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Terms of Use

Important Information

You should carefully read the following Terms and Use (also referred to as the “Terms of Use”, “Terms of Service” or “TOS”). Your use of our service(s) implies that you have read and accepted these Terms and Conditions. The Website (all Timber Frame Headquarters websites may hereafter be referred to, both individually and collectively, as “The Website”) from which you accessed this agreement is provided to you subject to the conditions listed below. These terms are in addition to any other terms that individual Website owners within the Timber Frame Headquarters may include for governing access to their Websites.

Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.

The access rights granted to you under the Terms Of Use are non-transferable without the express written permission of the owner of Timber Frame Headquarters. You are responsible for the actions of any other person who may utilize your access rights on the Timber Frame Headquarters Website.

Introduction

The following terms and conditions govern all use of the Timber Frame Headquarters Website(s) and all content, services and products available at or through the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other associated operating rules and policies (including, without limitation, Timber Frame Headquarters Privacy Policy).

Please read this Agreement carefully before accessing or using the Timber Frame Headquarters Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the Timber Frame Headquarters, acceptance is expressly limited to these terms.

The Website is available only to individuals who are at least 13 years old. If you are not yet 13 years old, you must stop using the Website immediately or else provide Timber Frame Headquarters with written parental approval.

Our basic products and services are free to both Website owners & individual users. However we may offer some paid upgrades for advanced features such as domain hosting or extra disk space or bandwidth.

Our products and services are designed to give Website owners as much control and ownership over their site as possible and to encourage users/members to express themselves freely. However, each site owner must be responsible for the content of their site. In particular, as a site owner, you must make certain that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).

SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS

A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.

Email addresses on the Timber Frame Headquarters are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.

Ownership

You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of Timber Frame Headquarters. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with Timber Frame Headquarters) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.

PLAN PURCHASES AND GRANT OF LICENSE

This Copyright License Agreement (herein “Agreement”) governs your license with regard to the plans provided to you by Timber Frame HQ (“Timber Frame”).

Grant of License.

Subject to the terms of this Agreement, Timber Frame grants you a non-exclusive, non-sub-licensable and non-transferable license to use the plans purchased from the Timber Frame website or otherwise provided to you by Timber Frame (the “License”).

This License is personal to you only. You may not use the License for any other purpose except for personal purposes. Commercial use of the License is strictly prohibited. Provided you abide by the terms of this Agreement, the term of the License will continue in full force and effect. If you are in default or in breach of your obligations under this Agreement this License automatically terminates.

Use of License.

Only you may use the License, and such use shall be limited as stated above. While Timber Frame HQ provides plans under the License for construction purposes, Timber Frame does not oversee the construction. Your are responsible for assuring the plan meets local codes and regulations. It is your responsibility to obtain any and all structural analysis, engineering, and specifications that may be required in the municipality in which it is to be built. You are to verify all lot conditions and measurements before construction. You are responsible for additional expenses incurred in order to meet local code and engineering requirements.

When you purchase a set of plans, you are purchasing a limited copyright license for a design giving you the right to build that structure one time at your location. Your License was granted when you paid the purchase fee. You do not have the right to build the design a second time unless you have a signed agreement with Timber Frame HQ.

Ownership.

All materials provided under this License are owned by Timber Frame. Any License granted under this Agreement shall only convey a non-exclusive, non-sub-licensable, and non-transferable right to use the plans in accordance with the terms of this Agreement.

Fees.

The fee for the license granted under this Agreement is the price paid when you purchase the plans (the “License Fee”).

Termination of License

This Agreement and the License granted hereunder will terminate immediately upon:

(a) Violation. The violation or breach of any term of this Agreement by you or any other person you allow to use your License.

(b) Attempted Assignment. Your attempted assignment, sublicense, or transfer of this Agreement or any license granted under this Agreement.

Upon the termination or expiration of this you must immediately cease using the plans. Termination will not entitle you to any refund of the License Fees. You will remain liable for your violations or breaches of this Agreement that occurred before the termination of this Agreement.

No Derivative Works. No Reproduction. No Modification.

You are expressly prohibited from creating any derivative works in the plans or permit any other person to create any such derivative works. You are further expressly prohibited from reproducing the plans in any fashion on any medium. You may not modify the plans. Your License does not allow others to represent our design work as their own. Any commercial use of the plans is strictly prohibited.

Reservation of Rights.

Timber Frame HQ retains all common law, statutory, and other reserved rights, including the copyright. This applies even when you have participated in the development of the design to a significant degree.

DISCLAIMER OF WARRANTIES.

EXCEPT FOR TIMBER FRAME’S WARRANTIES THAT TIMBER FRAME POSSESSES THE RIGHT TO LICENSE THE PLANS TO THE YOU AND THAT THE PLANS WILL NOT INFRINGE UPON ANY OTHER PERSON’S INTELLECTUAL PROPERTY RIGHTS IN EXISTENCE AS OF THE DATE OF THE EFFECTIVE DATE OF THIS AGREEMENT, WHICH IS THE LATER DATE SHOWN BELOW, TIMBER FRAME IS PROVIDING THE PLANS “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND TIMBER FRAME EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTY OF DESIGN, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. IN ADDITION, TIMBER FRAME SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE PLANS WILL BE ERROR FREE AND TIMBER FRAME WILL NOT BE RESPONSIBLE FOR ANY LOSS SUFFERED BY YOU BECAUSE OF THE PLANS OR OTHERWISE.

Your Timber Frame Headquarters Account and Site.

If you create a site with Timber Frame Headquarters, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Timber Frame Headquarters may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Timber Frame Headquarters to be positioned for possible liability. You must immediately notify Timber Frame Headquarters of any unauthorized uses of your site, your account or any other breaches of security. Timber Frame Headquarters will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you operate a Website, comment on a Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other type of electronic content. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful;
  • your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Timber Frame Headquarters or otherwise.

By submitting Content to Timber Frame Headquarters for inclusion on the Website, you grant Timber Frame Headquarters a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site or Content. If you delete Content and advise Timber Frame Headquarters, Timber Frame Headquarters will use reasonable efforts to remove said Content from the Website (generally within two business days), but you acknowledge that caching and/or other references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Timber Frame Headquarters has the right (though not the obligation) to, in Timber Frame Headquarters’s sole discretion (i) refuse or remove any content that, in Timber Frame Headquarters’s reasonable opinion, violates any Timber Frame Headquarters’s policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Timber Frame Headquarters’s sole discretion. Timber Frame Headquarters will have no obligation to provide a refund of any amounts previously paid.

Fees and Payment.

Optional premium paid services (such as domain purchases, etc.) may be available on the Website. By selecting a premium service you agree to pay Timber Frame Headquarters the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

Responsibility of Website Visitors.

Timber Frame Headquarters has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Timber Frame Headquarters does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to Timber Frame Headquarters. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to Timber Frame Headquarters. Timber Frame Headquarters disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and WebPages to which Timber Frame Headquarters links, and that link to Timber Frame Headquarters. Timber Frame Headquarters does not have any control over those non-Timber Frame Headquarters Websites and WebPages, and is not responsible for their contents or their use. By linking to a non-Timber Frame Headquarters Website or webpage, Timber Frame Headquarters does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Timber Frame Headquarters disclaims any responsibility for any harm resulting from your use of non-Timber Frame Headquarters Websites and WebPages.

Copyright Infringement and DMCA Policy.

As Timber Frame Headquarters asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Timber Frame Headquarters violates your copyright, you are encouraged to notify Timber Frame Headquarters. Timber Frame Headquarters will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Timber Frame Headquarters or others, Timber Frame Headquarters may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Timber Frame Headquarters will have no obligation to provide a refund of any amounts previously paid to Timber Frame Headquarters.

Intellectual Property.

This Agreement does not transfer from Timber Frame Headquarters to you any Timber Frame Headquarters or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Timber Frame Headquarters. Timber Frame Headquarters, the Timber Frame Headquarters domain, the Timber Frame Headquarters logo, and all other trademarks, service marks, graphics and logos used in connection with Timber Frame Headquarters, or the Website are trademarks or registered trademarks of Timber Frame Headquarters or Timber Frame Headquarters’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Timber Frame Headquarters or third-party trademarks.

Changes.

Timber Frame Headquarters reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Timber Frame Headquarters may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Timber Frame Headquarters may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Timber Frame Headquarters account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP, Premium or other Paid Services account, such account can only be terminated by Timber Frame Headquarters if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Timber Frame Headquarters’s notice to you thereof; provided that, Timber Frame Headquarters can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The materials on Timber Frame Headquarters’s Website are provided ‘as is’. Timber Frame Headquarters makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Timber Frame Headquarters does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability.

In no event will Timber Frame Headquarters, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Timber Frame Headquarters under this agreement during the twelve (12) month period prior to the cause of action. Timber Frame Headquarters shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Timber Frame Headquarters  Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Timber Frame Headquarters, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.

APPLICABLE LAW AND JURISDICTION

Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.

RECORDS OF VISITOR USE AND ABUSE

You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.

VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

Site Terms of Use Modifications

Timber Frame Headquarters may revise these Terms of Use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

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