the dyrt

Terms of Use

Last Updated: March 23, 2016

Welcome to the Dyrt, located at thedyrt.com.  Use of thedyrt.com (this “website”) and its related services and application (this website, the application and related services collectively being, the “Services”), regardless of whether accessed through a computer, mobile device or otherwise, signifies your agreement to these terms of use.  The Services are owned and provided by The Dyrt, Inc. (“Company,” “we” or “us).
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES AND EXIT THE WEBSITE IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE.  YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.

1. Copyright and Ownership. All of the content featured or displayed on the website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of the website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print and download documents, audio and video found on our website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this website.

2. Trademarks. All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, the Web Site name, the Web Site design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without Company’s prior written consent. The use of Company trademarks on any other website or network computer environment is not allowed. Company prohibits the use of Company trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

3. User Submission Policy.

  • Company encourages members of the public to submit user content to the website’s online community public forums that the community may find helpful or useful (“User Submissions”).  User Submissions remains the intellectual property of the individual user, unless we explicitly specify otherwise.  By posting your content using our Services, you expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
  • Company does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort.  You agree that you have not and will not engage in any of the foregoing activities in connection with producing your User Submission. Without limiting the foregoing, you agree that in conjunction with your User Submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Company will reject any User Submission in which Company believes, in its sole discretion, that any such activities have occurred.  If notified by a user of a User Submission that allegedly violates any provision of these Terms of Use, Company reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the website.  You further understand and agree that sending unsolicited email advertisements to any user of this website or this website is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

4. Advertising Rights.  Company reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.

5. Accuracy of Information. We attempt to ensure that information offered through and on the Services is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information offered through or on the Services.

6. Linking to our website. Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations.

7. Third Party Links. From time to time, this website may contain links to websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.

8. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Services.  In consideration of your use of the Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of this website (or any portion thereof).  You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide all user records, and related information and content under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

9. User Published Content. User published Content does not represent the views of Company or any individual associated with Company, and we do not control this Content.  In no event shall you represent or suggest, directly or indirectly, Company’s endorsement of user published Content. Company does not vouch for the accuracy or credibility of any user published Content on the Services, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on the Services. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Services, you assume all associated risks.

10. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access this website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.

11. Force Majeure. Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

12. Representations and Warranties.  You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following:  (i)  you are over the age of 18 and have the right and authority to enter into these terms of use, and are fully able and competent to satisfy the terms, conditions and obligations in these terms of use; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 3(a); (iii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Services and these terms of use, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms of these terms of use; (v) you are not, and have not been an agent of Company and were not and are not acting on behalf of, or as a representative of, Company or any other party in connection with the User Submission; (vi) the User Submission and Company use thereof as contemplated by these terms of use and the Company website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vii) you are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (viii) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (ix) the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Company or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

13. DISCLAIMERS. YOUR USE OF THE SERVICES ARE AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES.  THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. LIMITATIONS OF LIABILITY. Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or otherwise using any aspect of the Services, including downloading any information from this website. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY LINKED THIRD PARTY SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.  IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES.

15. Indemnity. You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of this website or the Internet or your placement or transmission of any message or information on or through the Services by you or your authorized users; (ii) your violation of any term of these terms of use, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Company; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

16. Release. In the event that you have a dispute with one or more other users of the Services, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

17. Termination. You or we may suspend or terminate your account or your use of the Services at any time, for any reason or for no reason. We may also block your access to the Services in the event that (a) you breach these terms of use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

18. General. Any claim relating to, and the use of, the Services and the materials contained herein is governed by the laws of the state of Oregon. You consent to the exclusive jurisdiction of the state and federal courts located in Portland, Oregon. A printed version of these terms of use will be admissible in judicial and administrative proceedings based upon or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms of use and all incorporated agreements may be automatically assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of use set forth the entire understanding and agreement between us with respect to the subject matter hereof.  The following Sections, shall survive termination or expiration of these terms of use, as well as those other provisions that should survive by their sense or context:  Sections 3(a), 10, 14, 15, 16 and 18 shall survive any termination or expiration of this Agreement.

19. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on or through the Services. Company has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Sarah Smith, The Dyrt Inc., 220 NW 8th Ave, Portland, OR 97209, email: sarah at thedyrt.com, phone: 971-266-3695.

Please provide the following notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on this website that you claim is infringing, with enough detail so that we may locate it;
  3. 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;
  4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. 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;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

20. Entire Agreement. These terms and conditions are the entire agreement between you and Company and supersede any prior understandings or agreements (written or oral).

21. Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2016, The Dyrt, Inc.  ALL RIGHTS RESERVED.