Instructables Terms and Conditions of Use
IN THESE TERMS AND CONDITIONS, “WE,” “US,” “ITS” AND “OUR” REFER TO Autodesk Inc. of which Instructables is a service (“Instructables”), AND “YOU” AND “YOUR” AND “USER” REFER TO YOU. Before using this website, please read this agreement relating to your use of this website carefully.
1. ACCEPTANCE OF TERMS
By using the Instructables website, presently Instructables.com (the “Site”) including any service or activity thereon (each a “Service”), you agree to be bound by these terms and conditions of use without modification (“Terms”), which are in addition to the Terms of Service available at http://usa.autodesk.com/adsk/servlet/index?siteID=123112&id=17752585 (“General Terms”), as well as the Privacy Policy, Linking Policy, and Export Compliance Policy, available at http://usa.autodesk.com/adsk/servlet/index?siteID=123112&id=17752585 and other Autodesk policies that may be published from time to time (collectively “Policies”), all of which are hereby incorporated by reference into these Terms and constitute a binding agreement between you and us. If you do not agree to these Terms, please do not use the Site or any Service. If there is any conflict between the terms of any of the Policies and these Terms, these Terms will control with respect to the Site. Instructables provides the information and Services on the Site to you, the user, conditioned upon your acceptance of these Terms. Your use of Site (including any Service) constitutes your agreement with such Terms. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms on the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes.
2. DESCRIPTION OF SITE
The Site permits you to show things you have made, to learn how to make things from others, and to create and to update project descriptions. Further, the Site includes and provides you Services in the form of a rich collection of associated on-line resources including communications tools, project management tools, forums, personalized content and search services. The details of these resources available to your membership level (each a “Membership Plan”) are available on the Site and may be revised from time to time by Instructables in its sole discretion.
In addition, each user's use of a particular Service on the Site (including any Contest referenced in Section 12 below) may be subject to specific guidelines or rules (“Service-specific Rules”) posted from time to time and incorporated by this reference into these Terms. If a user does not accept our Terms or any Service-Specific Rules, he or she is not granted rights to use the Site or any Service and should refrain from accessing the Site and such Service.
3. SITE BASED IN U.S.
The Site is controlled and operated by Instructables from the United States (“U.S.”) and, except as expressly set forth herein, is not intended to subject Instructables to the laws or jurisdiction of any state, country or territory other than that of the U.S. Instructables does not represent or warrant that the Site or any part thereof (including any Service) is appropriate for any particular jurisdiction other than the U.S. and use of the Site and/or participation in any Service from other jurisdictions may be limited or prohibited. In choosing to access or use the Site or any Service, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. Instructables may limit the availability of the Site and any Service, in whole or in part, to any person, geographic area or jurisdiction Instructables chooses, at any time and in Instructables’s sole discretion.
4. MODIFICATIONS TO SITE AND SERVICES
Instructables reserves the right at any time, and from time to time, to modify, suspend or discontinue, temporarily or permanently, the Site or any Service (or any part thereof). Instructables shall not be liable to any user or other third party for any such modification, suspension or discontinuance.
5. NO UNLAWFUL OR PROHIBITED USE
By using the Site (including any Service), you warrant to Instructables that you will not use the Site, or any Materials obtained therefrom or from Instructables, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Site automatically terminates.
6. REGISTRATION OBLIGATIONS
a. You may be required to register with Instructables in order to access certain areas of the Site and/or any portion thereof or for any Service. You represent that you are legally able to form a binding contract and are not a person barred from access to, use of and/or participation on the Site under the laws of the United States or other applicable jurisdictions. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by any Service’s registration form (such information being the “Registration Data”) (i) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if Instructables has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or otherwise in violation of any Service-specific Rules or of these Terms, Instructables has the immediate right to suspend or terminate your account and/or to refuse any and all current or future access to, use of or participation in the Site (or any Service or other part thereof) without notice. You will receive a password and account designation upon completing the Site registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully liable for all activities occurring thereunder.
b. Instructables cannot and will not be liable for any loss or damage arising from your failure to comply with this Section, including any loss or damage arising from your failure to (i) immediately notify Instructables of any unauthorized use of your password or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session. You are not authorized to use or access this Site (or participate in any Service) unless you are at least 13 years old, and if you are under the age of 18 (or under the age of majority in your jurisdiction of your primary residence, as applicable), you may only use this Site under the active supervision and permission of a parent or legal guardian who has agreed to these Terms on your behalf. Individuals who are under the age of majority in their jurisdiction and who have not obtained such permission of (and acceptance of these Terms by) their parent or legal guardian are not authorized to use this Site or to transmit or otherwise submit personal information to Instructables. We reserve the right to refuse service to anyone for any reason at any time.
A SPECIAL NOTE TO PARENTS:
Instructables does not knowingly solicit and will not accept personal information from users known by us to be under 13 years of age. We encourage parents to spend time online with their children and to teach their children about talking to strangers and not sharing personal information such as real names, addresses, or phone numbers online. In some jurisdictions, notification, prior written permission or other verifiable parental consent may be required of a parent or guardian for children from 13 to 17 years of age. No information should be submitted nor posted to the Site by children under 13 years old.
7. PAYMENT OF MEMBERSHIP CHARGES
a. Instructables offers one or more membership plan(s) (each, a “Membership Plan”) either free of charge or for a fee. The Membership Plans and their associated fees, if any, are described in detail on the Site, and may be revised from time to time by Instructables in its sole discretion. However, any Membership Plan fee already received by Instructables shall be honored for the duration of Membership Plan. Instructables may, in its sole discretion, determine to discontinue its free-of-charge Membership Plan, in which case such a member will be invited to join a for-fee Membership Plan prior to the free-of-charge Membership Plan being terminated in accordance with these Terms.
b. If applying for a for-fee Membership Plan, you hereby agree either to pay Instructables via your PayPal account or other third party payment gateway account (“Payment Account”) or to authorize Instructables to charge your credit card in advance of Membership Plan activation or renewal, for the amount of your selected Membership Plan in accordance with the Membership Plan details.
c. The membership fee, when paid, is non-refundable and accrues on the first day of each term or successive renewal term of the Membership Plan until canceled, regardless of whether or not the Member actually access or uses the Site or any Service.
d. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including Contests, promotions, or other similar features, all of which terms are made a part of these Terms by this reference; provided, however, that where there is an express conflict between these Terms and terms and conditions of those other features, these Terms shall prevail.
e. You are required to pay all charges on time. To do so, you agree to establish reoccurring payments through your Payment Account or to submit an accompanying payment authorization in connection with these charges when requested by Instructables. Credit card transactions processed by Instructables require an acceptable and continuously valid credit card number, security code, billing address, and telephone number. Instructables may terminate or disable your Membership Plan if you fail to pay fully and in a timely manner all amounts due to Instructables. If your credit card expires or is otherwise declined for payment, access to the Site (including any Service) may be immediately modified, suspended, or cancelled, in Instructables’s sole discretion and without notice to you. If you have any payment more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 1.5 percent per month, or the maximum allowable by law, whichever is greater, shall accrue and the entire amount of unpaid charges, plus this assessment, will become immediately due and payable. You shall pay all costs incurred by Instructables with respect to collection of any past due amount, including legal and collection fees and costs.
f. All fees are quoted and payable in United States Dollars. You are also responsible for paying all applicable taxes for all Services and/or Content, and any other costs incurred in connection with the use of or access to the Site and/or participation in any Service, as applicable.
You may contact Instructables by e-mail at service@instructables.com or call 510-473-7626 concerning charges or other questions regarding the status of your account. If your account-related questions are, however, not satisfactorily resolved within fifteen (15) business days of your first contact with Instructables, you must write to Instructables at: Instructables.com Registration, One Market Street, Second Floor, San Francisco, CA 94105 delivered by registered United States mail or overnight courier, return receipt requested. Paid accounts will be limited to U.S. residents, unless otherwise expressly noted by Instructables on the Site. Notwithstanding the foregoing, in no event may you dispute any charge or account billing hereunder later than ninety (90) days after such questionable account billing or other discrepancy should have been or could have been reasonably discovered by you. Otherwise, except as required by applicable law, any and all such complaints are waived by you.
8. TERM OF MEMBERSHIP PLAN
a. The term of your Membership Plan access to the Site, including all Services and Content therein contained, is based upon your express agreement and adherence to these Terms including any Service-specific Rules and to your fully paid membership and/or other fees. Your Membership Plan shall be for the duration as may be agreed by you and Instructables through online registration or otherwise, and shall automatically renew for indefinite successive renewal terms for the same duration, depending on agreed upon the terms of your Membership Plan, unless terminated by you or Instructables in accordance with any of these Terms.
b. If, however, you accept a free trial membership or a special/promotional offer for a membership, then, at the conclusion of the initial term specified in any such free trial or special/promotional offer, your Membership Plan, which follows, shall be subject to the then-current fees, and you hereby authorize Instructables to charge your credit card, in advance, for the amount due for such Membership Plan.
c. In addition to these Terms, you may be subject to additional terms and conditions if you intend to join the Pro Membership program http://www.instructables.com/account/gopro which are incorporated herein by this reference. If you have a Pro membership, you may cancel your Pro membership at any time for any reason. We may cancel your Pro Membership for a violation of these Terms (including the “Be Nice” Policy in Section 11 below). No refunds or pro-rated refunds will be given in either case.
9. PRIVACY POLICY
Your submission of personal information through the site is governed by The Privacy Policy located at http://usa.autodesk.com/privacy/, which is incorporated herein by this reference.
10. CONTENT
a. All information, images, data, text, software, music, sound, diagrams, photographs, graphics, video, messages or any other materials whatsoever (collectively, “Content”), whether publicly posted on or privately transmitted via the Site, are the sole responsibility and property of the person from which such Content originated and/or the applicable owner or licensor thereof (the “Author”). This means that the user, and not Instructables, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits, whether via the Site, any Service or otherwise. While each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content, those users posting anything not suitable for all audiences must agree that they are fully responsible for all Content they have posted anywhere on any Service. Should any Content be deemed illegal by any applicable law, rule or regulation, Instructables may, in its sole discretion, remove such Content and submit all necessary information to the proper authorities.
b. Should any Content be reported to Instructables as being offensive or inappropriate, Instructables might call upon the poster thereof to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the Instructables staff. Should the poster thereof fail to meet such a request from an Instructables staff member, Instructables has the full authority to terminate any such reported and verified account and associated inappropriate Content and remove the Content. Instructables, however, is under no obligation to restrict or monitor Content in any way.
c. Instructables claims no ownership or control over any Content posted by unrelated third party users of the Site. As between Instructables and the Author, the Author retains all trademark and copyright rights to all Content posted within available fields, and is responsible for protecting those rights but is not entitled to the help of the Instructables staff in protecting such Content. Without limitation of these Terms, the poster of any Content represents that the poster has all rights necessary to post such Content (and for Instructables to serve such Content) without violation of any intellectual property or other rights or any laws or regulations.
d. By uploading, emailing, posting, publishing or otherwise transmitting Content you acknowledge and agree that such Content is non-confidential and by uploading, emailing, posting, publishing or otherwise transmitting or submitting your user name, any and all Content, information and ideas (collectively “Materials”) to the Site you, as Author, hereby grant to Instructables and its Affiliates the world-wide, royalty-free, fully paid-up, perpetual, non-exclusive and fully sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, publicly perform and publicly display, transmit, store, post, distribute and otherwise exploit any or all of the Materials, in whole or in part, alone or with other materials, in any and all form(s), by any and all means and in any and all media or technology now known or hereinafter developed, and for any and all purposes, including for publicity, promotion and marketing purposes, and/or for our business purposes (for example, in connection with e-books and Contests) . Furthermore as Author, you agree, on behalf of yourself and all others claiming rights through you in connection with any Materials, not to assert against Instructables or any other Indemnitee any so-called “moral rights” or analogous rights anywhere in the world. Of course as Author you are free to remove your Content from the Instructables Site at any time; however, please note that all of our rights in such Content prior to your removal will remain subject to these Terms, including the license described in this Section 10(d).
e. You acknowledge that Instructables does not pre-screen Content, but that Instructables shall have the right (but not the obligation) in its sole discretion to reject or remove any Content that is available through the Site. Without limiting the foregoing, Instructables shall have the right, but not the obligation, to remove at any time any Content that violates any of these Terms including Content that is objectionable or that infringes or is alleged to infringe another’s intellectual property or other rights. You agree that you must evaluate, and bear all risks associated with, the use of any Content or other Materials (including third party trademarks and copyrights) including all risks associated with your reliance on the accuracy, completeness, or usefulness of such Content and/or Materials. Furthermore, Instructables reserves the right, but not the obligation, to limit access to your account and Content found in violation of these Terms by removing the account, Content and related user information from the Instructables member directory, search engine, and any and/or all other methods used in conjunction with finding Site users and Content.
f. Instructables, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of Instructables, users and the public. Instructables does not control the Content posted via the Site and, as such, does not guarantee the accuracy, completeness, integrity, quality or safety of such Content. In no circumstances will Instructables or any other Indemnitee be liable in any way for any Content, including but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site or any Service.
g. You understand that the technical processing and transmission of the Site, including your Content, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
11. “BE NICE” POLICY
You agree that while using the Site you will comply with all applicable laws, rules and regulations. We expect users of the Site to respect the rights and dignity of others, and thus your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section. You understand that should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Instructables’s sole discretion as to what action should be taken including termination of your access to the Site. Without limitation, you agree that you will not:
a. upload, post or otherwise transmit or otherwise make available through the Site any Content that is in Instructables’s opinion to be unlawful, degrading, fraudulent, offensive, indecent, unsafe, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, defamatory, invasive to another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way, as seen by Instructables or applicable law;
c. impersonate any person or entity, including but not limited to, including any employee or representative of Instructables or of any “Affiliate” or of any “Indemnitee” (as those terms are defined below), or express or imply that Instructables endorses any statement you make;
d. falsely state or otherwise misrepresent your affiliation with any person, firm or entity;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
f. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. upload, post or otherwise transmit any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense;
h. upload, post or otherwise transmit any Content that violates or infringes any patent, trademark, trade secret, copyright or other proprietary rights of Instructables or of any third party (unless Instructables or such third party has granted you permission to do so);
i. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
j. upload, post or otherwise transmit any material that contains any virus, worm, Trojan horse or other computer code, file or program that is harmful or invasive or may or is intended or designed to damage, hijack, interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment;
k. interfere with or disrupt the Site or servers or networks connected to the Site or used to make the Site available, or violate or disobey any requirements, procedures, policies or regulations of networks;
l. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
m. “stalk” or otherwise harass another person or company;
n. collect, harvest or store personal data about other users of the Site;
o. use, or allow usage by others of, the Site or any Service, element or feature within it as a forwarding service to another website in such a way as to violate these Terms;
p. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, for any purpose without Instructables’s express prior written consent;
q. use the Site for any fraudulent or unlawful purpose or engage in any fraudulent activity or any other activity not authorized by these Terms;
r. restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);
s. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site (including any Content, Software and other Materials made available through the Site), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions;
t. frame, relay or mirror any part of the Site without Instructables's express prior written consent; or
u. create a database by systematically downloading and storing all or any Content on the Site.
If any user is reported to be in violation with any of these Terms, Instructables retains the right, in addition to its other rights and remedies, to terminate the user’s account or otherwise block the user’s access to the Site or participation in any Service at any time without further warning.
12. RULES FOR SWEEPSTAKES, CONTESTS, RAFFLES AND SIMILAR PROMOTIONS
In addition to the terms and conditions of these Terms, any sweepstakes, contests, raffles or similar promotions (collectively "Contests") made available through the Site may be governed by Service-specific Rules that are separate from these Terms. By participating in any such Contest, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Instructables urges you to review the Service-specific Rules applicable to a particular Contest, which will be linked from or to such Contest, and to review the Privacy Policy located at http://usa.autodesk.com/privacy/ which, in addition to these Terms, governs any information you submit in connection with such activities. Notwithstanding anything to the contrary, to the extent that the terms and conditions of such Site-Specific Rules conflict with these Terms, the terms and conditions of such Service-specific Rules shall control.
13. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of the Site, or any use of the Site or any access to the Site (or any Service).
14. GENERAL PRACTICES REGARDING USE AND STORAGE
Instructables may post Site-specific Rules which establish general practices and limits concerning use of Services on the Site, such as, for example, the rules which govern participation in a particular Contest. While Instructables will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Instructables has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. Instructables reserves the right to mark as “inactive” and archive Instructables accounts and/or Content that are inactive for an extended period of time. Instructables reserves the right to change these general practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
15. TERMINATION
You agree that Instructables, in its sole discretion, may terminate your access to the Site or any Service or your account, and remove and discard any Content within the Site, for any reason, including the lack of use, or if Instructables believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any contracts, verbal or written or assumed, in conjunction with your deleted account, Content and all its parts, at Instructables’s discretion, will be terminated as well. Instructables may also, in its sole discretion and at any time, discontinue providing the Site, any Service or any part(s) thereof, with or without notice. You agree that any termination of your access to the Site or any Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Instructables may immediately deactivate or delete your Instructables account and all related information and files. Instructables reserves the right to bar any further access to such files or the Site. You agree that Instructables shall not be liable to you or any third party for any termination of your access to or use of the Site or any Service. Paid accounts that are terminated will not be refunded. All provisions of these Terms which by their nature survive termination of a user’s use and access to the Site shall remain intact and remain applicable to user and Instructables including your indemnity obligation pursuant to Section 18 below.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Instructables shall not be responsible or liable in any way, including for any loss, injury or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
17. LINKS
The links in the Site will let you leave the Site and these linked websites (“Linked Websites”) are not under the control of Instructables or of any of its affiliated, related, subsidiary and parent entities (each an “Affiliate”). Neither Instructables nor its Affiliates are responsible for, among other things:
a. the resources thereon (including any content, functionalities information, data, advertising, products or other materials or services, collectively “Resources”) of any third party websites including any Linked Websites;
b. any changes or updates to any such Linked Websites; or
c. webcasting, messaging or other form of transmission received from or Content viewed on any Linked Website.
Instructables is providing these Linked Websites to you only as a convenience and the inclusion of any link does not directly or indirectly imply endorsement by Instructables or any Affiliates of any Linked Websites or of any Resources thereon. You agree that your use of any and all third party websites, including any Linked Websites, and/or their Resources is at your own risk and is subject to the privacy policies and the terms and conditions of use applicable to such websites, including any Linked Websites, and/or to their Resources.
18. INDEMNITY
You hereby agree to indemnify, defend and hold harmless Instructables, each Affiliate and its and their respective suppliers, partners, joint venturers, licensors and/or licensees and its and their respective employees, officers, directors, shareholders, affiliates, agents, representatives (each an “Indemnitee”) from and against any and all claims, damages, costs, liabilities, and attorneys' fees arising out of or relating to your acts or omissions relating to these Terms (in whole or in part), the Site, any Linked Websites, any Service and/or any access to, submission, posting or transmission or receipt of any Content, other Materials, or Resources. Without limitation, you shall defend or settle at your sole expense any claim or suit, including any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against Instructables and/or to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, Content, other Materials, or Service provided or made available by you, or the use thereof, may infringe the rights of any person, firm or entity, including any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials, or violate moral or artist’s rights, and/or any rights of publicity and/or privacy; (2) any breach by you of your obligations under these Terms; (3) your unlawful and/or unauthorized use of, or activities in connection with this Site, any Service, Content, other Materials, Resources and/or products provided on or through the Site or any Service; and (4) any submission provided by you.
19. DISCLAIMER OF WARRANTIES
WITHOUT LIMITATION, INSTRUCTABLES DISCLAIMS ANY RESPONSIBILITY FOR CONTENT SUBMITTED BY USERS ON OR THROUGH ANY AREA OF THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE AND ANY SERVICE IS AT YOUR SOLE RISK. THE SITE AND ALL SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Instructables EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
b. WITHOUT LIMITATION, INSTRUCTABLES MAKES NO WARRANTY THAT (i) THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR ANY SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN SOFTWARE OR FUNCTIONALITIES OR CONTENT WILL BE CORRECTED;
c. ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED FROM OR THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR OTHER MATERIALS;
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSTRUCTABLES OR THROUGH OR FROM THE SITE OR ANY SERVICE OR FROM ANY LINKED SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS;
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE OR ANY SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE OR SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE OR ANY SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS;
f. AS NOTED ABOVE, INSTRUCTABLES DOES NOT AND CANNOT CONTROL THE ACTIONS OF SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY SERVICE. OPERATION OF THE SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED, TEMPORARY AND/OR EMERGENCY MAINTENANCE WORK MAY INTERRUPT SERVICES OR ACCESS TO THE SITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY INSTRUCTABLES OR ANY OTHER INDEMNITEE.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INSTRUCTABLES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INSTRUCTABLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR ANY SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR ANY SERVICE.
OUR AGGREGATE LIABILITY, AND THE LIABILITY OF THE OTHER INDEMNITEES, IF ANY, TO YOU OR ANY AND ALL THIRD PARTY(IES) IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF $100 OR THE AMOUNT, IF ANY, PAID TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
21. RELEASE
In the event that you have a dispute with one or more Site users, you release Instructables (and all other Indemnitees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you hereby expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
22. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Site and all Services. Without limitation, you agree to comply with all applicable laws, rules and regulations regarding the transmission of technical data exported from the U.S. or the country in which you reside.
23. NO AGENCY
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Instructables (or any Affiliate) and you or other person or entity, nor do these Terms extend rights to any third party except as expressly provided in these Terms.
24. NO THIRD PARTY BENEFICIARIES
You agree that, except Instructables’s Affiliates and Indemnitees and as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
25. INSTRUCTABLES PROPRIETARY RIGHTS
You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Site or advertisers as well as any Services may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and other applicable laws, rules and regulations. Subject to your compliance with these Terms, solely for so long as you are permitted by Instructables to access and use the Site, and provided that you keep intact all copyright and other proprietary notices, you may (a) view any Content on the site to which we provide you access hereunder on any single computer solely for personal, informational, non-commercial purposes, and (b) download and print one (1) copy of Materials that we make available for downloading from the Site (“Documents”) solely for personal, informational, non-commercial purposes, provided that the Documents may not be modified or altered in any way. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based on (whether in whole or in part) the Site, any Service or any information from or Content on the Site or any Service, in whole or in part, without the express prior written authorization of Instructables (for our Content) or of the applicable Author (for that Author’s Content). No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted in writing by Instructables. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Instructables’s or any Affiliates’ or any Indemnitee’s trade names, trademarks or Service marks without Instructables’s express prior written consent.
26. SUBMISSION OF UNSOLICITED IDEAS AND INFORMATION
We regret that Instructables does not accept or consider unsolicited or unauthorized ideas, including ideas for new promotions, new or improved products or services, product enhancements, processes, materials, marketing plans or new product names (collectively “Submissions”). Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form to Instructables or any other Indemnitee, except as specifically authorized in writing by Instructables (e.g., in compliance with the official rules of a Contest). The purpose of this policy is to avoid potential misunderstandings or disputes when Instructables’s products or marketing strategies might seem similar to ideas submitted to Instructables. Without limitation, you acknowledge and agree that Instructables reserves the right (but has no obligation) to do one or more of the following in Instructables’s discretion, without notice or attribution to you: (i) monitor Submissions as well as access to the Site; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Instructables, any other Indemnitee and/or the Site's users, including you; to comply with legal obligations or governmental requests; to enforce any of these Terms; or for any other lawful reason or purpose.
27. TRADEMARK INFORMATION
Instructables, Instructables.com, the Instructables logo and other Instructables trademarks, service marks, and product and service names are trademarks of Instructables or of its Affiliates in the U.S. and other jurisdictions (collectively the “Instructables Marks”). All other copyrightable materials, names and designs provided by Instructables (as opposed to Site users and third parties) may be the copyrights, trademarks or other intellectual property of their respective owners or licensors. Without Instructables’s prior written consent in each instance, you agree not to display or use in any manner, the Instructables Marks.
28. COPYRIGHTS
Instructables respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe in good faith that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
a. identification of the copyrighted work that you claim has been infringed;
b. the electronic or physical signature of the owner or licensor of the copyright or the person authorized to act on the owner's or licensor’s behalf;
c. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Instructables to locate the material;
d. your name, address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If Instructables receives such a claim, Instructables reserves the right to refuse or delete Content and/or or to terminate your account in accordance with these Terms. Instructables’s designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 (“DMCA”) is:
Copyright Agent
Autodesk, Inc.
111 McInnis Parkway
San Rafael, CA 94903
Email: copyrightagent@autodesk.com
Tel: (415) 507-5000
Fax: (415) 507-6128
You may provide us with a Counter Notification by providing our copyright agent the following information in writing:
a. your physical or electronic signature;
b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Instructables may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Upon receipt of a proper counter notification under the DMCA, Instructables will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten business days. Additionally, Instructables will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Instructables's Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Site or the system or network from which the Site is provided.
29. NOTICES
Notices to Instructables under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier Service or by certified or registered mail, return receipt requested, to: a. for legal notices: Instructables/Legal Notices, Attention: Legal Department, 111 McInnis Parkway, San Rafael, California 94903; or b. For all other notices: Instructables Support One Market Street, Second Floor, San Francisco, California 94105. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Instructables's sole discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
30. GENERAL
a. Entire Agreement. These Terms constitutes the entire agreement between you and Instructables and governs your use of the Site, superseding any prior agreements between you and Instructables with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain Services or Content or products provided by or through the Site, any Affiliate’s website, or through products or services or other third party Content, products or services including software.
b. Assignment. You may not assign these terms or delegate any obligation hereunder, in whole or in part, voluntarily or involuntarily, by operation of law, or in any other manner, without Instructables’ s prior written consent (which may be given or withheld for any reason or no reason) and any purported assignment or delegation by you in violation of the above is void. Without limitation, you agree (on behalf of yourself and anyone claiming rights through you or on your behalf) that your Instructables account is non-transferable, non-assignable and non-descendable, and any rights to your Instructables I.D. or the contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
c. Choice of Law and Forum. You agree to the non-exclusive jurisdiction of an appropriate state court in Marin Country, California, or an appropriate federal court located in San Francisco, California for any action or proceeding arising out of or related to these Terms, and, except to the extent expressly provided in this sub-Section 30.c., any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site shall be governed by and construed in accordance with the laws of the State of California in the United States without regard to applicable conflict of law provisions. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods. If (i) you do not have an existing contractual relationship with Instructables; (ii) you are not a U.S. citizen; (iii) you do not reside in the United States; (iv) you are not accessing this Site from the United States; (v) the dispute between you and us is unrelated to your access to or use of the U.S. version of the Site and (vi) you are the citizen of a European Union country who is using the Site for purposes other than for your trade, business or profession, you hereby agree that any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site shall be governed by and construed in accordance with the laws of England and Wales, without regarding to applicable conflict of law provisions. Nothing herein shall be deemed to constitute consent by Instructables to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder (other than an appropriate state court in Marin County, California, or an appropriate federal court located in San Francisco, California).
d. Waiver and Severability of Terms. The failure of Instructables to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
e. Headings and Terminology. The section titles in these Terms are for convenience only and have no legal or contractual effect. The term “including,” as used anywhere in these Terms, means “including, without limitation.”
31. REPORTING VIOLATIONS
Please report any violations of these Terms to the Instructables Support Manager at tos@instructables.com.
Last Updated February 1, 2012