Family Handyman Online DIY University
Welcome, and thank you for your interest in Family Handyman Online DIY University (the “Service”), which is operated by RDA Digital, LLC (“Company”) at the web site located at diyuniversity.com and related mobile applications and services (the “Website”). The following Terms of Service are a legal contract between you, an individual subscriber, customer, member, or user (“You”), and Company regarding Your use of the Service. Visitors and users of the Service are referred to individually as “User” and collectively as “Users”.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THE “TERMS”).
Table of Contents:
Compliance with Law; Prohibited Uses
User Conduct and Materials
Third-Party Content & Services
Advertisements and Promotions; Third-Party Products and Services
Limitation of Liability
Screening, Removal and Disclosure
The Website enables Users to sign up for online learning courses offered through the Service (the “Courses”). The Service includes, without limitation, the Website, the Courses, and products and services for facilitating and hosting Courses, providing Course and supporting materials, and taking feedback from Users (all of the foregoing, collectively, “Products”).
Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Website. Changes become effective thirty (30) days after posting. Your continued use of the Service (including accessing the Website or any Course or other Product) after any change becomes effective shall mean that You accept those changes. You should visit the Website regularly to ensure You are aware of the latest version of the Terms.
Company reserves the right to modify the Service, including the Website, the Courses and any other Products, or to discontinue its availability at any time.
Courses are not available to (A) ANY PERSONS UNDER THE AGE OF 18, or (B) any Users previously suspended or removed from the Service by Company. By clicking the “I Agree” button or by otherwise using or registering an account for the Service, You represent that: (a) You have not been previously suspended or removed from the Service by Company; (b) You are at least 18 years of age; and (c) Your registration and use of the Service is in compliance with any and all applicable laws and regulations.
In order to take Courses, you must register for an account. Please make sure Your equipment meets the technical requirements for taking Courses before you set up an account. You will be asked to provide a password in connection with Your account. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Any distribution by you of your account name and password may result in cancellation of your account without refund and in additional charges based on unauthorized use. You agree that the information You provide to Company, whether on registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of Your account.
You are solely responsible for the fees for all Courses you enroll in and any other fees or costs associated with Your access to and use of the Service (such as Internet service, telecommunications, data charges, etc.), as well as for obtaining and maintaining all computer hardware and other equipment required for such access and use.
Company may at any time, upon notice required by applicable law, change the price of any Course, institute new charges or fees, or charge a fee for the Website or any part thereof where a fee was not previously charged. All fees paid for any Courses are final and nonrefundable, except as may be expressly provided otherwise in these Terms or under applicable law. In the event the Service becomes permanently unavailable before You have accessed any Course for which You paid a fee to Company, Company reserves the right to provide the Course material to You in another media or to refund the fee You paid.
If You elect to access or use any Course, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees, in so doing You represent and warrant that You are authorized to supply such information and authorize Company to charge Your credit card the fees due. Unless otherwise stated, all fees are quoted in U.S. Dollars. If Your payment method fails or Your account is past due, then Company may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Company and/or retaining collection agencies and legal counsel. Company may also block Your access to any Courses or other Products pending resolution of any amounts due by You to Company.
Compliance with Law; Prohibited Uses
All of Your use, access and other activities relating to the Service must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Service, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Courses or other Products or the operation of the Service; frame or embed the Website or any Course or other Product; impersonate another person or gain unauthorized access to another person’s account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of any Course or other Product or operation of the Service; or scrape, spider, use a robot or other automated means of any kind to access any Course or other Product.
Without limiting the foregoing, Users are prohibited from transmitting messages on or in connection with the Service (including but not limited to the Website or any Course or other Product) that: (a) infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contain child pornography; (d) they know, or should have known upon reasonable inspection, contain viruses; (e) they know will materially damage, disable, overburden or impair the Service or any other party’s use of Service; or (f) they know, or should have known upon reasonable inspection, contain links to any sites that do any of the aforementioned prohibited acts. In addition, Users are prohibited from using the Service to send spam, either directly or indirectly, or that in any way violates The CAN-SPAM Act of 2003, 15 U.S.C. 7701, as amended.
User Conduct and Materials
This Service may include discussion forums or other interactive areas, including, but not limited to, bulletin boards, chat rooms, forums and discussion groups (the "Interactive Areas"). All such Interactive Areas shall be used only for non-commercial purposes. You are solely liable for any material You upload or transmit to, and Your use of, such Interactive Areas. You agree not to do any of the following on or through the Service:
Company takes no responsibility and assumes no liability for any User Material posted, stored or uploaded by You or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. Your use of Interactive Areas is at Your own risk. As a provider of interactive services, Company is not liable for any statements, representations or User Material provided by Users in any public forum, personal home page or other Interactive Area.
You acknowledge that any User Material You post through the Service shall not be deemed confidential, even if it is posted to a private portion of the Service. If You post User Material, unless Company expressly indicates otherwise, You grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Material throughout the world in any media. You grant Company and its affiliates and sublicensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that (a) You own and control all of the rights to the User Material that You post or You otherwise have the right to post such User Material through the Service; (b) the User Material is accurate and not misleading; and (c) use and posting of the User Material You supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
All materials for the Service, including, without limitation, the Company name and logo, and all designs, text, graphics, pictures, recipes, information, data, software, sound files, messages, and other files and materials on the Website and in the Courses, and the selection and arrangement thereof (collectively, "Content") are the copyright and proprietary property of Company or its affiliates or licensors. You are granted a limited, non-sublicensable license to access and use the Service and may electronically copy and print to hard copy portions thereof for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that You keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Company is strictly prohibited. This license is subject to these Terms and does not include the right to (a) modify or otherwise make any derivative uses of the Service or the Content, or any portion thereof or to use any data mining, robots or similar data gathering or extraction methods (b) use the Service or the Content other than for its intended purpose. Any use of the Service or Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. This license is revocable at any time.
All trademarks, registered trademarks, product names and company names or logos displayed on or mentioned in the Service are the property of Company or their respective owners and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or their respective owners. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company. Company may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Service, and any software that is part of the Service. Any rights not expressly granted herein are reserved.
You are granted a limited, nonexclusive right to create a hyperlink to any page of this Website, provided such link does not portray Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including any images or other Content found in the Service, without Company's express written consent.
Third-Party Content & Services
Company may provide third party content through the Service and may provide hyperlinks to sites and content of third parties (collectively the "Third-Party Content") as a service to those interested in this information. Company does not monitor nor does Company have control over any Third-Party Content. Company does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Company does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third Party-Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
Company may run advertisements and promotions from third parties on the Service or may otherwise provide information about or links to third-party products or services through the Service. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on the Service.
By submitting any review, photograph, joke, image, "favorites" list, story, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (each, a "Submitted Item") to Company, either online or offline, or in connection with a contest entry or other promotion, and whether or not solicited by Company, You hereby acknowledge that such Submitted Item is not confidential and You hereby grant to Company an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, modify, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit Your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to You or any third party.
You hereby represent and warrant that (a) You have all necessary right, power and authority to grant the license set forth herein to Your Submitted Item, and (b) Your Submitted Item, and its use by Company as contemplated herein, does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Company's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Company to effect, perfect and confirm the license granted to Company to Your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Company and Company is under no obligation to publish or use any Submitted Item. If Your Submitted Item is published, used and/or posted on the Website or otherwise used by Company, Company may include Your name in conjunction with such publication, posting or use. By submitting a Submitted Item, You hereby grant Company the right to use Your name in connection with the publication, use or posting or other use of Your Submitted Item. You must include Your full name and email address with Your Submitted Item so that Company can contact You in the event of any questions about Your Submitted Item.
THIS SERVICE AND THE CONTENT AVAILABLE ON IT AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE THAT USE OF THIS SERVICE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS OBTAINED THROUGH THE SERVICE (INCLUDING ANY COURSES OR OTHER PRODUCTS) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK.
Company reserves the right to change any and all Content at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.
Limitation of Liability
COMPANY’S MAXIMUM LIABILITY, AND YOUR SOLE REMEDY, WITH RESPECT TO ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU AND RECEIVED BY COMPANY FOR THE APPLICABLE COURSES OR OTHER PRODUCTS. IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS SERVICE OR THE CONTENT OR COURSES CONTAINED ON, OR ACCESSED THROUGH, THIS SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to You.
You agree to defend, indemnify and hold harmless Company and its affiliates, officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to Your use of the Service or any User Materials or Submitted Items You provide, or from Your conduct, Your violation of these Terms or Your violation of the rights of any third party, including, but not limited to, any claim by a third party that any User Materials or Submitted Items infringe or violate such third party's rights or interests.
Screening, Removal and Disclosure
Although Company has no obligation to screen, edit or monitor any of the User Material posted in any Interactive Area, Company reserves the right to, at our sole discretion, monitor, screen, remove, take down, edit, move, destroy or delete any User Material and Submitted Items at any time and for any reason or no reason without notice, including, but not limited to, User Material and Submitted Items that Company deems inappropriate or which Company believes may subject it to any liability. You are solely responsible for creating backup copies of and replacing any User Material You post or store through the Service at Your sole cost and expense. We may access, use and disclose transaction information about Your use of the Service, and any User Material and Submitted Items transmitted by You via or in connection with the Service, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for any Products; to protect Company’s rights or property, or to protect Users from fraudulent, abusive, or unlawful use of the Service. INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts residing the State of New York, and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Company reserves the right, without notice and in its sole discretion at any time, to terminate Your license to use the Service, to block or prevent future access to and use of the Service, and to remove and discard any User Material and Submitted Item. Company also reserves the right, at any time in its sole discretion, and without notice, to discontinue the Service or any features or services available through the Service. You are solely responsible for creating backup copies of and replacing any User Material or Submitted Item You post or store through the Service at Your sole cost and expense.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that You will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of Company not to permit materials known by Company to be infringing to remain on the Service. You should notify Company promptly if You believe any materials relating to the Service, including the Courses, other Products, advertisements, or materials available on or through links, frames, indexes and directories linked to the Website, infringe a third party copyright. Upon Company’s receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), Company will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please contact the representative listed at the bottom of this section for copyright infringement notices only. If You have a question about Your Company account, a general question, or any other Customer Service inquiry, please visit us at email@example.com.
To provide notice of claimed copyright infringement only:
Trusted Media Brands, Inc.
44 South Broadway
White Plains, New York 10601
Attn: Beth Clerc
Telephone : (914) 244-5400
It is the policy of Company to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.
If You have any questions about this legal notice, the practices of the Service, or Your dealings with the Service, please e-mail us at firstname.lastname@example.org.
Policy posted March 2015