Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://188.8.131.52 website (the “Service”) operated by DIYSmartThings (“us”, “we”, or “our”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Acceptance of the Terms
Your access to and use of this site constitutes your acceptance of these Terms, which takes effect on the date on which you first use the site. If you do not agree to these Terms, please do not use the Service.
Restriction of Age
In order to use the Service, you must be at least 13 years of age. You represent that you are at least 13 years old. If you are not at least 13 years old, please do not attempt to use the Services.
Amendment of Terms
We reserve the right at any time to change all or any part of these Terms; change the Service, including by eliminating or discontinuing any content on or feature of the Service. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service. Your continued use of the Service after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
The Service may contain links to third party websites. We have not reviewed all of the links to which you may be directed and we have no control over such links. We have no control over and are not responsible for:
(a) The content and
operation of such third-party sites
(b) The privacy or other practices of such third party sites.
Other web sites may provide links to the Service with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
Use of the Service
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted to access to Service, we grant to you a non-exclusive, non-transferable, nonsublicensable, limited right and license to access the Service, including any images, text, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Service, solely for your own personal, non-commercial, home purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service. The Service, including all such materials and all intellectual property rights therein, remain the property or the licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Service without our written consent. Nothing herein grants any rights to commercially exploit any portion of the Service or any content therein. All rights not expressly granted hereunder are expressly reserved.
What you should not do
While using the Service,
you agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
Restrict or inhibit any other user from using the Service, including, without limitation, by means of “hacking” or defacing any portion of the Service;
Violate any applicable laws or regulations
Express or imply that any statements you make are endorsed by us, without our prior written consent
Upload to, transmit through, or display on the Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us)
Use the Service to harm minors in any way, including, but not limited to, by uploading content that violates child protection laws
Engage in spamming or flooding
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
“Frame” or “mirror” any portion of the Service without our prior written authorization;
Harvest or collect information about or from users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law.
We may suspend and/or terminate your access to and use of the Service and/or any features made available through the Service immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms.
What you are allowed to do
You may access to or use any part of the Website provided that it is not password protected. Some parts of the Service are password protected. You may not access or attempt to access these areas without a valid password and our written consent.
You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from your breach of these Terms, and/or your activities in connection with the Service;
Disclaimer of Warranties
The Service, including, but not limited to, all materials, all features and functionality of the Service is provided “as is”, “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, the affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose and any warranties that may arise from course of dealing, course of performance or usage of trade. We, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives do not warrant that your use of the Service will be uninterrupted, timely, error-free or secure, that defects will be corrected, or that the services or any software incorporated into the Service are free of viruses or other harmful components. You assume all responsibility and risk for your use of the Service and your reliance thereon. No options, advice or statement of us and corresponding affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, whether made on or through the Service or otherwise, shall create any warranty. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
Any of our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, and other representatives are not responsible or liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way of the Service (including but not limited to, all materials incorporated therein and all features and functionality of the Service). Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Service.
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and your access to and use of the Service or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and use the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effected without prior notice and all related information and files associated with it. You agree that we shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Copyright and Trademarks
The All trademarks and service marks on the Service not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours.
These Terms and Conditions have been updated on Monday, February 10, 2020.