A 'user' is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms 'you' and 'your' refer to you, as a user of the Site.
'Content' means all of the text, images, photos, audio, video, and all other forms of data or communication. 'User Content' means Content that you submit or transmit to or through the Site, such as databases, data files, lists, and information that you display. 'Struct.it Content' means Content that we create and make available on the Site. 'Third Party Content' means Content that is made available on the Site by parties other than Struct.it or its users, such as data providers who license data to Struct.it for use on the Site.
Use of software
Struct.it may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, 'Software') are deemed to be licensed to you by Struct.it, for your personal, noncommercial, home use only. Struct.it does not transfer either the title or the intellectual property rights to the Software, and Struct.it retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
You grant Struct.it a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Site, you are granting Struct.it, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Struct.it, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Struct.it may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Compliance with intellectual property laws
When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party's copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
Intellectual property ownership
All Struct.it Content included on the Site and Service, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of Struct.it and is protected by international intellectual property laws. The compilation of all content on this site is the exclusive property of Struct.it and protected by international copyright laws. All software used on this site is the property of Struct.it or its software suppliers and protected by international intellectual property laws.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Struct.it and our affiliates without express written consent. You may not use any meta-tags or any other 'hidden text' utilizing Struct.it name or trademarks without the express written consent of Struct.it. You may not use any direct linking or source-calling of any media presented on this web site.
Infringement of intellectual property rights
Struct.it has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site.
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
(9.1) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that you know is false or misleading;
(9.2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(9.3) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
(9.4) harasses or advocates harassment of another person;
(9.5) exploits people in a sexual or violent manner;
(9.6) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
(9.7) solicits or is designed to solicit personal information from or about any minor;
(9.8) contains information that poses or creates a privacy or security risk to any person;
(9.9) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(9.10) involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing, instant messaging, 'spamming';
(9.11) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(9.12) solicits or is designed to solicit passwords or personal identifying information from other Users;
(9.13) includes a photograph or video of another person that you have posted without that person's consent; or
(9.14) violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.
You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Site or Services:
(10.1) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user's use of the Site;
(10.2) using the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
(10.3) using the Site to promote bigotry or discrimination;
(10.4) using the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
(10.5) using the Site for promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services,
(10.6) engaging in criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(10.7) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(10.8) attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or Service;
(10.9) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, 'flooding,' 'spamming,' 'mail bombing,' or 'crashing;'
(10.10) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
(10.11) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service;
(10.12) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Struct.it in providing the Site;
(10.13) using the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
(10.14) recording, processing, or mining information about other users;
(10.15) using any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content, or accessing, retrieving, or indexing the Site for purposes of constructing or populating a searchable database;
(10.16) using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Site or Service for the purposes of sending unsolicited or unauthorized material;
(10.17) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Struct.it Services other than your Content which you legally post on, through or in connection with the Struct.it Services;
(10.18) providing or using 'tracking' or monitoring functionality in connection with the Site or Service, including, without limitation, to identify other Users' views, actions or other activities on the Site or Service;
(10.19) covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Struct.it page via HTML/CSS or any other means;
(10.20) interfering with, disrupting, or creating an undue burden on the Struct.it Services or the networks or services connected to the Struct.it Services;
(10.21) impersonating or attempting to impersonate Struct.it or a Struct.it employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);
(10.22) selling or otherwise transferring your profile, your e-mail address or URL;
(10.23) using or distributing any information obtained from the Struct.it Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(10.24) relaying e-mail from a third party's mail servers without the permission of that third party;
(10.25) using invalid or forged headers to disguise the origin of any Content transmitted to or through Struct.it's computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
(10.26) engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
(10.27) using the Site or Service in a manner inconsistent with any and all applicable laws and regulations.
Advertising and solicitation
As provided in Section 10.5 of this Agreement, you are prohibited from advertising to or making solicitations to buy or sell any products.
Struct.it reserves the right to terminate your use of the Site and Service, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site for any reason.
STRUCT.IT HEREBY DISCLAIMS ALL WARRANTIES. STRUCT.IT IS MAKING THE SITE AVAILABLE 'AS IS' WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRUCT.IT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. STRUCT.IT DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
STRUCT.IT'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STRUCT.IT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY STRUCT.IT. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, logos, or any other items of intellectual property owned by Struct.it or by any third party.
Pricing or typographical errors
Struct.it strives to provide accurate service and pricing information, but inadvertent typographical errors may occur. In the event that our service is mispriced or misrepresented, Struct.it may, at our discretion, either contact you for instructions, or cancel your subscription and notify you of such cancellation. Prices and services are subject to change without notice.
You may terminate this Agreement at any time, provided that you discontinue any further use of the Site or Service. Struct.it also reserves the right to terminate your use of the Site or Services for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.