Please read this document carefully. YOU ARE ABOUT TO ENTER INTO A LEGALLY BINDING CONTRACT. Any references to "you" or "your" refer to both you and any person on whose behalf you act, if any. Your use of DeviceKnit is subject at all times to these TOS, our Privacy Policy, and any other applicable documents that you agree to. You represent that you have read and understood these TOS.
Each time you use or access our web site and service at deviceknit.com ("Site"), you agree to be bound by these TOS. You may not access the DeviceKnit Site, register an account, create new goals, add devices to our catalog, or add knits to the Site unless you agree to the terms contained herein. If you do not agree to, or cannot comply with, these TOS, then you are not authorized to use or access our Site.
ACCESS TO THE SITE IS INTENDED ONLY FOR PERSONS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. BY ACCESSING THE SITE, YOU REPRESENT THAT YOU ARE AN ADULT AND THAT YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TOS AND PRIVACY POLICY.
DEVICEKNIT CAN REVISE THESE TERMS AND/OR OUR PRIVACY POLICY AT ANY TIME WITH OR WITHOUT NOTICE BY UPDATING THIS POSTING. BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THE THEN-CURRENT TOS AND/OR PRIVACY POLICY, AS APPLICABLE.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these TOS. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the TOS, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written comments, information, data, text, photographs, software, scripts, graphics and interactive features generated, provided, or otherwise made accessible by DeviceKnit or its partners on or through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
(o)infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
(o)you know is false, misleading, untruthful or inaccurate;
(o)is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgur, pornographic, offensive, profane, or otherwise inappropriate as determined by DeviceKnit in its sole discretion;
(o)constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
(o)involves commercial activities and/or sales without DeviceKnit's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(o)contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of DeviceKnit or any third party; or
(o)impersonates any person or entity, including any employee or representative of DeviceKnit.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by DeviceKnit in its sole discretion) an unreasonable or disproportionately large load on DeviceKnit's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures DeviceKnit may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
DeviceKnit does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. DeviceKnit has no obligation to monitor the Site, Service, Content, or User Submissions. However, DeviceKnit reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if DeviceKnit is concerned that you may have violated the TOS), or for no reason at all and (ii) to remove or block any User Submissions from the Service.
Users Submissions
The Service provides you with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") certain written content, videos, audio clips, photographs, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, you:
(o)acknowledge that you are publishing that User Submission, and that you may be identified publicly by your username in association with any such User Submission;
(o)hereby do and shall grant DeviceKnit a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and DeviceKnit's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to DeviceKnit does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
(o)represent and warrant, and can demonstrate to DeviceKnit's full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these TOS and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information as contemplated by these TOS; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to DeviceKnit and all users of the Service;
(o)agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
(o)represent and warrant that the use or other exploitation of such User Submissions by DeviceKnit and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
(o)understand that DeviceKnit shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that DeviceKnit will not be liable for any errors or omissions in any content; and that DeviceKnit cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
DeviceKnit does not endorse and has no control over any User Submission. DeviceKnit cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
By using the Service or the Site you agree that you are solely responsible, at all times, for complying with all terms and conditions of use provided by the relevant manufacturer or developer of each hardware or software component in your inventory maintained on the Site, that is the subject of a goal or knit on the Site, or that is otherwise used in connection with the Service.
DeviceKnit is a new Service and you will be among its first users. By agreeing to these TOS and gaining access to DeviceKnit, you agree to participate in the testing of the Site and certain Service features ("Beta Test"). Your participation as a Beta Tester is subject to the following terms:
As a Beta Tester, you are invited to use our Site for the sole purpose of evaluating the Content and identifying errors. Nothing in these TOS or through the Site shall be construed as granting you any rights or privileges of any kind with respect to the Beta Test or Content that you find here. The Beta Test is provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.
By using the Service during the Beta Period, you agree that: (i) testing our Service is at your own risk and that you know the Service may include known or unknown bugs, (ii) DeviceKnit has no obligation to make any Content available for use without charge for any period of time, nor to make them available at all, (iii) Content or certain features may be available by subscription or other fees once the testing process is complete or at any time in the future; (iv) these TOS applies to your use of the Content during the testing phase.
If you accept our TOS as a Beta Tester, it is understood and agreed that your participation in the Beta Test is voluntary and that your relationship with DeviceKnit will be that of an independent tester and nothing in these TOS shall be construed to create a partnership, joint venture, or employer-employee relationship (even if you are an employee of DeviceKnit or Affiliates for other purposes). You agree that you will use your own equipment and participate in the Beta Test at your own premises.
Unless otherwise indicated, all Content on our Site is owned or controlled by DeviceKnit, which retains ownership of all right, title, and interest in and to the Content, including without limitation the copyrights, trademarks, service marks and all intellectual property rights. You only receive a license to access our Content, and retain no ownership rights.
The Service and the Content are protected by copyright and trademark laws of both the United States and other countries, international conventions and other applicable laws. In no event shall you use the Content in any commercial or public manner, including without limitation any public exhibition, and you shall not download, reproduce, transmit, distribute or circulate the Service or the Content or any portion thereof without the prior written permission of DeviceKnit.
This policy does not extend to any Content provided by our Site partners. Content on our Site provided by our partners is used by us with permission, and our partners retain ownership to all right, title and interest to their Content. Content on our Site that is not the direct property of DeviceKnit can only be displayed or reproduced with the express consent of the copyright holder.
You further agree not to interrupt, or attempt to interrupt, the operation of the Service in any way, nor shall you take any actions that disable, damage or impair the Service's control or security systems, including without limitation by hacking, de-compiling, disassembling or reverse-engineering the Service or the Content.
You may not reverse engineer, disassemble, decompile or attempt to reverse engineer or derive source code from, all or any portion of our Site or Service, or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered "Fair Use" under Federal Copyright law, and you hereby agree to waive any claims of "Fair Use" as a defense for any reverse engineering, including any claims that such reverse engineering is being done for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to the Site as that term is defined under 18 U.S.C. Sec. 1030.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of DeviceKnit, its employees, licensors, independent contractors, providers, vendors, and affiliates (collectively, "Affiliates") without the prior written permission of DeviceKnit or its relevant Affiliate.
This Site may include links to other internet sites. DeviceKnit does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, DeviceKnit makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk. You are responsible for reviewing applicable terms and policies for any third party site that you may visit.
Trademark Disclaimer
Product names, logos, brands, and other trademarks featured or referred to in connection with the Service and displayed on the Site are the property of their respective trademark holders. These trademark holders are not affiliated with DeviceKnit, our products or the Site. They do not sponsor or endorse our materials.
Copyright Policy and Complaints
DeviceKnit respects the intellectual property of others. If you believe that any material on the Site or any use of the Site infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
(i)An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii)A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii)A description of where the material that you claim is infringing can be found on the Site;
(iv)Your address, telephone number, and email address;
(v)A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi)A statement by you at the bottom of your notification exactly as follows: "I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner."
Send the notification to us as follows:
25eight, Inc. d/b/a DeviceKnit
1936 Fifth Avenue
Pittsburgh, PA 15219
Email: [email protected]
We cannot guarantee and we do not promise any specific results from the use of our Site and Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. DEVICEKNIT CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE OR YOUR ACCESS TO THE SERVICE, THE SITE, OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. DEVICEKNIT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PRODUCED OR DISPLAYED IN CONNECTION WITH THE SERVICE. DEVICEKNIT MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION PROVIDED HEREUNDER, OR AGAINST INFRINGEMENT. NO WARRANTY, REPRESENTATION, COVENANT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY DEVICEKNIT; ALL SUCH WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE SERVICE, ALL INFORMATION AND CONTENT ACCESSIBLE THROUGH OUR SITE, YOUR ACCOUNT, USER CONTENT, ALL OTHER SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO COMPATIBILITY WITH YOUR COMPUTER SYSTEMS, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND EFFORT IS WITH YOU.
We will make reasonable commercial efforts to keep Service downtime to a minimum, but we can't promise that the Service or any data stored or transmitted in connection with the Service will be uninterrupted, secure or error-free or will achieve particular results. We reserve the right to suspend operation of some or all aspects of the Service at any time without notice for repairs, maintenance, improvements or for any other reason.
Our Site may be incomplete, or otherwise contain bugs, defects and errors. We make no promise that the Service will operate either fully or in part on any specific computer or that it is free from viruses or anything else which may have a harmful effect on any technology. We are not responsible or liable for any damage, whether temporary or permanent, occurring to either equipment or software that might occur while using the Service.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL DEVICEKNIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
(i)ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY, OR FOR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION, DEATH, RESULTING FROM ACCESS TO, OR USE OF, THE SITE OR SERVICE, MATERIALS OR OBJECTS PRODUCED USING THE SERVICE, THE SOFTWARE OR DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SITE OR SERVICE, OR;
(ii)ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR OTHER DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, OR LOST SAVINGS, INCOME, REVENUE, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR YOUR USE, MISUSE OF OR ACCESS TO THE SITE OR SERVICE, OR CONTENT RELATING TO IT, OR THE EXCHANGE OF INFORMATION WITH THE SITE OR SERVICE, EVEN IF ANY THOSE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ANY AND ALL RISK ASSOCIATED WITH THE ACCESS AND USE OF, OR EXCHANGE OF INFORMATION OR DATA WITH, THE SITE OR SERVICE.
IN NO EVENT SHALL DEVICEKNIT'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM UNDER THIS AGREEMENT, EXCEED ONE HUNDRED DOLLARS ($100.00). IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN DEVICEKNIT'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
You hereby understand, and acknowledge, that there is no guarantee that DeviceKnit shall continue offering access to its Service on a going-forward basis.
You hereby agree to indemnify, defend, and hold us, our agents, service providers, representatives and other authorized users, and each of the foregoing entities' respective agents, service providers, representatives and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these TOS or claims arising from your use of the Site, the Service and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim.
You represent and warrant that your participation in our Service is in compliance with all applicable laws and regulations of your jurisdiction and with the terms and conditions of these TOS, and that all information provided to DeviceKnit or its designee by you in connection with this TOS, including without limitation all registration information, is true, correct and accurate. You must promptly provide DeviceKnit with an update if any of your information changes.
Your use of the Site and Service constitutes your agreement to defend, indemnify and hold harmless DeviceKnit and its affiliated companies, employees, contractors, officers and directors from any claims, demands, damages and expenses, including reasonable attorney fees, incurred directly or indirectly by DeviceKnit, arising out of or relating to your use or misuse of the Service, your access to the Site or your account, including a third party's use or misuse of your account and/or password, or any actual or alleged breach or non-performance by you of your representations, warranties or obligations hereunder. DeviceKnit shall have the right to retain counsel of its choice to defend any action or suit subject to your indemnification obligations hereunder, at your expense.
We cannot ensure that your personally identifiable information given to us will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you hereby expressly authorize us to) disclose any information about you to private entities, law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible crimes, especially those that may involve personal injury.
You agree that we may communicate with you via email and any similar technology for any purpose relating to the Site, Service and Content and any services or software which may in the future be provided by us or on our behalf. You are encouraged to read our Privacy Policy which governs the collection and use of personally identifiable information.
The terms of these TOS shall commence upon the date that you accept these TOS or you otherwise begin participating in the Service and shall continue until the date that you terminate your DeviceKnit account.
If you or anyone using any of your accounts materially breaches these TOS, or makes any unauthorized use of the Site or Service, or infringes the intellectual property rights of DeviceKnit or any third party, or if we are unable to verify or authenticate any information you provide to us, or we become aware of any activity within your account which is, in our reasonable discretion, inappropriate and/or in violation of these TOS, then DeviceKnit may terminate this agreement with you, close all of your accounts, and cancel all rights granted to you under these TOS. Such termination shall be effective upon notice delivered via electronic mail or any other means reasonably calculated to reach you. Termination by DeviceKnit shall be without prejudice to or waiver of any and all other rights or remedies which DeviceKnit may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.
Upon reasonable prior notice, DeviceKnit may terminate these TOS, end or prevent access to the Site or Service, in whole or in part, for any reason in its sole discretion.
You may terminate your account with DeviceKnit at any time, upon notice to DeviceKnit, whereupon all your accounts will be closed, and all rights granted to you in these TOS will be canceled, effective upon your notice.
This Site is operated and controlled from our offices in Pittsburgh, Pennsylvania. It can be accessed from various countries of the world. The laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles of Pennsylvania or any other state, will apply to all matters arising out of or in connection with the Site and your connection to and use of the Site and/or Service.
THESE TOS, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE COMMONWEALTH OF PENNSYLVANIA AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN PENNSYLVANIA BETWEEN PENNSYLVANIA RESIDENTS, BUT WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES OF PENNSYLVANIA LAW OR THE LAWS OF ANY OTHER STATE. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. By accessing or using the Site and/or Service, you submit and consent to the exclusive jurisdiction of state and federal courts in Pittsburgh, Pennsylvania with respect to any dispute or cause of action arising out of or in connection with these Terms of Service and/or your use of the Site or Service.
We make no representation or warranty that any material on the Site, Service or any Content is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Site or the Service from a jurisdiction outside the Commonwealth of Pennsylvania you are responsible for compliance with all applicable local laws.
If any provision of these TOS is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of these TOS will remain in full force and effect. These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these TOS will be effective only if in writing and signed by us. The failure of a party to assert any right under these TOS shall not be considered a waiver of that party's right will remain in full force and effect. In addition, these TOS and the Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. These TOS and all related documents are written and shall be interpreted in the English language.
You acknowledge and agree that any breach or threatened breach by you of this TOS may result in immediate and irreparable damage to DeviceKnit or its licensors or designees for which there is no adequate remedy at law, and in such event DeviceKnit, its designee or its licensors, as applicable, shall be entitled to appropriate equitable relief, including, without limitation, injunctive relief, without the necessity of posting bond or other security.
These TOS may be amended or modified from time to time. We will post changes to this TOS on the DeviceKnit homepage, and other places we deem appropriate. If the revision alters a material term, and you, in good faith, determine that the modification is adverse to you and unacceptable, then you shall have the right to close your account.
DeviceKnit has the right to modify, suspend or discontinue the Service or any portion of the Service at any time, including the availability of any area of the Service or the commissions. DeviceKnit may also impose limits on certain features and services or restrict your access to parts or all of the Service without any notice or liability to you.
The Terms of Service posted on this Site was updated on or about August 23, 2011.
If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about our Site, please contact us via email at [email protected].