TERMS OF SERVICE
Terms of Service for DesignHandyman.com
These Terms of Service (the "Agreement") set forth the terms and conditions upon which DeisgnHandyman.com ("we" or "our company") makes available its services ("Services") to you ("Customer" or "You"). For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using the Services, including its employees and agents; Your use of the Services is expressly conditioned on your compliance with these Terms of Service. By clicking, accessing or using the Services, you are indicating that you agree to be bound by these Terms of Service. You acknowledge and agree that DesignHandyman.com may revise these Terms of Service from time to time. If we make changes, we will indicate at the top of this page the Terms of Service effective date. By continuing to access or use the Services after DesignHandyman.com makes any such revision, you agree to be bound by the revised Terms of Service.
1.1 "Effective Date"
Means the date which you commence using the Services.
Means the provision of services as selected by you during the ordering processand confirmed by email from DesignHandyman.com.
2. Description of services
The Services provide a user the ability to upload a file (a "User File") or multiple files ("User Files") and request a change or correction for it. You acknowledge and agree that DesignHandyman may establish general practices and policies concerning use of the Services, including, without limitation, the maximum number of files that a user may upload through the Services, the maximum size of the files that a user may upload through the Services. DesignHandyman.com reserves the right to change or discontinue any of the Services at any time.
3. Making a Contract with You
No sign up is required to access our service. All you have to do is provide your e-mail address and accept these Terms of Service. To receive the completed service will be asked to approve a quote and make the payment. If we accept payment you will receive an e-mail acknowledging that we have received your payment and accepting your offer for the Services. At this point a contract between you and DesignHandyman will be formed.
4. Responsibility for Data
While we try to ensure that the Services are error free, we cannot guarantee that User Files will not be deleted or lost. You acknowledge and agree that DesignHandyman will not be responsible for any failure of the Services regarding a User File. You acknowledge and agree that DesignHandyman will not be responsible for the deletion of a User File stored or processed during the provision of the Services, or for the corruption of or loss of any data, information or content contained in a User File. You bear full responsibility for archiving and backing up your User Files and data and sole liability for any lost or irrecoverable User Files or data.
5. Copyright Policy
DesignHandyman.com respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights, and expressly prohibited under DesignHandyman.com's services. Participants of DesignHandyman.com's services upload materials and services at their own risk. DesignHandyman.com does not monitor customer content. DesignHandyman.com will not be liable for any damages claimed as a result of DesignHandyman.com's services, information, or products. Each and every Participant is solely responsible for all materials stored with DesignHandyman.com, for accuracy of materials including warranties, and for acquiring all necessary authorizations for hyperlinks and marketing materials. DesignHandyman.com makes no express or implied warranty regarding the accuracy, quality, or nature of information that may be obtained by users or participants from the internet through the use of DesignHandyman.com's services.
6. General Prohibitions
As a condition to your use of the Services, you agree not to:
- Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (viii) spreads messages of terror or depicts torture; (viv) harm minors in any way, this includes any form of child pornography; (x) promotes illegal activity, including but not limited to, gambling and the offering for sale of illegal weapons - Access, tamper with, or use any non-public areas of the Services or DesignHandyman.com's computer systems or the technical delivery systems of DesignHandyman.com's providers; - Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures; - Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; - Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or - Misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on DesignHandyman servers. - Impersonate or misrepresent your affiliation with any person or entity.
DesignHandyman.com will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. DesignHandyman.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that DesignHandyman has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
Any files uploaded to the DesignHandyman.com service which appear to involve child exploitation will be reported to the US National Center for Missing & Exploited Children's CyberTipline. Additionally any users found to be uploading files which appear to involve child exploitation will be permanently banned from using DesignHandyman.com's services.
The Services may make available links to third-party websites. You acknowledge and agree that DesignHandyman.com is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by DesignHandyman.com of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect. Headings in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
You agree to defend, indemnify, and hold harmless DesignHandyman.com, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.
DesignHandyman.com may provide you with notices, including those regarding changes to the Services by postings on the Services.
By agreeing to these Terms of Service DesignHandyman.com reserves the right to send you an email newsletter publication from which you will be able to unsubscribe at any point.
The failure of DesignHandyman.com to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
12. DesignHandyman.com Confidential Information
You represent and warrant to DesignHandyman.com that (a) you are not a competitor of DesignHandyman.com, (b) you shall keep publicly unannounced information and materials pertaining to DesignHandyman.com, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the DesignHandyman.com Web site or use of the DesignHandyman.com Services to compete with DesignHandyman.com in its business.
13. Cancellation Rights
If you are purchasing the Services as a consumer, then under the Distance Selling Regulations you have the right to cancel this Agreement for any reason during the seven working day cooling off period from the date you subscribe. If you upload a User File before the end of the cooling off period then you will waive your right to cancel the Agreement.
14. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of Portugal without regard to its conflict of law provisions. The Portuguese courts shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the those courts.
For the exclusive benefit of DesignHandyman.com and to the extent possible in the applicable jurisdiction, DesignHandyman.com shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
15. Entire Agreement
These Terms of Service are the entire and exclusive agreement between DesignHandyman.com and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between DesignHandyman.com and you regarding the Services. Please be aware that DesignHandyman reserves the right to cancel any transmission they find in violation of any of the above policies.
If you have any questions about these Terms of Service, please contact firstname.lastname@example.org