I. OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (Content) published on the Web Site is protected by applicable intellectual property laws and is owned or licensed by Dan Hendriksen grants you a limited right to access and use the Web Site. You may not modify, create a derivative work, display, distribute, perform publicly, or in any way exploit, in whole or in part, any of the Content or software contained on, or comprising, the Web Site without seeking prior written permission from Dan Hendriksen. You are also restricted from using any automated or manual device or process to copy, monitor, index or data mine the Web Site. C4diy.com, its respective logos, trade dress, and the graphics and layout of the Web Site are the registered and/or unregistered service marks, trademarks, and/or trade dress of Dan Hendriksen and may not be copied, imitated or used, in whole or in part, without Dan Hendriksen’s prior written permission. All other trademarks, product names, and company names or logos mentioned on the Web Site are the property of their respective owners.
Dan Hendriksen reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Ste (or any part thereof) with or without notice. You agree that Dan Hendriksen shall not be liable to you or any third party for any modification, suspension or discontinuance of the website.
II. ACCOUNTS/PROFILES
Certain features offered on the Web Site may require you to register as an authorized user (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You may not use anyone elses username and password at any time without the express permission and consent of the holder of that username and password. Dan Hendriksen cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
III. INTERACTIVE FEATURES; USER-GENERATED CONTENT
The Web Site provides information for the benefit of users. If you choose, you may post a comment in certain places on the Web Site. However, Dan Hendriksen does not guarantee the truthfulness, accuracy, or validity of your comment(s) or any other any user-generated content posted on the Web site.
You may not submit any comment or other content that is obscene, defamatory, harassing, threatening, pornographic, illegal, or would violate the rights of others, or that otherwise violates the User Conduct section of these Terms.
Dan Hendriksen reserves the right to delete or edit any comments or other user-generated content that it considers inappropriate or otherwise objectionable, in its sole discretion. Dan Hendriksen, however, assumes no responsibility for monitoring the Web Site for inappropriate content or conduct. If at any time Dan Hendriksen chooses, in its sole discretion, to monitor the Web Site, Dan Hendriksen will assume no responsibility for the content on the Web Site, no obligation to modify or remove any inappropriate or otherwise objectionable content on the Web Site, and no responsibility for the conduct of any user submitting such content.
By submitting a comment to the news website, or submitting content elsewhere on the Web Site, you:
1) expressly grant Dan Hendriksen a worldwide, non-exclusive, royalty-free, irrevocable license to publish, modify, reproduce, display, distribute, and use such content for any purpose whatsoever without further notice or consent;
2) you waive any rights you may have in any such content;
3) warrant that you have all rights in and to the content you submit, or that you have express authorization from the copyright and/or trademark owner to do so.
Dan Hendriksen may use e-mail validation methods to reduce “comment spam.”
IV. USER CONDUCT
By accessing and using the Web Site, you agree:
(i) that you will comply with all applicable local, state, national, and international laws and regulations that govern your use of the Web Site;
(ii) not to disrupt or interfere with the security or accessibility of the Web Site or any services offered in connection with the Web Site;
(iii) not to transmit any obscene or otherwise objectionable content, viruses or other harmful files, or any type of unsolicited mass email through or in connection with the Web Site;
(iv) to provide truthful and accurate information about your identity if you choose to register on the Web Site;
(vi) not to reproduce, duplicate, copy, sell, resell, use or exploit any portion of the Web Site for a commercial purpose, unless specifically authorized by Dan Hendriksen; and (vi) not to attempt to gain unauthorized access to the Web Site.
V. COPYRIGHT
A. Copyright Infringement Notification
Dan Hendriksen respects the intellectual property rights of others. If you believe that the Web Site contains Content or material that infringes a copyright you own, you may file a Notification of Claimed Infringement (“Notification”) with Dan Hendriksen at 2546 West 2400 North – Lehi, UT 84043
To be effective the Notification must be a written communication sent to the above address and must include the following information:
• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work claimed to be infringed;
• Identification of the material that is claimed to be infringing in sufficient detail for Dan Hendriksen to be able to identify the claimed infringing material;
• Contact information for the complaining party, such as an address, telephone number, and email address;
• A statement that the complaining party has a good faith belief that use of the material in the manner identified 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 copyright owner.
• May not contain any attachments.
Upon receipt of a Notification from a copyright owner that contains the required information described above, Dan Hendriksen will make a determination to either remove or disable access to the material contained on its Web Site that is alleged to be infringing.
B. Counter Notification
If material or content that you have created, developed, or posted has been removed or disabled by Dan Hendriksen after it receives a Notification meeting the requirements described above, you may ask that the content be restored by sending Dan Hendriksen a Counter Notification. The Counter Notification must include substantially all of the following:
• A physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Dan Hendriksen requests that complete URLs for each instance of the affected material be provided;
• A statement that the information in the Counter Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner; and
• Your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Dan Hendriksen may be found, and that you will accept service of process from the person who provided the copyright infringement Notification or an agent of such person.
After receipt of a valid Counter Notification meeting the requirements described above, Dan Hendriksen is required to:
• Promptly provide the person who provided the Notification with a copy of the Counter Notification, and inform that person that Dan Hendriksen will replace the removed material or cease disabling access to it in 10 business days; and
• Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Dan Hendriksen’s designated copyright agent first receives notice from the person who submitted the Notification that such person has filed an action seeking a court order to restrain the other user from engaging in infringing activity relating to the material on Dan Hendriksen’s system or network.
VI. ADVERTISING AND PROMOTIONS
You understand and agree that some or all of the Web Site may include advertisements, contests, sweepstakes, or promotions, and that these advertisements, contests, sweepstakes, or promotions help Dan Hendriksen operate the Web Site. You also understand and agree that you will not obscure any advertisements from general view by any means. By using the Web Site, you agree that Dan Hendriksen has the right to run such advertisements and other promotional content with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising on the Web Site are subject to change at Dan Hendriksen’s discretion.
Third parties not affiliated with Dan Hendriksen may also offer contests, sweepstakes, or promotions on the Web Site. If you choose to correspond with, order or pay for good and services, or participate in contests, sweepstakes, or promotions offered by third parties, there will be other terms, conditions, warranties or representations that will apply. You agree that Dan Hendriksen shall not be responsible or liable for any loss or damage of any sort related to your dealings with such third parties.
VII. INDEMNIFICATION/ DISCLAIMER OF WARRANTIES AND LIABILITY
You agree to indemnify and hold Dan Hendriksen, harmless from any claim, demand, loss, liability, or expense, including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Web Site, your access or use of the Web Site, your violation of this Agreement, or your violation of any rights of a third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DAN HENDRIKSEN DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED BY THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PROVIDES NO WARRANTY WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF THE WEB SITE OR THE CONTENT PROVIDED ON THE WEB SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DAN HENDRIKSEN BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THE WEB SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, DAN HENDRIKSEN’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
VIII. VIOLATION OF THIS AGREEMENT; TERMINATION OF ACCESS TO WEB SITE
You agree that Dan Hendriksen may, in its sole discretion and without prior notice, terminate your access to the Web Site and/or block your future access to the Web Site if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Web Site. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to Dan Hendriksen, for which monetary damages would be inadequate, and you consent to Dan Hendriksen obtaining any injunctive or equitable relief that Dan Hendriksen deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Dan Hendriksen may have at law or in equity.
Dan Hendriksen may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Dan Hendriksen’s rights or property, or the rights or property of visitors to or users of the Web Site, including Dan Hendriksen’s customers.
If Dan Hendriksen does take any legal action against you as a result of your violation of this Agreement, Dan Hendriksen will be entitled to recover from you, and you agree to pay, all reasonable attorneys fees and costs of such action, in addition to any other relief granted to Dan Hendriksen. You agree that Dan Hendriksen will not be liable to you or to any third party for termination of your access to the Web Site as a result of any violation of this Agreement.
IX. LINKING
You are granted a limited, revocable, non-exclusive right to create a hyperlink to the Web Site on the condition that the link does not portray Dan Hendriksen in a false, misleading, derogatory or otherwise defamatory manner.
X. LINKS TO THIRD PARTY WEBSITES
The Web Site may contain links to other websites owned or operated by non-affiliated third parties. Dan Hendriksen is not responsible for the content provided by or privacy practices of these other websites. When you visit such websites – even if you get there by clicking on links provided on this Web Site – this Agreement no longer applies. Dan Hendriksen is not responsible for your access to and use of such linked websites, including the use of your personal information by such linked websites.
XII. GOVERNING LAW; DISPUTE RESOLUTION
This Agreement shall be governed in accordance with the laws of the State of Utah without regard to its conflict of law provisions. By accessing or using the Web Site, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Utah for resolution of any disputes arising out of or relating to this Agreement or your use of the Web Site.
Either Dan Hendriksen or you may demand that any dispute or claim between Dan Hendriksen and you must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (“AAA”) in Utah. Both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in Delaware to resolve the applicable dispute or claim if arbitration is demanded. An arbitration demand, however, shall not prevent either party from seeking injunctive relief in a court of competent jurisdiction.
XIII. WAIVER AND SEVERABILITY OF UNENFORCEABLE PROVISIONS
If Dan Hendriksen does not exercise or enforce any right under this Agreement, it doesn’t mean that it waives such right. Likewise, if a court holds that any portion of this Agreement is unenforceable, that portion shall be deemed severable from rest of this Agreement and the fact that it is unenforceable will not affect the validity and enforceability of the remaining provisions.
XIV. OPINION DISCLAIMER
The views expressed in the articles labeled “Opinion” on this domain are those of the authors alone. They do not represent the views and opinions of Dan Hendriksen, or its staff
XV. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Dan Hendriksen with regard to your use of the Web Site. Any and all other written or oral agreements or understandings previously existing between you and Dan Hendriksen with respect to your use of the Web site are hereby superseded and canceled. Dan Hendriksen will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected.
XVI. CONTACT
If you have any questions about this Agreement, please contact us by e-mail at:
admin@c4diy.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE
Last Updated: April 1, 2010

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