your use of the Services. DIY-IT will also post the terms at https://www.diyit.app/terms. If you choose not to accept any new terms, you may close your account and/or stop using the Services.

3. Eligibility, Registration and Use

THE SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS AGED 16 YEARS OF AGE OR OLDER. IF YOU ARE 16 OR OLDER, BUT UNDER THE APPLICABLE AGE OF MAJORITY IN YOUR STATE OR JURISDICTION OF RESIDENCE, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH A PARENT OR LEGAL GUARDIAN TO MAKE SURE YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AGREEING TO THE AGREEMENT FOR YOUR CHILD OVER 16 YEARS OF AGE, THEN YOU AGREE ON YOUR CHILD'S BEHALF AND FURTHER AGREE AND ACCEPT FULL RESPONSIBILITY FOR YOUR CHILD'S USE OF THE SERVICES. DIY-IT DOES NOT ENCOURAGE, SOLICIT, OR PERMIT VISITORS TO THE SERVICES WHO ARE UNDER THE AGE OF 16.

As part of the registration process, you will select a username and password and provide certain information. You must provide and maintain updated and accurate information. By registering for the Services and/or otherwise agreeing where applicable, you hereby authorize DIY-IT to send you emails and other communications including marketing material.

4. Your Obligations

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that DIY-IT has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DIY-IT may suffer) of any such breach.

5. Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by Creators or Merchants. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by DIY-IT or by the owners of that Content, in a separate agreement.

6. DIY-IT's Proprietary Rights

You acknowledge and agree that DIY-IT (or DIY-IT's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

7. License from DIY-IT

DIY-IT gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by DIY-IT as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by DIY-IT, in the manner permitted by the Terms.

8. Ending your relationship with DIY-IT

The Terms will continue to apply until terminated by either you or DIY-IT as set out below. If you want to terminate your legal agreement with DIY-IT, you may do so by (a) notifying DIY-IT at any time and (b) closing your accounts for all of the Services which you use, where DIY-IT has made this option available to you. DIY-IT may at any time, terminate its legal agreement with you if: (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) DIY-IT is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (c) the partner with whom DIY-IT offered the Services to you has terminated its relationship with DIY-IT or ceased to offer the Services to you; or (d) DIY-IT is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (e) the provision of the Services to you by DIY-IT is, in DIY-IT's opinion, no longer commercially viable.

9. EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS, INCLUDING SECTIONS 9 AND 10, SHALL EXCLUDE OR LIMIT DIY-IT'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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. LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN PARAGRAPH 9 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIY-IT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (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 LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH DIY-IT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE DIY-IT WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

11. Indemnification

You agree to defend, indemnify and hold harmless DIY-IT, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

12. Changes to the Terms

DIY-IT may make changes to the Terms from time to time. When these changes are made, DIY-IT will make a new copy of the Terms available at https://www.diyit.app/terms and any new additional terms will be made available to you from within, or through, the affected Services.

13. General Legal Terms

The Terms constitute the whole legal agreement between you and DIY-IT and govern your use of the Services (but excluding any services which DIY-IT may provide to you under a separate written agreement), and completely replace any prior agreements between you and DIY-IT in relation to the Services.

You agree that DIY-IT may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

You agree that if DIY-IT does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DIY-IT has the benefit of under any applicable law), this will not be taken to be a formal waiver of DIY-IT's rights and that those rights or remedies will still be available to DIY-IT.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with DIY-IT under the Terms, shall be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. You and DIY-IT agree to submit to the exclusive jurisdiction of the courts located within Cook County, Illinois to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that DIY-IT shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

14. Additional Terms for Illinois Residents

In compliance with the Illinois Consumer Fraud and Deceptive Business Practices Act, DIY-IT provides the following information:

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

15.1. Initial Dispute Resolution: We are available by email at support@diyit.app to address any concerns you may have regarding the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

15.2. Agreement to Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions.

15.3. Arbitration Procedures: The arbitration shall be conducted in the English language. The arbitration shall be conducted in Cook County, Illinois, unless you and DIY-IT agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

15.4. Class Action and Jury Trial Waiver: YOU AND DIY-IT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DIY-IT agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The parties agree that this waiver of class action claims is an essential element of the agreement to arbitrate and that this waiver is non-severable from the agreement to arbitrate.

15.5. Opt-Out Right: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address: DIY-IT, Inc., Chicago, Illinois. The notice must be sent within 30 days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, DIY-IT also will not be bound by them.

16. Contact Information

If you have any questions about these Terms, please contact us at:

DIY-IT, Inc.
Chicago
Chicago, IL
Email: legal@diyit.app

By using DIY-IT's Services, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms, you must not use the Services.