Welcome to FixerSisters
Scope of Services
FixerSisters is an online membership site that enables registered users (“Sisters”) to publish their DIY projects (“Fixes”) on the FixerSisters site and to communicate directly with other Sisters who are available to help (“Helpers”) Sisters hosting Fixes (“Hosts”). FixerSisters is a labor exchange only. No money or other items of value may be traded for assistance with Fixes.
If you agree to the TOU and (1) are of sufficient age (18 or over) and capacity to use FixerSisters and be bound by the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use FixerSisters in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from FixerSisters, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub-licensable license to use, copy, display, distribute, and make derivative works from content you post.
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with FixerSisters, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of FixerSisters’ policies or rules. You agree not to abuse FixerSisters’ flagging or reporting processes. You agree not to collect FixerSisters user information or interfere with FixerSisters. You agree we may moderate FixerSisters access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available FixerSisters or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide FixerSisters, (iii) combine or integrate FixerSisters or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects FixerSisters or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use FixerSisters or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
You further agree not to violate the TOU, or encourage, support, benefit from, or induce others to do so by: (A) collecting/harvesting FixerSisters users’ information, including personal or identifying information; (B) publishing/misusing personal or identifying information of a third party in connection with your use of FixerSisters without that party’s express written consent; (C) misrepresenting your identity or affiliation to anyone in connection with your use of FixerSisters; (D) sending an unauthorized/unsolicited email to an email address obtained from FixerSisters; (E) using FixerSisters user information to make/send an unauthorized/unsolicited text message, call, or communication to a FixerSisters user; (F) creating a misleading or unlawful FixerSisters account or buying/selling a FixerSisters account; (I) abusing or attempting to abuse FixerSisters’ flagging or reporting processes; (J) distributing any software to facilitate violations of the USE Section; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting FixerSisters content for any purpose without our express written consent; (M) bypassing or attempting to bypass our moderation efforts.
Disclaimer & Liability
As a Sister you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of FixerSisters and your Hosting or Helping with a Fix, or any other interaction you have with other Users whether in person or online remains with you.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations, insurance and/or permit requirements that apply to their Fixes.
FixerSisters has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Fixes, (ii) the truth or accuracy of any Sister, Host/Helper or Fix descriptions. Any references to a Sister being “verified” (or similar language) only indicate that the Sister has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by FixerSisters about any Sister, including of the Sister’s identity or background or whether the Sister is trustworthy, safe or suitable. Users should always exercise due diligence and care when deciding whether to attend a Fix or communicate and interact with other users, whether online or in person.
If you feel that any Sister you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities, and when possible, notify a FixerSisters admin.
To the full extent permitted by law, FixerSisters, LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“FixerSisters Entities”) (1) make no promises, warranties, or representations as to FixerSisters, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with FixerSisters. FixerSisters Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to FixerSisters, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
FixerSisters may make access to and use of FixerSisters, or certain areas or features of FixerSisters, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings thresholds, or a Sister’s booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Sister’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of users, (ii) screen users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Sister, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
The access to or use of certain areas and features of FixerSisters may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of FixerSisters. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of FixerSisters, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
Ratings and Reviews
Within a certain timeframe after completing a Fix, Hosts and Helpers can submit a star rating (“Rating”) about each other. Ratings will be reflected in Sisters’ profiles after the fifth rating is received. Thereafter, ratings will be adjusted after every third rating. This is to preserve anonymity and prevent an individual rating from disproportionately affecting a Sister’s rating. Ratings reflect the opinions of individual users and do not reflect the opinion of FixerSisters.
Community and Social Media Sites, Chat Rooms, Forums, and Blogs
FixerSisters wants to encourage an open exchange of information and ideas, but we cannot and do not review every posting made on FixerSisters’ community and social media site, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff.
There is no substitute for healthy skepticism and your own good judgment. Responsibility for what is posted on FixerSisters’ community and social media site, or in chat rooms, forums, blogs and other public posting areas on FixerSisters lies with each user – you alone are responsible for material you post. FixerSisters does not control the messages, information or other content that you or others may provide through FixerSisters. You may use FixerSisters for lawful purposes only.
By using FixerSisters, you agree not to submit, post or transmit through FixerSisters any material or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of FixerSisters.
- Contains an advertisement or solicitation or encourages others to make a donation;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Results in the posting or transmission of any message anonymously or under a false name;
- Permits any person to access, using your account, any features of FixerSisters that may require registration; or
- Violates this TOU, guidelines or any policy posted on FixerSisters, or interferes with the use of FixerSisters by others.
FixerSisters shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to photo or video submissions, submitted to or posted on FixerSisters for any reason, including violation of this TOU, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and submissions. You acknowledge and agree that neither FixerSisters nor any of its affiliates shall assume or have any liability for any action or inaction by FixerSisters with respect to any conduct within FixerSisters or any communication or posting on FixerSisters. FixerSisters also reserves the right to disclose any information that FixerSisters believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
FixerSisters requires you not to use FixerSisters to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to FixerSisters, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
Users agree not to use FixerSisters to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without express written approval.
No Spamming or Spimming
From time to time, Sisters post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. Users may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to FixerSisters (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of FixerSisters, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Claims & Indemnity
Any claim, cause of action, demand, or dispute arising from or related to FixerSisters (“Claims”) will be governed by the internal laws of North Carolina, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Durham, NC (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Durham, NC; (2) indemnify and hold FixerSisters Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of FixerSisters; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access FixerSisters thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The Use and Claims & Indemnity sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.