Last updated April 10, 2024.
1. Introduction
Welcome to ConstructoWiki! These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and ConstructoWiki.com (“we,” “us,” or “our”) governing your access to and use of the ConstructoWiki website, any subdomains thereof, any other websites through which ConstructoWiki makes its services available, mobile applications, and all associated services (collectively, “Service”).
By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy. If you are accessing or using the Service on behalf of a business or entity, you represent that you have the authority to bind that business or entity to these Terms and that you agree to these Terms on behalf of that business or entity.
2. Use of the Service
ConstructoWiki provides a collaborative online platform dedicated to the creation, sharing, and discussion of content related to construction, architecture, engineering, and related fields. The Service allows users to contribute content, including text, images, links, and other materials (“User Content”), and to access User Content provided by others.
Your access to and use of the Service is subject to your compliance with these Terms, including the following conditions:
- You must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is higher.
- You must provide accurate, current, and complete information during the registration process and keep your account information updated.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- You must comply with all applicable laws and regulations in your use of the Service and your interactions with other users.
3. User Content and Conduct
3.1 Content Ownership and License
You retain all rights in, and are solely responsible for, the User Content you post to ConstructoWiki. However, by posting User Content, you grant ConstructoWiki a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on ConstructoWiki for the purposes of operating, developing, providing, and using the Service. Nothing in these Terms shall restrict other legal rights ConstructoWiki may have to User Content, for example under other licenses.
3.2 Content Restrictions
You agree not to post User Content that:
- is illegal, fraudulent, defamatory, obscene, pornographic, vulgar, offensive, threatening, harassing, or otherwise inappropriate;
- infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;
- contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- impersonates any person or entity, including any ConstructoWiki employees or representatives.
3.3 User Conduct
You agree not to engage in any of the following prohibited activities:
- Attempting to access or search the Service or scrape or download User Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device, or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by ConstructoWiki or other generally available third-party web browsers.
- Sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation.
- Using any meta tags or other hidden text or metadata utilizing a ConstructoWiki trademark, logo, URL, or product name without ConstructoWiki’s express written consent.
- Using the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by ConstructoWiki or in any manner not permitted by the Terms.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Service to send altered, deceptive, or false source-identifying information.
- Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service.
- Interfering with, or attempting to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
- Collecting or storing any personally identifiable information from the Service from other users of the Service without their express permission.
- Impersonating or misrepresenting your affiliation with any person or entity.
- Violating any applicable law or regulation; or
- Encouraging or enabling any other individual to do any of the foregoing.
ConstructoWiki is not responsible for the content of User Content provided by users or third parties. We have the right, but not the obligation, to monitor or investigate any User Content or your use of the Service. We may also access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of ConstructoWiki, its users, and the public.
4. ConstructoWiki Rights and Ownership
4.1 Service Ownership
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, domain names, and other intellectual property rights, and any goodwill associated therewith, are the exclusive property of ConstructoWiki and its licensors (the “ConstructoWiki Content”). Except as explicitly provided herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any ConstructoWiki Content. Use of the ConstructoWiki Content for any purpose not expressly permitted by these Terms is strictly prohibited.
4.2 Feedback
You may choose to or we may invite you to submit comments, ideas, or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place ConstructoWiki under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ConstructoWiki does not waive any rights to use similar or related ideas previously known to ConstructoWiki, or developed by its employees, or obtained from sources other than you.
5. Privacy
Your access to and use of the Service is subject to ConstructoWiki’s Privacy Policy, which is available on the ConstructoWiki website. By using the Service, you agree to the collection and use of your information in accordance with our Privacy Policy.
6. Security
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. Third-Party Links, Sites, and Services
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ConstructoWiki. ConstructoWiki does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from ConstructoWiki, you do so at your own risk and you agree that ConstructoWiki will have no liability arising from your use of or access to any third-party website, service, or content.
8. Termination
ConstructoWiki may terminate or suspend your right to use the Service at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. Without limitation, ConstructoWiki may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of ConstructoWiki referenced herein. In addition, ConstructoWiki may terminate or suspend your right to use the Service if we believe that your actions may cause financial loss or legal liability for you, our users, or us.
9. Disclaimers
The Service is provided “as is,” without warranty of any kind. Without limiting the foregoing, ConstructoWiki explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade. ConstructoWiki makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. ConstructoWiki makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content.
10. Indemnity
You agree to defend, indemnify, and hold harmless ConstructoWiki and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
11. Limitation of Liability
To the maximum extent permitted by applicable law, neither ConstructoWiki nor its service providers involved in creating, producing, or delivering the Service will be liable for any incidental, special, exemplary, or consequential damages,
including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Service, from any communications, interactions, or meetings with other users of the Service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not ConstructoWiki has been informed of the possibility of such damage.
In no event will ConstructoWiki’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Service exceed the amounts you have paid to ConstructoWiki for use of the Service or one hundred dollars ($100), if you have not had any payment obligations to ConstructoWiki, as applicable.
The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between ConstructoWiki and you.
12. Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the jurisdiction in which the headquarters of ConstructoWiki is located, without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the jurisdiction where ConstructoWiki’s headquarters is located, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
13. General Terms
13.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between ConstructoWiki and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ConstructoWiki and you regarding the Service and content.
13.2 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without ConstructoWiki’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. ConstructoWiki may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
13.3 Notices
Any notices or other communications provided by ConstructoWiki under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
13.4 Waiver of Rights
ConstructoWiki’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ConstructoWiki.
13.5 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.
13.6 Headings
The headings in these Terms are for reference only and do not affect the interpretation of these Terms.
13.7 Changes to Terms
ConstructoWiki reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
14. Contact Information
If you have any questions about these Terms, please contact us at the contact information provided on the ConstructoWiki website.
