Terms of Use
Last updated on 26 July 2022
- Definitions
- Acknowledgment
- User Accounts
- The Rules Of Behavior
- Content
- Copyright Policy
- Your Use Of Our Service
- Termination
- Limitation Of Liability
- “As Is” And “As Available” Disclaimer
- Governing Law
- Disputes Resolution
- For European Union (EU) Users
- Unites States Legal Compliance
- Indemnity
- Severability And Waiver
- Translation Interpretation
- Changes To These Terms
- Miscellaneous
- Contact Us
Welcome to diymarkt.com!
These Terms and Conditions govern the use of the DIY Markt website located at https://www.diymarkt.com.
DEFINITIONS
The following terminology applies to these Terms and Conditions, Privacy Policy, Disclaimer, and all Agreements:
- Affiliate: An entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities that have the right to vote for the election of directors or other managing authority.
- Account: A unique account created for You to access our Service or parts of our Service.
- Company (referred to as “the Company”, “We”, “Us”, or “Our” in this Agreement): Refers to the DIYMarkt.com website.
- Content: Any text, images, or other information that You post, upload, link to, or otherwise make available, regardless of format.
- Device: Any device that can access the Service, including computers, smartphones, or digital tablets.
- Feedback: Suggestions, ideas, or feedback submitted by You regarding the attributes, performance, or features of our Service.
- Products: The products or items offered for sale on the Service.
- Orders: A request made by You to purchase Products from Us.
- Promotions: Contests, sweepstakes, or other promotional events offered through the Service.
- Service: Refers to the Website.
- Terms and Conditions (also referred to as “Terms” or “Terms of Use”): These Terms and Conditions form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service: Any services or content provided by third parties that may be included or made available by the Service.
- Website: Refers to DIYMarkt.com, accessible at https://www.diymarkt.com.
- You: The individual accessing or using the Service, or the company or legal entity on behalf of which such individual is accessing or using the Service, as applicable.
By accessing this website, You agree to accept these terms and conditions. If You do not agree with all the terms and conditions outlined on this page, please do not continue to use DIYMarkt.com.
ACKNOWLEDGMENT
These Terms of Use govern the use of the service and constitute an agreement between You and the Company. They set forth the rights and obligations of all users with respect to the use of the Service.
Your access to and use of the Service are conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes how we collect, use, and disclose Your personal information when You use the Website and explains Your privacy rights and how the law protects You. Please read our Privacy Policy carefully.
USER ACCOUNTS
a. You represent that You are over the age of 18. The Company does not allow individuals under 18 to use the Service.
b. Provide accurate information. When You create an account with Us, You must provide truthful, complete, and up-to-date information. Failure to do so constitutes a breach of these Terms and may result in immediate termination of Your account.
c. Protect Your password. You are responsible for securing the password You use to access the Service and for any activities or actions under Your password, whether on Our Service or through a Third-party Social Media Service. You agree not to share Your password with third parties and must immediately notify Us of any breach of security or unauthorized use of Your account.
d. Choose Your username carefully. You may not use a username that is the name of another person or entity, one that is not lawfully available for use, or a name that infringes on the rights of others (including trademarks) without proper authorization. Additionally, offensive, vulgar, or obscene usernames are prohibited.
e. You are responsible for Your account. You are solely responsible for all activity on Your account. If You share an account with others, the person whose financial information is associated with the account will ultimately be responsible for all activities. If You register on behalf of a business entity, You confirm that You have the authority to agree to these Terms on behalf of the business. Accounts are non-transferable.
f. Relationship with the Company. These Terms do not establish any agency, partnership, joint venture, employment, or franchise relationship between You and DIY Markt.
THE RULES OF BEHAVIOR
By using the Service, you agree not to engage in any activities prohibited by these Terms of Use. You are responsible for all actions related to your use of the Website.
You agree not to:
a. Upload, post, email, transmit, or make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, or discriminatory on the basis of race, ethnicity, gender, or any other objectionable criteria.
b. Harm minors in any way.
c. Impersonate any individual or entity, including but not limited to company officials, forum leaders, or hosts, or misrepresent your affiliation with any person or entity.
d. Take any actions that may impose an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure.
e. Interfere with or attempt to interfere with the proper functioning of the Service or any activities conducted on the Website.
f. Bypass or attempt to bypass any security measures we may use to restrict access to the Service or other connected accounts, systems, or networks.
g. Use automated systems, software, or other processes to spam or send unsolicited messages on the Website.
h. Use manual or automated tools to “crawl” or “spider” any page of the Website.
i. Harvest or scrape any content from the Service.
j. Stalk or otherwise harass others.
k. Collect or store personal data about other users, except as explicitly permitted by any applicable agreement or guidelines.
l. Act in a manner that negatively affects other users’ ability to enjoy the Service.
m. Create additional deceptive accounts (“Sock Puppet Accounts”).
n. Distribute false, misleading, or inaccurate information.
o. Upload viruses, malware, or any other code that could disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment, or obtain unauthorized access to any system or data.
p. Engage in any activity that violates our policies or guidelines.
q. Intentionally or unintentionally violate any applicable local, state, national, or international laws.
You shall not (directly or indirectly):
a. Attempt to decipher, decompile, disassemble, reverse engineer, or derive any source code or underlying algorithms of any part of the Website, except where applicable law prohibits such restrictions.
b. Modify, translate, or create derivative works based on any part of the Website.
c. Copy, rent, lease, distribute, or transfer any rights granted to you hereunder. You agree to comply with all applicable laws and regulations.
CONTENT
a. Your Right to Post Content
The Service allows you to post content. You are responsible for the content you upload, including its legality and appropriateness.
By posting content, you grant us the right to use, modify, publicly perform, publicly display, reproduce, distribute, store, and prepare derivative works of your content on the Service. You agree not to assert any moral rights or publicity rights against us for using your content. You retain ownership of the content you post and are responsible for protecting those rights. This license includes the right for us to share your content with other users of the Service, who may also use it under these Terms.
You confirm that: (i) the content is yours or you have the right to use and license it as described in these Terms; and (ii) posting your content does not infringe on the rights of any person.
b. Content Restrictions
We are not responsible for user-generated content. You agree that you are solely responsible for the content you post and any activity that occurs under your account, whether initiated by you or others.
You must not post content that is unlawful, offensive, or otherwise objectionable, including but not limited to:
- Promoting unlawful activities.
- Defamation, discrimination, or offensive content targeting specific groups.
- Spam, unauthorized advertising, or unsolicited communications.
- Viruses or malicious software intended to disrupt or damage systems.
- Infringement on intellectual property rights.
- Impersonation of others.
- Violating privacy or posting false information.
We reserve the right, at our sole discretion, to determine whether content is appropriate, and to refuse or remove such content. We may also edit content or alter its format. If necessary, we can limit or revoke access to the Service for users posting objectionable content.
c. Content Storage and Backups
You acknowledge that we may impose limitations on the Service, such as the maximum number of messages or the maximum size of uploaded files.
We may access, store, and disclose your account information if required by law or if necessary to protect our rights, respond to claims, or comply with legal processes.
Although we perform regular backups, we cannot guarantee the integrity of your content. You agree to maintain an independent copy of your content outside the Service.
COPYRIGHT POLICY
a. Intellectual Property Infringement
We respect intellectual property rights and will respond to any claim of copyright or intellectual property infringement. If you believe content on the Service infringes your copyright, please notify us by email at [email protected] or by using the “Report Abuse” link. Your notice must include the following:
- A signature of the person authorized to act on behalf of the copyright owner.
- A description of the copyrighted work and where it is located on the site.
- Your contact details.
- A statement that you believe the use is unauthorized and that the information in your notice is accurate.
False claims of infringement may result in legal consequences.
b. Intellectual Property and Trademark
The Service and its content, features, and functionality are the exclusive property of the Company and its licensors. All rights are protected by copyright, trademark, and other laws. Our trademarks may not be used without written consent.not be used in connection with any product or service without the prior written consent of the Company.
YOUR USE OF OUR SERVICE
a. Compliance with Applicable Law: You agree to use the Service in accordance with all applicable laws. This includes local, state, national, federal, and international laws that may apply to you. For instance, you are responsible for obtaining any necessary permits or licenses required for your store and for adhering to any legal requirements in the relevant jurisdictions. You must not engage in the sale of prohibited goods or any illegal activities such as fraud, theft, anti-competitive behavior, threats, or any other crimes against the Company, other users, or third parties.
c. Your Feedback: By providing feedback to the Company, you assign all rights, title, and interest in such feedback to the Company. In case this assignment is not effective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback without any restrictions.
TERMINATION
a. Termination by You: You have the right to close your DIY Markt account at any time through your account settings. Please refer to this article for further information.
b. Termination by the Company: We may terminate or suspend your account (including any associated accounts) and your access to the Service if we have reason to believe that you or your Content are violating these Terms. In such cases, you do not have a contractual or legal right to continue using our Services, including selling or buying on our websites or mobile applications. Generally, we will notify you if your account is terminated or suspended, unless you have repeatedly violated our Terms or there are legal or regulatory reasons preventing us from notifying you.
If you or the Company close your account, any information associated with your account, including your Content, may be lost. The deletion of your account and associated Content is permanent.
c. Modification or Termination of Service: The Company reserves the right to modify, suspend, or discontinue any Service at any time and for any reason, as outlined in these Terms of Use. We are not liable for any consequences these changes may have on you, including any impact on your income or ability to earn through the Service.
d. Survival: The Terms will remain in effect even after you cease using the Service.
LIMITATION OF LIABILITY
Despite any damages you might incur, the Company’s liability, and that of its suppliers, shall be limited to the amount you have actually paid through the Service, or 100 EUR if no purchase has been made.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE, HARDWARE, OR ANY PROVISION OF THESE TERMS. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL SUCH LIABILITY.
These limitations apply regardless of the legal theory, whether based on tort, strict liability, breach of contract, warranty, or any other theory, and whether or not DIY Markt was aware of the possibility of such damages.
a. Products You Buy: DIY Markt does not manufacture, store, or inspect any goods sold through the Service. We provide a marketplace where products are sold directly by independent sellers, and we cannot make any warranties regarding the quality, safety, authenticity, or legality of the products. Any legal claims related to a product you purchase should be directed to the seller. You release DIY Markt from any and all claims related to products sold, including defective items, misrepresentations, or items causing personal injury.
b. Content You Access: You acknowledge that, as we cannot control all Content posted by users or third parties, you use the Service at your own risk. You may be exposed to content that you find offensive, incorrect, or objectionable, and you agree that the Company is not liable for any inaccuracies, errors, omissions, or any consequences arising from your use of such content.
c. Interactions with Others: You may use the Service to interact with others, both online and offline. However, we do not screen users except to comply with legal requirements, and you release us from any liability for interactions with other users. Please exercise caution in all dealings with others, particularly in person.
Since the Company is not involved in transactions between users, any disputes between you and another user are your responsibility. Both parties release the Company from any claims, losses, or damages related to such disputes.
d. Third-Party Links: Our Service may contain links to websites or services not owned or controlled by the Company. We have no control over and are not responsible for the content, privacy policies, or practices of third-party websites. You agree that the Company is not liable for any damages or losses resulting from the use of or reliance on third-party content or services. We recommend you review the terms and privacy policies of any third-party websites you visit.
e. Special Offers and Promotions: By participating in a special offer or promotion, you agree that you will not claim any ambiguity in the rules of the offer or promotion.
“AS IS” AND “AS AVAILABLE” DISCLAIMER
THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Company makes no representations or warranties regarding the Service’s performance, compatibility, or reliability, and cannot guarantee that the Service will meet your requirements, operate uninterrupted, or be free of errors.
GOVERNING LAW
These Terms are governed by the laws of Paris, France, without regard to conflict of laws principles. These laws apply regardless of your location, although if you reside outside of France, you may be entitled to consumer protection under your local law.
DISPUTES RESOLUTION
a. Disputes with Other Users: If you have a dispute with another user or third party, we encourage you to resolve it directly. The Company may, but is not obligated to, monitor such disputes.
b. Disputes with the Company: If you have concerns about the Service, you agree to attempt to resolve the issue through good faith negotiations. If the dispute cannot be resolved informally, it may proceed to formal mediation or arbitration at the Company’s discretion. Any unresolved disputes will fall under the exclusive jurisdiction of the courts in Paris.
FOR EUROPEAN UNION (EU) USERS
EU consumers are subject to all mandatory provisions of the laws of their country of residence.
UNITED STATES LEGAL COMPLIANCE
You affirm that you are not located in a country under U.S. government embargo or designated as a “terrorist supporting country,” and that you are not listed on any U.S. government prohibited party list.
INDEMNITY
You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any third-party claims arising out of your use of the Service, the Content you submit, or your violation of the Terms.
SEVERABILITY AND WAIVER
If any provision of these Terms is found to be unenforceable, it will be modified to achieve the intended purpose, and the remaining provisions will remain in effect. Failure to enforce any provision does not waive the right to enforce it later.
TRANSLATION INTERPRETATION
These Terms may have been translated, but in the event of a dispute, the original English text will prevail.
CHANGES TO THESE TERMS
We may revise these Terms at our discretion. If the changes are material, we will make reasonable efforts to notify you before the new terms take effect. Continued use of the Service after changes indicates your agreement to the revised terms.
MISCELLANEOUS
These Terms and any posted policies constitute the entire agreement between you and the Company. If any provision is unenforceable, it will not affect the remaining provisions. The Company reserves the right to assign its rights and obligations at any time. We are not liable for losses or delays caused by factors beyond our reasonable control. There is no partnership or agency relationship created by these Terms.
CONTACT US
If you have any questions about these Terms, you can contact us:
By visiting this page on our website: Contact Us