HomemadeTools.net Terms of Service
Welcome to HomemadeTools.net. HomemadeTools.net is an online service and community forum dedicated to sharing information about homemade tools and creating a community for enthusiasts of homemade tools to share ideas and information. HomemadeTools.net lets you share and view information on forums dedicated to homemade tools as well as view information about homemade tools, on www.homemadetools.net (the "Site"). We call the services, features, and functionalities available on the Site the "Service(s)".
1. Sharing Your Content
Your content. The Site allows you to make comments, upload and post photos, videos, images, documents and other specified media, and participate in forums and discussions on the Site. Anything that you post, display, or otherwise make available on the Site, including all Intellectual Property Rights (defined below) in such content, is referred to as "User Content." You retain all of your rights in all of the User Content you post to the Site.
How the Site and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Content on the Site for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict our rights under separate licenses to User Content. Please remember that the Site and Service are a public platform, and that other Users may search for, see, and use any User Content that you make publicly available through the Service.
How long User Content is available: User Content that you upload to the Site will remain publicly available indefinitely following termination or deactivation of your account unless you remove your User Content from the Site yourself as allowed by the Service.
Your responsibility for your content:
To the Site and our community. The Site provides a community in which you can discover and share information about subjects, topics, products, or services that interest you. To keep it that way, we ask that you review and agree to abide by our Acceptable Use Policy. We reserve the right, but are not obligated, to remove User Content from the Site or Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy. Please - be a good citizen on the Site, and always respect our Service and its Users.
To third parties. the Site values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Site does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Site for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service.
Definition of Intellectual Property Rights. When we refer to "Intellectual Property Rights" in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
Feedback you provide: We value hearing from our Users, and are always interested in learning about ways we can make the Site better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place the Site under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, the Site does not waive any rights to use similar or related Feedback previously known to the Site, or developed by its employees, or obtained from sources other than you.
2. Our Content
Our Content. Except for User Content, the Site itself, all content and other subject matter included on or within the Site, and all Intellectual Property Rights in or related to the Site or any such content or other subject matter ("Our Content") are the property of us and our licensors, partners, or other third parties. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Our Content without our permission.
Our license to you. Subject to the terms and conditions of these Terms and our Acceptable Usage Policy, we grant you a license to use the Site, including accessing and viewing Our Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Service. We may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, we reserve all other rights and no other rights are granted by implication or otherwise.
3. Copyright Policy
We have adopted and implemented the HomemadeTools.net Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
4. Using the Site
Who can use the Site. You may use the Site only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. This Site is not intended for use by children under thirteen (13) years of age, and Buildthreads Inc. does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Buildthreads Inc. may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Buildthreads Inc. may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions. Because we respect the HomemadeTools.net community, the Service is not available to any Users previously removed from the Service by HomemadeTools.net.
Terminating your account. You may delete your account at any time by sending an email to . We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Acceptable Use Policy or these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by Sections 1b (How the Site and other users can use your content), 1c (How long we keep your content), 1e (Feedback you provide), 1f (Definition of Intellectual Property Rights), 2 (Our Content), 3 (Copyright Policy), 4 (Terminating your account), 4 (Your interactions with other Users), and 6 through 12 (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the "How long we keep your content" section above.
Your responsibility for your account. When you create your account for the Site, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify us of any compromise of your credentials you become aware of and any unauthorized use of your account.
Changes to the Service. We may, without prior notice, change the Site or the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We have no liability for your interactions with other Users, or for any User's action or inaction. Please help to make the Site a positive and respectful community.
5. Privacy and Security
6. Third-party Links, Sites and Services
You agree to and shall defend, indemnify and hold harmless us and our officers, directors, employees and agents, from and against any claims, suits, causes of action, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Site, the Services or Our Content, (ii) your User Content, or (iii) your breach of any of these Terms.
THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES AND SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We take no responsibility and assume no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS' online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Some information available on the Site may be subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, OUR CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER Buildthreads, Inc. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, OUR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR OUR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Buildthreads, Inc. AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
10. Arbitration and Governing Law:
For any dispute you have with us, you agree to first contact us at and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and we agree otherwise, the arbitration will be conducted in Boulder county, Colorado. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law. You agree that: (i) the Site and Service shall be deemed solely based in Colorado; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Colorado. These Terms shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Boulder County, Colorado or the United States District Court for Colorado, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
12. General Terms
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service and the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact. Please contact us at with any questions regarding these Terms.
These Terms were last modified on October 23, 2012.