A. DEFINITIONS

  1. The “Agreement” refers, collectively, to all the terms, conditions and notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Privacy Policy available at [https://diy-robotics.com/privacy-policy/]) and procedures that we may publish from time to time on the Website.
  2. The “Service” refers to the applications, software, products, and services provided by DIY-Robotics.
  3. The “Website” refers to the DIY-Robotics website located at [https://diy-robotics.com/] and all content, services, and products provided by DIY-Robotics at or through the Website. It also refers to all message boards, forums, blogs, and other portions of the Website.
  4. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 16 years of age.
  5. “DIY-Robotics,” “We,” and “Us” refer to DIY-Robotics.
  6. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
  7. An “Account” represents your legal relationship with DIY-Robotics. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Our Website.

B. ACCOUNT TERMS

1. Account Controls

Subject to these Terms, Users retain ultimate administrative control over your User Account and the Content within it.

2. Required Information

You must provide a valid email address in order to complete the signup process. You may sign up with a suitable username. Accounts that select usernames that use epithets, profanity, or other inappropriate languages will be deleted. Any other information, such as your real name, is optional.

3. Account Requirements

We have a few simple rules for User Accounts on our forums and Website.

  • You must be a human to create an Account. Accounts registered by “bots” or other automated methods are not permitted.
  • One person may maintain no more than one Account.
  • You must be age 16 or older. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside of Canada or the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
  • You may not use the Website in violation of export control or sanctions laws of any applicable jurisdiction.

4. User Account Security

You are responsible for keeping your Account secure while you use our Service. We offer tools to help you maintain your Account’s security, but the content of your Account and its security are up to you.

  • You are responsible for all content posted and activity that occurs under your Account.
  • You are responsible for maintaining the security of your Account and password. DIY-Robotics cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You will promptly notify DIY-Robotics if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

C. ACCEPTABLE USE

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

D. USER-GENERATED CONTENT

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. DIY-Robotics May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any DIY-Robotics terms or policies. We reserve the right to remove posts that are in languages other than English and Content that is unrelated to the subject matter of the Website and Service.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.

4. License Grant to DIY-Robotics

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other DIY-Robotics users— certain legal permissions. These license grants apply to Your Content.

We need the legal right to do things like host Your Content, publish it and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant DIY-Robotics the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users’ content, may be viewed by others. You agree to allow others to view and make their own copies of your Content.

By posting User-Generated Content, you grant each User of the Website a nonexclusive, worldwide license to use, display, and perform Your Content through the DIY-Robotics Service and to reproduce Your Content solely on DIY-Robotics as permitted through the Website’s functionality (for example, by discussing the content on the forums).

If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other DIY-Robotics Users.

6. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant DIY-Robotics the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

7. Right of Credit/Attribution

As a condition of using this Website, users must give attribution or credit to the owner of any code, logo, program, art, or work. Users may not distort, modify, damage, or otherwise hinder the work of others.

E. COPYRIGHT INFRINGEMENT AND DMCA POLICY

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on the Websites violates your rights, please contact us via [https://diy-robotics.com/contact/]. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the Accounts of repeat infringers of this policy.

F. INTELLECTUAL PROPERTY NOTICE

DIY-Robotics’ Rights to Content

DIY-Robotics and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from DIY-Robotics.

G. CANCELLATION AND TERMINATION

1. Account Cancellation

It is your responsibility to properly cancel your Account with DIY-Robotics.

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is canceled.

This Website’s User forum is hosted by Zendesk. The User Forum is governed by these Terms and Conditions and Zendesk’s Privacy Policy, Terms and Conditions, and Data Deletion Policy. Account termination, migration, and data deletion timelines handled in accordance with Zendesk’s policies. More information about Zendesk’s Privacy Policy and Data Deletion Policy can be found here.

2. DIY-Robotics May Terminate

DIY-Robotics has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

3. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

H. DISCLAIMER OF WARRANTIES

DIY-Robotics provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

DIY-Robotics does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable, or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

I. LIMITATION OF LIABILITY

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  • the use, disclosure, or display of your User-Generated Content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or
  • any other matter relating to the Service.

Our liability is limited to whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

J. RELEASE AND INDEMNIFICATION

If you have a dispute with one or more Users, you agree to release DIY-Robotics from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that DIY-Robotics(1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases DIY-Robotics of all liability); and (3) provides to you all reasonable assistance, at your expense.

K. CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

L. MISCELLANEOUS

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and DIY-Robotics and any access to or use of the Website or the Service are governed by the laws of Canada and the laws of Quebec, without regard to conflict of law provisions. You and DIY-Robotics agree to submit to the exclusive jurisdiction and venue of the courts located in Quebec.

2. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of DIY-Robotics to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

3. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of DIY-Robotics, or by the posting by DIY-Robotics of a revised version. These Terms of Service, together with the Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and DIY-Robotics relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

4. Questions

Questions about the Terms of Service? Contact us [https://diy-robotics.com/contact/].

Last update: October 21, 2020