Terms of Use
Welcome to DaveZillion ("DaveZillion.com" or "DaveZillion LLC" or "the Company"), the online community that connects
people who need an extra set of hands in order to get stuff done (the "DaveZillion Service" or the "Service"). DaveZillion also
allows members to choose from a list of contractors, moonlighters and other professionals for bigger projects that require
professional know-how. DaveZillion helps people get stuff done by providing an online platform for users to team up with
each other to get something done ("Get a Hand" or "Give a Hand") generally in the areas of home improvement and home
technology ("Projects").By using the DaveZillion Website, (the "Website" or "Site") you agree to be bound by these Terms of
Use (this "Agreement"), whether or not you register as a member of DaveZillion ("Member" or "User"). If you wish to
become a Member and make use of the DaveZillion Service (the "Service"), please read these Terms of Use. If you object to
anything in this Agreement or the DaveZillion Privacy Policy, do not use the Website or the Service. The Terms of Use are
subject to change by the Company at any time, effective upon posting on the DaveZillion website, and your use of the
Service after such posting will constitute acceptance by you of such changes.
b. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
c. Non-electronic Copy. You have the right to receive this Agreement in nonselectronic form. You may request a nonelectronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an email to support@davezillion.com or a letter and self-addressed stamped envelope to: DaveZillion LLC; 330 Madison Avenue, 6th Floor; New York, NY 10017.
d. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
e. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
b) Reliance on Content, Advice and all Other Communication Sources. Opinions, advice, statements, offers, newsletters, blogs, wikis or other information or content made available through the Service, directly or indirectly by DaveZillion, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. DaveZillion does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will DaveZillion or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
b. You understand and agree that DaveZillion may review and delete any content, messages, double blind emails, photos or portraits (collectively, "Content"), in each case in whole or in part, that in the sole judgment of DaveZillion violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. You also understand that DaveZillion has no obligation to monitor the Website, or monitor, control or edit the Content thereon, or monitor any use of the Service by Members, or remove inappropriate Content. DaveZillion is not responsible in any way for the Content or information posted by Members on any area of the Website, including, but not limited to Profiles and Messages, or otherwise posted through the Service.
c. By posting Content to any public area of DaveZillion, you automatically grant, and you represent and warrant that you have the right to grant, to DaveZillion, its affiliates, licensees and successors, an irrevocable, perpetual, nonexclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by DaveZillion will not infringe or violate the rights of any third party.
d. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
e. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to Give a Hand for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although DaveZillion cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24 hour period to a number which we deem appropriate in our sole discretion. f. All information you include in your Member Profile must be accurate, current and complete.
The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not post any content which is vulgar, profane, abusive or indecent, contains nudity, violence, or offensive subject matter, or that exploits people in a sexual or violent manner.
You will not do anything which involves the transmission of "junk mail", "chain letters", unsolicited mass mailing, or "spamming".
You will not express or imply that any statements you make are endorsed by DaveZillion without the Company's specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Service or the Website, without DaveZillion's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to DaveZillion or the Service or the site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
1. Acceptance of Terms of Use Agreement.
a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by DaveZillion from time to time, such modifications to be effective upon posting by DaveZillion on the Website. This Agreement includes DaveZillion's Acceptable Use Policy for Content Posted on the Website, DaveZillion's Privacy Policy, DaveZillion's subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.b. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
c. Non-electronic Copy. You have the right to receive this Agreement in nonselectronic form. You may request a nonelectronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an email to support@davezillion.com or a letter and self-addressed stamped envelope to: DaveZillion LLC; 330 Madison Avenue, 6th Floor; New York, NY 10017.
d. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
(i) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
(ii) Notice. To withdraw your consent, please send an email to support@davezillion.com or a letter and selfaddressed stamped envelope to: DaveZillion LLC; 330 Madison Avenue, 6th Floor; New York, NY 10017.
(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
e. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
2. Eligibility.
You must be at least eighteen (18) years of age to register as a member of DaveZillion or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your membership may be terminated without warning and you may be barred from any future use of the Website and/or the Service if you provide any information that is untrue, inaccurate, including but not limited to misrepresenting your age, or if DaveZillion has reasonable grounds to suspect that such information is untrue, or inaccurate. Your Membership is solely for your personal use, and you agree not to authorize others to use your Membership account. DaveZillion reserves the right to refuse or revoke Membership to anyone at any time for any reason.3. User Name and Password.
As part of the registration process, you will be asked to select a username and password. The Company may refuse to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is overly vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information in the My Account section and immediately notifying us by email at: support@davezillion.com. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.4. Membership Pricing.
You may become a Member of the Service at no cost and signing up for the basic DaveZillion account is free. As a Member, you will have the ability to participate in the features and services available within the Service. Certain other services and/or a fee-based subscription service(s) may be offered and provided to DaveZillion Members for a cost in the future. DaveZillion reserves the right to charge for the DaveZillion service or any portion thereof, modify the pricing of, add to, or discontinue the DaveZillion service or any portion thereof without prior notice. For purposes of this Agreement the term "Member" includes subscribers, unless where its usage indicates otherwise. Any fee based subscriptions services "Premium Services" do not have the right of refund and all sale or subscription arrangements are final. When a member chooses a monthly subscription payment plan through a credit card that they provided; cancellation of service will be administered by the Company thirty days subsequent to written notice. To notify DaveZillion of a subscription cancellation, the member must contact DaveZillion by sending an email to support@davezillion.com or a letter to: DaveZillion LLC; 330 Madison Avenue, 6th Floor, New York, NY 10017. When a member chooses an annual subscription payment plan through a credit card that they provided, annual renewal will be automatic after DaveZillion sends the member a renewal notification email thirty days prior to renewal date. Cancellation of an annual subscription/service plan will be administered by the Company up until renewal date with written notice. To notify DaveZillion of a subscription cancellation, the member must contact DaveZillion by sending an email to support@davezillion.com or a letter to: DaveZillion LLC; 330 Madison Avenue, 6th Floor; New York, NY 10017.5. Membership Term.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by emailing DaveZillion at: support@davezillion.com and requesting termination of your DaveZillion account; or by sending DaveZillion written notice of termination to DaveZillion LLC; 330 Madison Avenue, 6th Floor; New York, NY 10017. DaveZillion may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to DaveZillion. All decisions regarding the termination of accounts shall be made in the sole discretion of DaveZillion. DaveZillion is not required to provide you notice prior to terminating your membership and/or subscription. DaveZillion is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Furthermore, you agree that DaveZillion shall not be liable to you or any third party for termination of your Membership, denial of access to the Service, discontinuance of providing the Service, or deletion of your content, information, and files. The Service is currently available to you free of charge. By using the Service and by becoming a Member, you acknowledge, however, the DaveZillion reserves the right to charge for the Service or any part thereof and has the right to terminate your Membership should you fail to pay for the Service. If DaveZillion terminates your Membership, you will not be entitled to any refund of unused subscription fees, if any. Even after your Membership is terminated, this Agreement shall remain in full force and effect.6. Non-commercial Use by Members.
The Website is for the personal use of individual Members only and may only be used in connection with commercial endeavors that are intended by the spirit of the DaveZillion community; generally in the areas of home improvement and home technology ("Projects") by a member that register's him/herself as a professional contractor, moonlighter or retailer for the purposes of DaveZillion member posted Get a Hand Projects; and except those that are specifically endorsed and/or approved in writing by the management of DaveZillion. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any other purpose. Illegal and/or unauthorized uses of the Website, including collecting names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of DaveZillion, which may be revoked at any time, for any reason, in DaveZillion's sole discretion.7. Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify DaveZillion of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session; you should notify DaveZillion by sending an email to: support@davezillion.com. DaveZillion will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.8. Your Interactions with Other Members.
You are solely responsible for your interactions with other Members. You understand that DaveZillion does not in any way screen its Members, nor does DaveZillion inquire into the backgrounds of its Members or attempt to verify the statements of its Members. DaveZillion makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall DaveZillion be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, loss or damage of personal property, loss or damage to tangible and intangible property and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. You understand that DaveZillion makes no guarantees, either express or implied, regarding the suitability of contacts you make through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.9. Content on DaveZillion.
(a) Proprietary Rights. DaveZillion owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of DaveZillion, and its licensors. No redistribution allowed and content is being provided "AS IS" without any express or implied warranties. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information without gaining the express written permission from DaveZillion management prior to any intended use. In addition, you may not attempt to discover any source code used in connection with the Website and/or the Service. By agreeing to the terms herein, DaveZillion grants you a limited, nontransferable, revocable, nonexclusive license to reproduce and display the interface of the Website and/or the Service and content posted thereon (excluding any source code) solely for your personal use in connection with viewing the Website and using the Service. DaveZillion reserves the right to disclose any Content posted on the Website and/or through the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request.b) Reliance on Content, Advice and all Other Communication Sources. Opinions, advice, statements, offers, newsletters, blogs, wikis or other information or content made available through the Service, directly or indirectly by DaveZillion, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. DaveZillion does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will DaveZillion or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
10. Content Posted by You on DaveZillion.
a. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to DaveZillion, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify DaveZillion of such change. DaveZillion reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.b. You understand and agree that DaveZillion may review and delete any content, messages, double blind emails, photos or portraits (collectively, "Content"), in each case in whole or in part, that in the sole judgment of DaveZillion violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. You also understand that DaveZillion has no obligation to monitor the Website, or monitor, control or edit the Content thereon, or monitor any use of the Service by Members, or remove inappropriate Content. DaveZillion is not responsible in any way for the Content or information posted by Members on any area of the Website, including, but not limited to Profiles and Messages, or otherwise posted through the Service.
c. By posting Content to any public area of DaveZillion, you automatically grant, and you represent and warrant that you have the right to grant, to DaveZillion, its affiliates, licensees and successors, an irrevocable, perpetual, nonexclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by DaveZillion will not infringe or violate the rights of any third party.
d. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
e. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to Give a Hand for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although DaveZillion cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24 hour period to a number which we deem appropriate in our sole discretion. f. All information you include in your Member Profile must be accurate, current and complete.
11. Prohibited Activities.
DaveZillion reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not post any content which is vulgar, profane, abusive or indecent, contains nudity, violence, or offensive subject matter, or that exploits people in a sexual or violent manner.
You will not do anything which involves the transmission of "junk mail", "chain letters", unsolicited mass mailing, or "spamming".
You will not express or imply that any statements you make are endorsed by DaveZillion without the Company's specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Service or the Website, without DaveZillion's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to DaveZillion or the Service or the site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.