Our Principles

At the core of DIY, is a belief that creativity and knowledge should be open and free. We believe that the projects and inventions that are shared on DIY should be distributed and licensed in such a way that both protects the rights and privacy of the individual creator and ultimately contributes the most value to the larger community. Because of this, any and all works of authorship copyrightable by you and posted by you to DIY are submitted under the terms of a Creative Commons Attribution-ShareAlike 3.0 Unported license.

Furthermore, these Terms of Service are available on Github under a Creative Commons Attribution 3.0 Unported license where we fully encourage anyone from the community to use, fork, submit pull requests, and share feedback with us.

Terms of Service

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY DIY CO (“DIY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY DIY, INCLUDING, WITHOUT LIMITATION, THE DIY.ORG WEBSITE AND DOMAIN NAME (“SITES”), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY DIY IN CONNECTION THEREWITH, INCLUDING ANY MOBILE APPLICATIONS OFFERED BY DIY (COLLECTIVELY, THE “SERVICE”). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.

Acceptance of Terms.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites by DIY. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by DIY from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. You represent and warrant that if you are an individual, you are of legal age to agree to these terms and conditions or you have your parents’ permission to do so, and that all registration information you submit (including any details you submit for a parent or guardian) is accurate and truthful. DIY may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use.

DIY reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. DIY may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy.

DIY’s current Sites privacy statement is located at URL (the “Privacy Policy”) and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact DIY’S CEO Zach Klein via email address zach@diy.org.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content, or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by DIY or its partners on or through the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media sites which are linked to the Site or the Service);
  • involves commercial activities and/or sales without DIY’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of DIY or any third party; or
  • impersonates any person or entity, including any employee or representative of DIY.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by DIY in its sole discretion) an unreasonable or disproportionately large load on DIY’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures DIY may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except (A) for any part of the Service which is licensed under an open source or similar license or (B) to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service except where license permits, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

DIY reserves the right to remove any Content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if DIY is concerned that you may have violated the Terms of Use), or for no reason at all.

Registration.

As a condition to using certain aspects of the Service, you will be required to register with DIY and select a password and nickname (“DIY User ID”). You shall provide DIY with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your DIY account. You shall not (i) select or use as a DIY User ID a name of another person with the intent to impersonate that person; (ii) use as a DIY User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a DIY User ID a name that is otherwise offensive, vulgar or obscene.

DIY reserves the right to refuse registration of, or cancel a DIY User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your DIY password. You shall never use another user’s account without such other user’s express permission. You will immediately notify DIY in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payment; Subscriptions; Promotions.

DIY reserves the right to require payment of fees for certain features of the Service, as well as for Products (as defined below). You acknowledge and agree that only an adult (18 years of age or older) can enter into any transaction or subscription with respect to such paid features or Products. Should you elect to subscribe to such features or purchase any Products, you shall pay all applicable fees, as described on the Sites in connection with such features or Products. You will be responsible for paying all delivery fees (including C.O.D. charges), taxes, customs, duties, and other similar charges in connection with any purchases made through the Site. DIY reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you (or in the case of Products, immediately upon posting such new pricing on the Site), which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges. If you purchase any paid subscription features on the Site, those subscriptions will automatically renew unless you provide DIY with at least 30 days’ notice that you wish to cancel your subscription. From time to time, DIY may offer promotions or discounts on services and Products available through the Site. All promotions or discounts will be subject to any additional terms specified by DIY, and unless otherwise indicated, (i) promotions and discounts may not be combined (i.e., one promotion per order), and (ii) promotions may not be applied to the purchase of any gift cards. For subscriptions that are purchased with discounted or promotional pricing, following the expiration of the discount or promotion, the subscription will be charged at full price upon renewal.

Third Party Sites.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under DIY’s control, and you acknowledge that DIY is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by DIY or any association with its operators. You further acknowledge and agree that DIY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. No Emergency Services. You expressly agree and understand that the Service is not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency or time-critical service (“Emergency Services”). DIY, its affiliates or staff are in no way liable for such emergency calls or communications. By agreeing to these Terms of Use you understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, you acknowledge and accept your responsibility to purchase, separately from the Service, traditional wireless or wireline telephone service and other means of communication intended for access to Emergency Services. You recognize and agree that DIY is not required to offer Emergency Services or access thereto pursuant to any applicable local and or national rules, regulation or law. You further acknowledge that DIY is not a replacement for your primary telephone service or any other means of communication.

DIY and Site Content.

You agree that the Service contains Content specifically provided by DIY or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from DIY, or from the copyright holder identified in such Content’s copyright notice.

Goods Marketplace

The Services may allow you to order various goods provided by DIY and/or its third party partners (“Products”). DIY reserves the right to change the pricing of Products at any time, as well as any Product descriptions, at any time in its sole discretion. All orders for Products are subject to acceptance and verification by DIY, and DIY reserves the right to reject or cancel an order for any reason (including, without limitation, in connection with any incorrect Product listings), up until the time the Product has shipped. If DIY cancels all or part of an order for which you have already provided payment, DIY will issue a refund for such cancelled portion. All Product rare subject to our Return Policy, which is incorporated herein by reference (and which may be updated by DIY from time to time in its sole discretion by posting a notice on the Site or by sending you an email).

User Submissions.

The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship, designs, know-how, ideas, inventions or other information or content, to the Services (“User Submissions”). By submitting User Submissions to DIY, by posting User Submissions on or at any of the Sites or otherwise through the Service, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you:

  • hereby agree that any and all User Submissions which constitute copyrightable works of authorship and which are posted by you to the Service (“Content”) are submitted under the terms of the Creative Commons Attribution-ShareAlike 3.0 Unported license (“CC-BY-SA”), and you hereby grant DIY a license to such Content under the terms of CC-BY-SA. Under this license, you permit anyone to copy, distribute, display and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. You also permit others to distribute derivative works of your Content, but only if they do so under the same CC-BY-SA license that governs your original Content. The full text of the CC-BY-SA license is available at:http://creativecommons.org/licenses/by-sa/3.0/legalcode.
  • represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by DIY (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and
  • acknowledge and agree that: (i) without limiting the CC-BY-SA license granted by you with respect to your User Submissions, DIY shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated; (iii) DIY will not be liable for any errors or omissions in any content; and (iv) DIY cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

You hereby grant DIY a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to DIY relating to the operation of the Service.

DIY does not endorse and has no control over any User Submission. DIY cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. DIY has no obligation to monitor the Site, Service, Content, or User Submissions. DIY may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Under no circumstances will DIY be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. DIY is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.

Termination.

DIY may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

DIY has no special relationship with or fiduciary duty to you. You acknowledge that DIY has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DIY from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. DIY makes no representations concerning any content contained in or accessed through the Sites, and DIY will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

EXCEPT FOR ANY SEPARATE WRITTEN WARRANTY THAT IS PROVIDED EXPRESSLY AND UNAMBIGUOUSLY FOR A SPECIFIC PRODUCT (WHICH, IF PROVIDED, WILL APPLY ONLY TO SUCH SPECIFIC PRODUCT, AND NOT TO OTHER PRODUCTS OR THE SERVICE GENERALLY), THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. DIY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT AND PRODUCT PROVIDERS DO NOT WARRANT: (A) THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT ANY DEFECTS OR ERRORS IN ANY PRODUCTS OR SERVICES WILL BE CORRECTED; (C) THAT ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE INTEGRITY OR SECURITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR (E) THE RESULTS OF USING THE SERVICE OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE AND ANY PRODUCTS IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): DIY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. DIY will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on DIY’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

Indemnification.

You shall defend, indemnify, and hold harmless DIY, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. DIY reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with DIY in asserting any available defenses.

General Content Disclaimer.

DIY makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content, and you should not rely on the Content for any purpose. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content. By using the Service, you agree that DIY shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.

Limitation of Liability.

IN NO EVENT SHALL DIY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) OR ANY PRODUCT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR PRODUCTS OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

International/Non-California Use.

DIY makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and DIY agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability.

The Terms of Use are the entire agreement between you and DIY with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and DIY with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.

DIY shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DIY’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with DIY’s prior written consent. DIY may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

Unless otherwise indicated, the Terms of Use and all Content provided by DIY are copyright © 2012 DIY Co. All rights reserved. DIY are either trademarks or registered trademarks of DIY. The names of any actual companies and products mentioned at the Sites may be the trademarks of their respective owners. Digital Millennium Copyright Act Notice. As DIY asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that any material located on or linked to by or through the Service violates your copyright, you may notify DIY in accordance with the following policy. The address of DIY’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is DIY’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A.Procedure for Reporting Copyright Infringements: If you believe that Content residing on or accessible through the Site or Service infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person’s behalf;
  2. Identification of the copyrighted works or materials allegedly being infringed;
  3. Identification of the Content that is claimed to be infringing including information regarding the exact location of the Content that the copyright owner seeks to have removed, with sufficient detail so that DIY is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the use of the allegedly infringing Content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.

B.Once Proper Bona Fide Infringement Notification is Received by the Designated Agent it is DIY’s policy:

  1. to remove or disable access to the infringing Content;
  2. to notify the Content provider, member or user that it has removed or disabled access to the Content; and
  3. that repeat offenders will have the infringing Content removed from the system and that DIY will terminate such content provider’s, member’s or user’s access to the service.

C.Procedure to Supply a Counter-Notice to the Designated Agent: If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the Content provider, member or user;
  2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  3. A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which DIY is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, DIY’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DIY’s discretion.

Please contact DIY’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement: Ivan Gaviria Gunderson Dettmer, LLP 1200 Seaport Boulevard Redwood City, CA 94063 Contact.

Terms Required by Apple.

In the event you obtained our iOS app (the “App”) through the Apple App Store, offered by Apple, Inc. (“Apple”), the following shall apply:

  • Both you and DIY acknowledge that this Agreement is concluded between you and DIY only, and not with Apple, and that Apple is not responsible for the App;
  • You will only use the App in connection with an Apple device that you own or control;
  • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  • In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
  • You acknowledge and agree that DIY, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
  • You acknowledge and agree that, in the event of any third party claim that the Software App or your possession and use of the Software infringes that third party’s intellectual property rights, DIY, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim (but solely to the extent set forth in this Agreement);
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  • Both you and DIY acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  • Both you and DIY acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

Contact.

Legal Department
DIY Co
3579 17th Street
San Francisco, CA 94110

Effective Date: April 22, 2012




Privacy Policy

DIY Co. (“we,” “us,” “our,” or “DIY”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about how we use your personal information. By visiting, accessing or using the htt://diy.org website, and any other linked pages, features, content, or application services (including mobile applications) offered from time to time by DIY in connection therewith (collectively, the “Website”), or using any of our services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy. For more information on the DIY community, please click here.

What Does This Privacy Policy Cover?

This Privacy Policy covers DIY’s treatment of personally identifiable information (“Personal Information”) that DIY gathers when you access the Website and when you use DIY’s services. This policy does not apply to the practices of companies that DIY does not own or control (including any third-party products or services used for logging into the Website or that are integrated with the Website), or to individuals that DIY does not employ or manage. The Website may contain links to other sites. Company is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site.

What Personal Information Does DIY Collect?

The information we gather from users enables us to provide, personalize and improve our services, and allows our users to set up a user account and profile that can be used to personalize their experience on the Website and interact with other users through the site. In connection with the Website, we request and display some personal information to other users and visitors of the Website, which allows users to identify one another. We collect the following types of information from our users:

Personal Information You Provide to Us:

When a child creates an account on our service, their account starts out as a private account which is invisible to the public and other users of our service. We require parental consent prior to making a child’s account publicly visible. During the account creation process, we require a child to enter a parental email address for purposes of obtaining this consent. In addition to this parental email address, we also receive and store the following information when a child creates an account: We ask the child to pick a cartoon animal “avatar” which will represent them on the service; We ask the child to pick a nickname to identify them on the service. We encourage children to use our nickname generator, and we ask that children do not use their real name. * We ask the child to provide a password.

We do not condition a child’s participation in an online activity on the child providing more personal information than is reasonably necessary for that activity. Once the child’s account is created, we send an email to the provided parental email address prompting the parent to create a parental account on our service, which is linked to the child’s account. During the parental account registration process, we receive and store the following information: full name of the parent, parent’s email address, a password for the parental account, as well as any other information necessary for us to provide our services. In addition, if a parent elects to subscribe to any paid features of our service, we may collect additional billing information such as a mailing address.

If we do not receive a response from a parent following creation of a child account, we delete the parental email address from our database. Once a parent has completed the parental account registration process, we unlock the child’s account to be publicly visible.

DIY does not intentionally collect any personal information from children other than the information set out above. However, as part of the functionality of our service, we allow child accounts to upload certain content to the site, including photos and comments. We take measures to prevent children from communicating personal information through these features, but we cannot guarantee the effectiveness of these measures. If you use these features to disclose personally identifiable information, you should be aware that such information could be read, collected, or used by other users and/or third parties. You agree not to provide any personally identifiable information through these features, and we are not responsible for any personally identifiable information that you provide using these features.

You can choose not to provide us with certain information, but then you may not be able to create an account or take advantage of many of the Website’s special features. The Personal Information you provide is used for such purposes as obtaining parental consent as set forth above, providing parents with notice of our privacy practices, answering questions, improving the content of the Website, responding to your requests for certain information, products and services, attribution for content you submit, customizing the advertising and content you see, allowing you to communicate with other users, and communicating with you about DIY’s products and services, including specials and new features.
Personal Information Collected Automatically:

  • We receive and store certain types of information whenever you interact with our Website or use our services. DIY automatically receives and records information on our server logs from your browser including your IP address, cookie information, browser information, operating system, timestamps, the pages you request, and the actions and path you take on the Website.
  • Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Website and how they use its various components. DIY only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how users use parts of the Website or services so that we can make the Website appealing to as many users as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our users, collectively, use our Website or services. We share this type of statistical data so that our partners also understand how people use the Website or services, so that they, too, may provide you with an optimal online experience. Again, DIY never discloses aggregate information to a partner in a manner that would identify you personally.

E-mail Communications:

We may use your contact information to send emails to you about DIY and other related topics that may be of interest to users of the Website, as well as for the other reasons set forth in this Privacy Policy. We may receive a confirmation when you open an email from DIY if your computer or device supports this type of functionality. DIY uses this confirmation to help us make emails more interesting and helpful and to improve the Website and our services. When you receive e-mail from DIY, you can opt out of receiving further e-mails by following the included instructions to unsubscribe. You can also opt out of these communications within your account settings or by sending us an email at help@diy.org.

What About Cookies?

  • Cookies are alphanumeric identifiers that we transfer to your computer’s (or other device’s) persistent storage medium (e.g., hard drive) through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. We use cookies to enhance visitors’ experiences, to learn more about their use of the Website and to improve quality.

  • Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Website’s most attractive features.

Will DIY Share Any of the Personal Information it Receives?

Personal Information about our users is an integral part of our business. We neither rent nor sell your Personal Information to anyone.

With respect to a child’s Personal Information:

  • DIY will not contact children under the age of 13 about special offers or for marketing purposes without parental consent.
  • DIY will not send Personal Information about a child to other companies or people, except when: we have a parent’s consent to share the information or we are required to do so to comply with the law, including for example, to comply with a court order or subpoena; to enforce our Terms of Service, or site rules; or to protect the safety and security of our users and site.
  • If DIY, or substantially all of its assets were acquired, or in the unlikely event that DIY goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. As set forth below, you acknowledge that such transfers may occur, and that any acquirer of DIY may continue to use your Personal Information as set forth in this policy.

With respect to Personal Information other than a child’s Personal Information, we share such Personal Information only as described below.

Advertisers: As discussed above, we may allow advertisers to choose the demographic information of users who will see their advertisements and you agree that we may use any of the information we have collected from you (including, without limitation, information you may have decided not to show to other users) to select or allow the advertiser to select the appropriate audience for those advertisements. For example, we may allow an advertiser to target an ad to you based on your query history.

Affiliated Businesses We Do Not Control: We anticipate that we may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through the Website. In other situations, DIY may provide services, or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, DIY’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

User profiles: User profile information including users’ name, email address, and other information you enter (“User Submissions”) may be displayed to other users to facilitate user interaction within the Website. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Users’ email addresses will not be directly revealed to other users by DIY, except, when the user is “connected” to another user via a shared group membership, or an invitation, or if the user has chosen to include their email address in their User Profile.

Communication in response to User Submissions: As part of the Website and services, you will receive from DIY email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, DIY may send you email and other communication that it determines in its sole discretion relate to your User Submissions.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that are transferred. Moreover, if DIY, or substantially all of its assets were acquired, or in the unlikely event that DIY goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of DIY or its assets may continue to use your Personal Information as set forth in this policy.

Protection of DIY and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the any applicable law, regulation or other legal requirement; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of DIY, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

Is Personal Information About me Secure?

Your DIY account Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account. DIY endeavors to protect user information to ensure that user account information is kept private, however, DIY cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Website contains links to other sites. DIY is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Website.

Please be aware that whenever you voluntarily post information to public areas on Website or any other public forums, such information can be accessed by the public.

What personal information can I access?

DIY allows you to access the following information about you for the purpose of viewing, and in certain situations, updating or deleting that information. This list will change as the Website changes.

  • Real name
  • Account and user profile information
  • User e-mail address
  • Username and password
  • User preferences

Moreover, parents may review, edit, and delete information relating to their child’s account at any time. We use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their children:

  • A parent can access, change, or delete his or her child’s Personal Information by logging on to the website and following the instructions set forth above in “What Personal Information Can I Access.”
  • A parent can contact our customer service department to access, change, or delete the child’s Personal Information by sending an e-mail to help@diy.org. Please include the child’s member name and the parent’s e-mail address in the e-mail so that we can better assist you with your inquiry or request.

Please note that Personal Information about a child may remain in back-up storage for some period of time after a request for deletion of that child’s account. This may be the case even though no information about that account remains in our active user databases.

What choices do I have?

  • As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of or register for certain features of the Website and services.
  • You are able to add or update certain information on pages, such as those listed in the “What Personal Information Can I Access” section above. When you update information, however, we often maintain a copy of the unrevised information in our records.
  • You may request deletion of your DIY account by sending an e-mail to help@diy.org. Please note that some information may remain in our records after deletion of your account.
  • If you do not wish to receive email or other mail from us, please indicate this preference by changing your account settings, or by notifying us at help@diy.org. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes.

Changes to this Privacy Policy

DIY may make changes to this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Website after such changes have been first posted.

Questions or Concerns

If you have any questions or concerns regarding privacy on our Website, please send a detailed message to DIY’s CEO Zach Klein via email at zach@diy.org, write to us at Privacy Compliance, DIY Co., 3579 17th Street, San Francisco, CA 94110, or telephone us at (415) 685-3349. We will make every effort to resolve your concerns. Please note that if you are not 18 years of age or older, then you must have your parent or legal guardian’s permission to call us. Effective Date: April 25, 2012




Return Policy

  • If you are dissatisfied with your order, you may return the products in their original, resalable condition up to 30 days from the ship date for a full refund or an exchange.
  • All orders for patches are final sale.
  • To make a return, please email returns@diy.org to get an RMA.
  • The customer is responsible for all return shipping and insurance charges (except as set forth below for damaged/defective products).
  • If DIY lowers the price of a product following an order, we will honor a one-time price adjustment within 7 days of the order.
  • For products that arrive damaged or defective, DIY will reimburse the return shipping charges and will either refund the purchase price, or provide a replacement product.