Terms of Service
Thank you for your interest in YardKit.com (“YardKit,” “us” or “we”) and our services made available through the websites (the “Website” or the “Site”) and the online applications and tools (collectively, the “Apps,” together with the Site, the “Service”). The following Terms of Service are a legally binding contract between you and YardKit regarding your use of the Service.
YardKit.com is owned and operated by YardKit, Inc, a corporation organized and existing pursuant to the laws of the State of Delaware.
Please read the following Terms of Service (“Terms”) carefully before accessing or using any of the Service. Each time you access or use the Service, you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, you may not access or use the Service. In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
End User License Agreement
This End User License Agreement and Terms of Service (the “EULA”) is a binding contract between you and YardKit, governing your use of YardKit Site, Apps, and Service. BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
Summary of Material Terms
As provided in greater detail in the EULA (and without limiting the express language of the EULA), you acknowledge the following:
the App, Website, and Service is provided “as is” without warranties of any kind and YardKit’s liability to you is limited;
disputes arising hereunder will be resolved by binding arbitration.
The Service is a platform enabling people seeking exterior design services (“Clients”) to get a custom exterior design, including one final design concept plan, and one revision of the final design rendering based on user comments (Clients are “Users”).
Third Party Fees. You may incur third party fees through use of the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third party terms, through your use of the Service, such as your Carrier’s terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
Changes to the EULA. We may revise the EULA at any time by posting an updated version You should visit this page periodically to review the most current EULA, because you are bound by it Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.
Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA on behalf of such Subscribing Entity.
Children. You must be at least eighteen (18) years of age to use the Service. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age, (ii) that you have not previously been suspended or removed from the Service, and (iii) that your registration and your use of the Service are in compliance with any and all applicable laws and regulations.
Each user of the Services will receive design recommendations based on the questionnaire, pictures, videos or other material submitted by the user. Design is inherently subjective, however, and you agree that YardKit cannot and does not warrant or guarantee your satisfaction with design services and/or ideas you receive on the YardKit Site. Notwithstanding the foregoing, YardKit will take such reasonable steps, in Decorist’s sole discretion, to ensure your satisfaction, including but not limited to those measures set forth in our Refund Policy. This offer is valid for three (3) months from purchase date. Should you need more time in starting your project, please contact us at firstname.lastname@example.org.
While YardKit has made every effort to portray recommended products and their colors and materials in the most accurate way on the Website, the displayed colors of the products will depend upon the monitor of the user and cannot be guaranteed by YardKit as an accurate portrayal of the actual color or material of the product. We also make best efforts to estimate the scale of your space based on photos provided, but can’t guarantee that all recommended products will fit your space. Customers are required to measure their space to ensure that items fit prior to purchasing.
YARDKIT DOES NOT GUARANTEE OR WARRANTY ANY OF THE PRODUCTS OR MERCHANDISE PURCHASED BY YOU THROUGH THE USE OF OUR SERVICES OR THOSE SERVICES OF A SERVICE PROVIDER. YOUR ONLY RECOURSE OR REMEDY FOR GUARANTEE OR WARRANTY CLAIMS IS DIRECTLY WITH THE MANUFACTURER OR PRODUCER OF THE MERCHANDISE.
There is no guarantee that the materials, furniture, and fixtures recommended by YardKit will be available for purchase at all or within a specific time frame defined by the customer in their questionnaire. If prices or costs are provided, there is no guarantee that the customer will find the prices or costs when they pay for installation work.
Scope of License to Users
License Grant to You. The Service is licensed, not sold, to you for use only under the terms of the EULA Subject to your complete and ongoing compliance with the terms and conditions of the EULA, YardKit hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website and the App, in both instances solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act.
License Limitations. You may not modify, alter, reproduce, or distribute the website. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
Applicability to Updates The terms of the EULA will govern any updates provided to you by YardKit that replace and/or supplement the Website or App, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
Registration and Eligibility
Account Types and Registration Anyone may browse the public-facing pages of the Service and take the style profile, but to start the custom design plan, the client must register.
Client. To become a YardKit Design Client, you must provide your address, email address, name, and password. You will also take a user survey, provide us photos of your space, and provide us additional information about your property, and project. You will also be afforded the opportunity to have a dialogue with YardKit facilitators and designers. YardKit will then provide you suggestions for the agreed upon exterior space as well as materials and fixtures guidance according to your service package selected.
Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify YardKit by e-mail to hello@YardKit.com. You will be solely responsible for the losses incurred by YardKit and others due to any unauthorized use of your account.
Content You Submit; License Grants from You. Your Content. If you are a Client, you may be able to create, post, or share content, such as pictures of your space, floor plans and household objects (“Client Content”). YardKit claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the EULA, (ii) the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content is non-confidential and non-proprietary.
Fees. The fee (the “Fee”) to be charged to Clients for each Custom Area Design will be set forth in the Service. The Fee is due and payable in advance of Client’s design or product recommendation process.
Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars.
Taxes. Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on YardKit’s income on the design service Fee. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
Refunds. The Service will offer any Client a full refund at YardKit’s discretion. You may request specific remedies to correct the situation by emailing hello@YardKit.com. The refund is limited to the amount paid for the service.
Third Party Purchases. A Client may wish to purchase items from third parties through the YardKit service. YardKit will collect the cost of the material, fixture, or furniture in advance of placing orders with the third party for the purchase. All Third Party terms and conditions apply to these purchases, including return policies and shipping costs.
Sending Messages Through the Service
Users may message each other through the Service or affiliated websites. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). YardKit will utilize any means possible to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at hello@YardKit.com.
Additional Services From YardKit
Installation. The Service will not provide installation of design concept plans (“Installation”). To facilitate Installation, YardKit may provide third party contractors personal information to identify location and costs.
Third Party Materials; YardKit Content
You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials”), and data, information, applications, materials and other content from YardKit (collectively, “YardKit Content” and, together with Third Party Materials, but excluding Your Content, “Service Content”), that may be offensive, indecent, or objectionable Nevertheless, you agree to use the Service at your sole risk and that YardKit shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
In addition, third-party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries YardKit makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
Your Use of the Service and Service Content
Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
a) You may access the Service solely as intended through the provided functionality of the Service and as permitted under the EULA.
b) You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without YardKit’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without YardKit’s express written consent:
i) altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
ii) using any trade marks, service marks, design marks, logos, photographs or other content belonging to YardKit or obtained from the Service.
You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the App designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by YardKit.
You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent YardKit makes available the means for embedding any part of the Service or Service Content.
You agree not to access, tamper with, or use non-public areas of the Service, YardKit’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of YardKit’s providers.
You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including YardKit’s employees and other users.
You agree not to provide any false personal information to YardKit or any other user, or create a false identify or impersonate another person or entity in any way.
You agree not to create a new account with YardKit, without YardKit’s express written consent, if YardKit has previously disabled an account of yours.
You agree not to solicit, or attempt to solicit, personal information from other users.
You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
You agree not to use the Service, without YardKit’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the EULA.
You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
You agree not to violate any applicable federal, state or local laws or regulations or the EULA.
You agree not to assist or permit any persons in engaging in any of the activities described above.
Third Party Software
The Website and App consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”), as described in more detail in Section 26 Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of the EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in the EULA is intended to impose further restrictions on your use of the Third Party Software.
Consent to Use of Data
The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of YardKit and its licensors Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise.
We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
own, exclusively, all now known or later discovered rights to the Creative Ideas;
not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Consequences of Violating These Terms
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion We reserve the right to refuse to provide the Service to you in the future YardKit may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the EULA and your use of the Service.
Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service This includes disputes between Clients and Designers. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release YardKit of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. If you participate in an Installation, you are solely responsible for your interactions with other Users. You understand that YardKit does not currently conduct background checks, including criminal background checks, on its Users. YardKit makes no representations or warranties as to the conduct of Users. IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS OBTAINED THROUGH THE SERVICE ALL USERS, INCLUDING CLIENTS AND DESIGNERS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Service.
The EULA is effective until terminated by you or YardKit Your rights under the EULA will terminate automatically without notice from YardKit if you fail to comply with any term(s) of the EULA (including by violating any license restriction provided herein). You may terminate the EULA by uninstalling the App Upon any termination of the EULA, you must immediately cease all use of the Service. If you are a Designer and terminate your account before you have completely delivered the Design Package, you may not be allowed to use the Service in the future.
“Released Parties” include YardKit and its affiliates, officers, employees, agents, partners, and licensors. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU 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 YARDKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A), IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO YARDKIT (B) IF YOU ARE A DESIGNER, THE FEES PAID BY YARDKIT TO YOU, AND (C) $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any YardKit Content or Designs, or (iii) your breach of the EULA We will provide notice to you promptly of any such claim, suit, or proceeding.
Third Party Disputes
YARDKIT IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send YardKit a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow YardKit to locate the material on the Service;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send YardKit a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details Notices and counter-notices with respect to the Service should be sent to 600 California Street, San Francisco, CA (hello@YardKit.com) Consult your legal advisor and see 17 U.S.C. ¤512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
The EULA and the relationship between you and YardKit will be governed by the laws of the State of California without regard to its conflict of law provisions You and YardKit agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association Any such arbitration, to the extent necessary, shall be conducted in Los Angeles County in the State of California You covenant not to sue YardKit in any other forum.
You also acknowledge and understand that with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or the EULA:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.]
Assignment. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of YardKit. YardKit may assign the EULA, including all its rights hereunder, without restriction.
Survival. The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Sections 2 (General), 5 (Content You Submit; License Grants from You), 11 (Your Use of the Service and Service Content), 12 (Third Party Software), 13 (Consent to Use of Data), 14 (Ownership), 15 (Feedback), 17 (YardKit’s Liability), 18 (Termination), 19 (Disclaimer), 20 (Limitation of Liability), 21 (Indemnity), 21 (Third Party Disputes), 23 (Copyright Policy), 24 (Dispute Resolution), and 25 (Miscellaneous).
Contacting YardKit. You may contact YardKit, Inc. by e-mail at hello@YardKit.com, or by U.S. Post at YardKit, Inc., 600 California Street, 11th Floor, San Francisco, CA 94109.