Last updated on 26 July 2022
- User Accounts
- The Rules Of Behavior
- Copyright Policy
- Your Use Of Our Service
- Limitation Of Liability
- “As Is” And “As Available” Disclaimer
- Governing Law
- Disputes Resolution
- For European Union (EU) Users
- Unites States Legal Compliance
- Severability And Waiver
- Translation Interpretation
- Changes To These Terms
- Contact Us
Welcome to diymarkt.com!
These terms and conditions outline the rules and regulations for the use of DIY Markt’s Website, located at https://www.diymarkt.com.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and all Agreements:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, whereas “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to the DIYMarkt.com website.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
- Device means any device that can access the Service such as a computer, a smartphone, or a digital tablet.
- Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
- Products refer to the products or items offered for sale on the Service.
- Orders mean a request by You to purchase Products from Us.
- Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
- Service refers to the Website.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
- Website refers to DIYMarkt.com, accessible from https://www.diymarkt.com
- You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
By accessing this website we assume you accept these terms and conditions. Do not continue to use DIYMarkt.com if you do not agree to take all of the terms and conditions stated on this page.
Your access to and use of the Service is 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 then You may not access the Service.
a. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
b. Provide us honest information. When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
c. Protect your password. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
d. Choose your username. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name of a trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
e. You are responsible for your account. You are solely responsible for any activity on your account. If you share an account with other people, then the person whose financial information is in the account will ultimately be responsible for all activities. If you are registering as a business entity, you personally warrant that you have the authority to agree to the Terms on behalf of the business. In addition, your accounts are non-transferable.
f. Relationship between You and the Company. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and DIY Markt.
THE RULES OF BEHAVIOR
You shall not:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
e. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Website;
f. bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Website);
g. run any form of auto-responder or “spam” on the Website;
h. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;
i. harvest or scrape any Content from the Service;
j. “stalk” or otherwise harass another; and/or
k. collect or store personal data about other users, except as is explicitly provided for in any applicable agreement or guidelines governing one or more of the Services;
l. act in a manner that negatively affects other users’ quiet usage of the Service;
m. Set up additional account(s) to be used for deceptive purposes (“Sock Puppet Accounts”).
n. distribute the information you know is false, misleading, untruthful, unlawful, or inaccurate,
o. upload any 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 ours or of any third party;
p. otherwise take any action in violation of our guidelines and policies.
q. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
You shall not (directly or indirectly):
a. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
b. modify, translate, or otherwise create derivative works of any part of the Website, or
c. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws, and regulations.
a. Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, distribute, store, and prepare derivative works of your Content on and through the Service. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
b. Content restriction
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of the Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
c. Content storage and backups
You acknowledge that the Company may impose general rules and restrictions in relation to the use of the Service, including, but not limited to, the maximum number of days messages are kept, uploaded Content will be stored by the Service, the maximum number of messages that can be sent or received by an account on the Service, the maximum size of any message, post, file that can be sent, received or uploaded by the account, the maximum disk space that will be allocated to the Company’s servers on your behalf, and the maximum number of times (and the maximum duration), during which you can access the Service provided for a certain period of time.
You acknowledge and agree that the Company may access, store and disclose your account information, patterns, files, and/or Content if required to do so by law, or if it has a good faith belief that such access, retention, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any template or Content infringes the rights of third parties, (d) respond to your request for service clients; or (e) protect the rights, property, or personal safety of the Company, its users, and the public.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
a. Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email email@example.com or by clicking on the link “Report Abuse” under “add to cart” button on the product page and include in Your notice a detailed description of the alleged infringement.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
b. Intellectual Property and Trademark
The Service and its original content (excluding Content provided by you or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Company’s Country and foreign countries.
Our trademarks, labels, and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
YOUR USE OF OUR SERVICE
a. Use the Service in accordance with applicable law. You agree that you will comply with any laws in connection with your use of the Service. This includes any local, state, national, federal, and international laws that may apply to you. For example, you are responsible for obtaining any permits or licenses required by your store and for complying with applicable legal requirements in the relevant jurisdiction(s). You may not sell anything that violates any laws; you may not engage in fraud, theft, anti-competitive and threatening behavior, or any other illegal activity or crime against the Company, another user of the Service, or a third party.
c. Your feedback to us. You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
a. Termination by You. You can close your DIY Markt account at any time in your account settings. For more information, see this help article.
b. Termination by the Company. We may terminate or suspend your account (and any accounts that the Company believes are associated with your account) and your access to the Service if we have reason to believe that You, your Content, or your use of the Service is infringing our Terms. If we do so, it is important to understand that you do not have a contractual or legal right to continue using our Services, such as selling or buying on our websites or mobile applications. Generally, the Company will notify You that your account has been terminated or suspended, unless You have repeatedly violated Our Terms or We have legal or regulatory reasons preventing Us from notifying You.
If you or the Company close your account, you may lose any information associated with your account, including your Content. Deletion of the account and the Content associated with it is irrevocable.
d. Survival. The Terms will remain in effect even after you terminate your access to the Service or your use of the Service.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 EUR if You haven’t purchased anything through the Service.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIY MARKT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a. The products you buy. You understand that DIY Markt does not manufacture, store or inspect any goods sold through our Service. We provide a venue; Items on our marketplace are manufactured, offered for sale, and sold directly by independent sellers, so DIY MARKT cannot and does not make any warranties as to their quality, safety, authenticity, or their legality. Any legal claim related to the product you have purchased must be made directly with the seller of the product. You release DIY Markt from any and all claims related to items sold through our Service, including but not limited to defective items, seller misrepresentations, or items that caused a personal injury (such as product liability claims).
b. Content You access. As the Company cannot control all Content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances, will the Company be liable in any way for any content, including accuracy, copyright compliance, legality, errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
c. Dealing with other people. You may use the Service to interact with others, both online and in person. However, you understand that we do not screen users of our Service except to comply with certain requirements and legal obligations, and you release us from any liability related to your interactions with other users. Please exercise caution and common sense in all interactions with other people, especially if you are meeting someone in person.
Since the Company does not participate in transactions between You and other users, in the event of a dispute between You and the other user, each of you releases the Company (its agents and employees) from claims, requirements, and losses (actual and subsequent) of any kind and nature, known and unknown, suspected and unemployed, discovered and undisclosed, arising from or in any one related to such disputes.
d. Links to other websites. Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
e. Special offers and promotions. By participating in a special offer or promotion, you agree that you may not subsequently claim that the rules of that special offer or promotion were ambiguous.
“AS IS” AND “AS AVAILABLE” DISCLAIMER
THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS WITHOUT A WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES THAT MAY ARISE FROM BUSINESS DEALINGS, PERFORMANCE, USE OR TRADE PRACTICES. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTIES OR UNDERTAKINGS AND MAKES NO REPRESENTATIONS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, WORK WITHOUT INTERRUPTION, MEET ANY STANDARD OF PERFORMANCE OR RELIABILITY, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS MAY OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY’S SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED: (I) REGARDING THE OPERATION OR AVAILABILITY OF THE SERVICE OR INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. INCLUDED IN IT; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) REGARDING THE ACCURACY, RELIABILITY, OR TIMELINESS OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; (IV) THAT THE SERVICE, ITS SERVERS, CONTENT, OR EMAILS SENT BY OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS, OR OTHER HARMFUL COMPONENTS.
The Terms are governed by the laws of Paris (France), without regard to its principles regarding conflicts of law. These laws will apply no matter where in the world you live, but if you live outside of France, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
a. Disputes with other users. If you find yourself in a dispute with another user of our Service or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. The Company reserves the right but has no obligation, to monitor disputes between you and other users.
b. Disputes with the Company. If You have any concern or dispute about the Service, You agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Company in its sole discretion. In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the court of Paris shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in those.
FOR EUROPEAN UNION (EU) USERS
If you are a consumer of the European Union, you will be subject to all mandatory provisions of the laws of the country in which you reside.
UNITES STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo or has been designated by the United States government as a “terrorist supporting country” and (ii) You are not listed on any United States government list of prohibited or restricted parties.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of pattern(s) or Content you submit, post, transmit or otherwise make available through the Service, your use of any Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another user.
SEVERABILITY AND WAIVER
Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS
We reserve the right, at our sole discretion, to change or replace these Terms at any time. If the change is material, We will use reasonable efforts to provide the notice before any new terms become effective. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the site and the Service.
If you have any questions about these Terms, you can contact us:
By visiting this page on our website: firstname.lastname@example.org