Buildeey

Terms of Use Agreement

This terms of use agreement ("agreement") constitutes a legally binding contract between buildeey.com (the "website"), a community content website operated by Buildeey and its affiliates. ("buildeey.com," "we," "us," "our") and you with respect to your use of the website, applications, and the products and services offered by Buildeey through them (collectively, the “site”).

It is important that you carefully read and understand the terms and conditions of this agreement.

By using the site, you agree to be bound by this agreement. If you do not agree to these terms and conditions, you should not use this site.

This agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

Buildeey.com Propriety Rights

1. You agree that Buildeey and its affiliate (any other affiliates, as the case may be) is the owner and/or the licensee of all intellectual property rights on the website, and the website itself is a collective work and/or compilation solely owned by Buildeey
2. The website is protected by copyright laws and treaties around the world
3. You may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense, and encumber any aspect of the website or any contents
4. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the website or any software or database connected to the website

Changes to the Site or Terms

We reserve the right at any time to:

1. Change the terms and conditions of this agreement, consistent with applicable law
2. Change the site, including eliminating or discontinuing any information or services (defined below) or other features in whole or in part
3. Deny or terminate your use of and/or access to the site

Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the site, and posting notice of such changes on the site or in another manner in our reasonable discretion.

You agree that your continued use of the site after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this agreement, you should not use the site.

Be sure to return to this page periodically to ensure your familiarity with the most current version of this agreement.

Eligibility

By registering with or using this site, you represent, acknowledge and agree that you are at least the age of majority where you reside. Regardless of the age of majority where you live, if you are not at least 13 years old, you may not use the site.

Registration

Access to certain functionalities of the site will require you to register with and/or provide certain information to Buildeey.com. If and when you register with or provide information to the website, you agree to:

Provide accurate, current and complete information about yourself as prompted (including your email address)

Maintain and update your information (including your email address) to keep it accurate, current and complete.

Professional Profiles

Service professionals may elect to register as a professional and create a professional profile on Buildeey.com. Subject to the terms of this agreement, such users can use the features made available by Buildeey.com to promote their business on the site.

Privacy Policy

You acknowledge and agree that any personal information provided by you through registration or collected by us in connection with your use of the site or any services will be treated in the manner described in our privacy policy. Our privacy policy is incorporated into this agreement, and you agree to its terms.

Your Permitted Use Of Services And Information

The services made available on the site (collectively the "services"), as well as any information provided through the site (collectively, the "information"), are provided for your personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted in this agreement.

No Buildeey.com materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted in this agreement.

Buildeey.com’s permission to you for your use of this site expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data-gathering and extraction tools in your use of the site.

Buildeey.com permits you to view and print a reasonable number of copies of web pages located on the site for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that:

You retain all trademark, copyright, and other proprietary notices contained in the original materials

You provide attribution to Buildeey.com

The material is printed in its entirety without modification, reformatting or adaptation of any kind

Any such copies are subject to the terms and conditions of this agreement and remain the property of Buildeey.com.

You understand and agree that you may not authorize any information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the information.

You agree to advise Buildeey.com promptly of any such unauthorized use of which you are aware.

Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of buildeey.com or others.

Postings and Other Submissions

Further, to the extent permitted by applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted or provided by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any content posted by you to or through this site.

Buildeey.com acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the content, subject to the non-exclusive rights granted to buildeey.com in the paragraph above and that no ownership of such copyrights is transferred to buildeey.com under these terms.

Further, with respect to content in the form of photos, and subject to Buildeey.com’s product and user experience considerations:

1. Buildeey.com will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you
2. Buildeey.com will not license or sublicense to third parties individual photo content or collections of photo content submitted by you, except in each case for Buildeey business purposes. "Buildeey business purposes" means any use in connection with a Buildeey-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the site, the services, the information, buildeey.com, or its affiliates.

By posting or providing any content on the site, you represent and warrant to buildeey.com that you own or have the right to use and permit us to use and license such content in the manner stated in this agreement.

By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person (or such person’s parent/legal guardian if applicable) appearing in the photograph to use their image and permit us to use and license it as stated in this agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this agreement.

By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this agreement.

Buildeey.com may enable you to post ratings or reviews of vendors, service providers and/or their products or services on the site (your "reviews").

Reviews are considered content. You may not post any reviews about a vendor, service provider or any of their products or services if you are:

1. An employee, contractor, officer or director of the vendor and/or service provider
2. An employee, contractor, officer or director of a competitor of the vendor and/or service provider
3. Related to the vendor and/or service provider in any way, including by blood, adoption or marriage

By posting a review, you acknowledge and agree that such content is:          

1. Based on your first-hand experience with the vendor, service provider or product or service that is the subject of the review
2. Accurate, truthful and complete
3. Not defamatory, trade libelous

You agree not to post or provide any content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person (or such person’s parent/legal guardian, if applicable).

If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees, and sublicenses, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice, and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason, except as required by the applicable law.

You further agree that we may use the posted or provided content in any manner that we deem appropriate or necessary.

We reserve the right to edit or abridge any content for any reason and to edit, refuse to post or remove any content submitted by you or others.

We do not guarantee that we will post all content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any content for any reason, we have no obligation to delete content that you personally may find objectionable or offensive. We do not control in real time the content posted via the services and as such do not guarantee the accuracy, integrity or quality of such content.

In addition to other disclaimers found in this agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the site.

Products and Services

You may be provided the opportunity on the site or through the services to purchase products or services that are offered, sold or manufactured by third parties (collectively "products"). Such products may be available for purchase directly from third parties or from Buildeey.com.

The availability of any products on the site does not imply our endorsement of the products.

Reviews are solely the opinions of the users that post them. None of the reviews contain or reflect any opinions or views of Buildeey.com.

We do not represent, warrant or guarantee that the product descriptions are accurate, complete, reliable, current, or error-free. If a product bought directly from buildeey.com is not as described, then your sole remedy is to return it in unused condition.

Feedback

We welcome your feedback and suggestions about how to improve Buildeey.com.

Feel free to submit your feedback by sending an email to info@buildeey.com

By submitting your feedback in this or another manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

Term and Termination

This agreement is effective from the date that you first access the site or submit any information to buildeey.com, whichever is earlier and shall remain effective until terminated in accordance with its terms.

Certain violations of this agreement, as determined by buildeey.com, may result in immediate termination of this agreement, and/or your access to and use of the site, without prior notice.

This agreement will also terminate automatically if you fail to comply with any term or provision of this agreement.

Upon termination of this agreement by either party, your right to use the site shall immediately cease, and you shall destroy all copies of information that you have obtained from the site, whether made under the terms of this agreement or otherwise.

All disclaimers, limitations of liability, indemnities, Buildeey.com’s rights of ownership, and licenses to Buildeey.com shall survive any termination.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the site, or any part or portion thereof, with or without notice to you.

You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site, or any part of portion thereof.

Nothing in this agreement shall be construed to obligate buildeey.com to maintain and support the site, or any part or portion thereof, during the term of this agreement.

Disclaimers And Limitations Of Liability

Please read this section carefully since it limits the liability of Buildeey.com entities to you.

“BUILDEEY.COM ENTITIES” MEANS BUILDEEY, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

1. WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BUILDEEY.COM ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
2. BUILDEEY.COM ENTITIES MAKE NO PROMISES WITH RESPECT TO AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR:
3. CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE
4. THE PRODUCT DESCRIPTIONS OR PRODUCTS
5. THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE
6. PLANTS OR SEEDS FROM THE EXCHANGES
7. THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE
8. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDEEY.COM ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT BUILDEEY.COM ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.

Indemnification

You agree to fully indemnify, defend, and hold Buildeey.com, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from:

1. Your breach of this agreement
2. Any allegation that any materials you submit to us or transmit to the site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party
3. Your activities in connection with the site or other websites to which the site is linked
4. Your negligent or willful misconduct