LAST UPDATED: 7-23-2019
NOTIFICATION OF CHANGES
Make Community, LLC (“Make Community,” “us,” or “we”) owns and operates make.co, makezine.com, makerfaire.com, makershare.com, makershed.com, makercamp.com, makerspaces.make.co, community.make.co, learn.make.co and all associated services (together, “Make Community Services” or the “Services”).
PURPOSE AND SCOPE
PERSONAL INFORMATION WE MAY COLLECT
Make Community may collect various types of personal information, including:
- Personal and business contact information (such as name, billing and shipping address, phone number, email address, and social media/messaging account ID)
- Account ID
- Profile picture
- Social media postings and information
- Payment card, digital wallet, or other payment service information
Depending on the service we are providing to you, we may also need to collect more sensitive personal information (such as location or birth date) directly from you.
If you submit any personal information about other people to us or to our service providers, you represent that you have the authority to do so and to permit us to use their personal information in accordance with this Privacy Notice.
We and our service providers may collect personal information from a variety of sources, including:
- From you or someone acting on your behalf. We may collect personal information you or someone acting on your behalf shares with us such as your name and contact details.
- Through Make Community Services. We may collect personal information about you when you create a login, for example, when you sign up for a newsletter, make a purchase, or use or install our products or apps.
- Through Third Party Services. We may collect personal information about you when you use third party services that utilize the Make Community Services.
- Offsite. We may collect personal information you provide to us off this site, such as when you visit our respective websites, stores, attend one of our events, place a verbal order over the phone or contact community management or customer services.
- From Other Sources. We may collect your personal information from other sources, such as public databases, joint marketing partners, and social media platforms. We may also receive your personal information from people with whom you are “friends” or otherwise connected on social media platforms. For example, if you elect to connect your social media account to your Make Community login account, certain personal information from your social media account will be shared with us. Such information may include personal information that is part of your social media profile or your friends’ profiles. Similarly, if your social media “friends” connect their social media account to their Make Community login account, information about you may be shared with us via this “friend” connection.
OTHER INFORMATION WE MAY COLLECT
Make Community may also collect other information from your app, browser, or device that does not reveal your (or anyone else’s) real world identity, for example:
- Browser and device information
- App or device usage data
- Information collected through cookies, pixel tags, and similar technologies
- IP address
- Location data
- Aggregated, anonymized, or de-identified information
- Demographic information and other information provided by you (i.e., language, occupation, postal code).
We and our third-party service providers may collect this information in a variety of ways, including:
- Through your browser or device. Most browsers and devices collect certain information automatically, for example, type and version of operating system, screen resolution, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services (such as the app) you are using. We use this information, for example, to make sure that the Make Community Services function properly, analyze the performance of our products, and improve and maintain our Services. Our Services may track and collect usage data, such as the date and time your device accesses our servers and what information and files have been downloaded.
- IP Address. IP addresses are automatically transmitted as part of any Internet communication, and collecting IP addresses is a common practice; many websites, applications and other Make Community Services collect IP addresses automatically. We use IP addresses for purposes such as communicating with your device, calculating usage levels of the Services, helping diagnose server problems, security, and administering all domains owned and operated by Make Community.
- Location Data. We may collect the physical location of a connected device, for example, using satellite, cell phone tower, and WiFi signals. We may use your device’s physical location to provide you with personalized location-based services, content, and advertising. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. You can choose whether to allow or deny uses and/or sharing of your device’s location by changing your device settings, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized Make Community Services, content, and advertising.
HOW WE MAY USE YOUR INFORMATION
We may use personal information in the following ways:
- Events. When you register for a Make Community event, we will send you email announcements and updates about Make Community events and conferences and may use your personal information to notify you of other services that Make Community provides.
- Purchases. When you order directly from us, we add you to our newsletters list and, unless and until you opt out, we’ll send you update emails and other marketing pieces.
- Contests & Giveaways. To allow you to participate in surveys, sweepstakes, contests, and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain more information about how we use and disclose your personal information, so we suggest that you read these rules carefully. When you enter a contest or giveaway, we may ask for your name, address, and email address so we can administer the contest and communicate with entrants about the results.
- Customer Service. To respond to your inquiries and fulfill your requests.
- Newsletters. When you sign up online to receive a newsletter, we use your email address to distribute the newsletter and administer your account.
- Marketing. To send you and to allow third parties to send you other marketing communications that we believe may be of interest to you, in accordance with your communication preferences.
- Personalized Content. To personalize your experience by presenting content tailored to you.
- Competitions. To communicate status of competitions or to deliver prizes for challenges organized by Make Community or a third party.
- Business Purposes. To conduct audits, crime/fraud monitoring and prevention, security, developing new products, testing, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities. We may also perform accounting, auditing, billing, reconciliation, and collection activities.
- Administrative. To send administrative information and service notifications to you, for example, information regarding changes to our terms, conditions, and policies.
- Other Activities. To perform other activities consistent with this Notice.
Combined Information. We may combine other information with personal information (such as combining your name with your postal code). If we combine any other information with personal information, we will treat the combined information as personal information as long as it is combined and is personally identifiable.
Make Community may also use your personal information to deliver specific services on selected websites. These include:
Creating an Account on Maker Faire: To submit information about yourself and your projects for a Call for Makers application for a flagship Maker Faire event, you need to have an account. During account creation, we ask you for your email address. Other users cannot see your email address.
The application allows you to indicate what information you provide about yourself, your project(s), and your project collaborators is available for publication; all information indicated as Public may be published on other Make Community Services. Information indicated in the application as Private is shared only with the Maker Faire production team for purposes of organizing the event.
Messaging on Maker Share: To identify you to anyone to whom you send messages using the Maker Share Services, using only the data that you have made public in your profile.
Creating an Account on Maker Share: To submit posts, to comment on other users’ projects, or to follow other users on makershare.com, you need to have an account. During account creation, we ask you for your real name, location, and email address, and we assign you a user name. Other users can see your real name, username and location, but not your email address. When you create a profile on Maker Share, we will send you email informing you of your profile activity, such as new followers. The information we collect about you when you are logged into Maker Share, such as which projects you like or interests you identify on your profile, helps us recommend content to you. This information and data about your activities on our site may be used in a number of ways, including the following:
- To improve the content of the Maker Share and MakerSpace websites, including by allowing Make Community editors to consult with readers.
- To communicate with users about registration and other customer service issues.
- To promote our products and services.
- To conduct research surveys.
Creating an Account on Makezine.com
You do not need to create an account to use makezine.com. However, if you wish to comment on a story on makezine.com, you need to login with your Facebook, Twitter, Google or Disqus account in order to use the third party commenting service provided by Disqus. The Make: team has access to the user’s email and IP addresses for purposes of moderating comments; we do not publish these emails, share with third-parties or market to email addresses obtained through the Disqus service.
HOW WE SHARE YOUR INFORMATION
- To our affiliate entities and subsidiaries for the purposes described in this Privacy Notice.
- To our authorized service providers and suppliers who provide services to us such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
- To third parties we retain to perform functions on our behalf, such as fulfilling orders, processing credit card payments, managing mailing lists, and delivering packages. These third parties are restricted from using your information for any other purpose.
- To third parties to permit them to send you marketing communications, as permitted under applicable law and in accordance with your communication preferences.
- To third party sponsors of sweepstakes, contests, and similar promotions.
- To a third party in the event of any contemplated or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
- As we believe is required, necessary, or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process and/or to respond to requests from competent public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations and those of any of our affiliates; (f) to protect our rights, privacy, security, safety, and physical and intellectual property, and/or the rights of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
We are offering Make Community Services internationally. As such, we may transfer your personal information across national lines when processing that information for the purposes described in this Privacy Notice. We may also transfer your personal information to our third party service providers, who may be located in a different country to you.
We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
HOW YOU SHARE YOUR INFORMATION
You may share your information on message boards, forums, chat, profile pages and blogs to which you are able to post information and materials. Please note that any such information you post or disclose in public forums will become public information, and may be available to users and to the general public. We urge you to be very careful when deciding to disclose your personal information, or any other information, online.
HOW WE PROTECT YOUR INFORMATION
Other than as described above, we do not share personally identifiable information about you with any other person, company, or organization, except (a) as required to comply with our obligations under the law, and (b) for technical reasons, if we are required to transfer the data on our servers to another location or organization.
- Make Community has in place physical and electronic procedures to protect the information we collect through the Services. We strictly limit individual access to our servers and the data we store on them. However, as effective as these measures are, no security system is impenetrable. We cannot completely guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet.
- All Make Community Services are designed to provide reasonable and appropriate organizational, technical, and administrative measures to protect personal information within our organization against unauthorized or unlawful access, alteration, disclosure, or destruction. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Users of Make Community Services must also do their part in protecting the data, systems, networks, and service they are utilizing. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that your password to your account has been compromised), please immediately notify us by contacting us in accordance with the “Contact Us” section below.
USE OF MAKER MEDIA SERVICES BY MINORS
We comply with the Children’s Online Privacy Protection Act of the United States and similar laws around the world where applicable to our Services. We do not knowingly collect personal information from children without proper parental consent. If you believe that we may have collected personal information from someone under the age of thirteen (13), or under the applicable age of consent in your country, without parental consent, please let us know using the methods described in the Contact Us section and we will take appropriate measures to investigate and address the issue promptly.
THIRD-PARTY SERVICES AND ADVERTISERS
Make Community Services does not share your personal information with non-affiliated third parties for their own marketing use without your permission.
When we share personal information with a service provider, we require that they first contractually agree to comply with reasonable and appropriate privacy and security standards.
HOW YOU CAN MANAGE YOUR PERSONAL INFORMATION
We give you many choices regarding our use and disclosure of your personal information for marketing purposes. You may update and request access to your contact details and communication preferences by using one of the following methods: visit the specific website and access Account Settings; use the online Help link; use the “unsubscribe” link, or send a letter to the postal address below.
You may choose to update your communication preferences for the following types of marketing activities:
- To accept or refuse receiving marketing-related messages from us in the future.
- To accept or refuse our sharing of your personal information with affiliates and subsidiaries so that they may market directly to you.
- To accept or refuse our sharing of your personal information with non-affiliated third parties so that they may market directly to you. You can also unsubscribe from Make Community marketing-related messages by following the unsubscribe instructions included in each marketing-related message sent to you. Please also note that if you do choose not to receive marketing-related emails from us, we may still send you important administrative and transactional messages (i.e., service notifications) about your Make Community Services.
For your protection, we will only implement requests with respect to personal information about you (not anyone else), and we may need to verify your identity before implementing your request. We will comply with your request as soon as reasonably practicable and in accordance with applicable law. We may need to retain certain information for recordkeeping purposes, as required under applicable legal obligations, and/or to complete any transactions that you began prior to requesting such change or deletion. Some of your information may remain within our systems and other records, in compliance with applicable law.
HOW TO CONTACT US
If you have questions or concerns about our privacy practices, you can contact us by using the online Make Community Help Desk or send a letter to the postal address listed below. Please include your contact information, name of the Make Community website, and a detailed description of your request or privacy concern.
Make Community, LLC
708 Gravenstein Hwy N Box #239
Sebastopol, CA 95472
LAST UPDATED: 7-23-2019
NOTIFICATION OF CHANGES
These Terms of Service (“Terms”) constitute an agreement between you and Make Community, LLC (“Make Community,” “us,” or “we”) which governs your use of our websites, which include make.co, makezine.com, makerfaire.com, makershare.com, makershed.com, makercamp.com, makerspaces.make.co, community.make.co, learn.make.co and all associated services (together, “the Services”).
Please read these Terms carefully. By using the Services, you affirm that you have read, understood, and accepted these Terms. If you do not agree with any of these Terms, please do not use the Services.
PURPOSE AND SCOPE
We may provide activity or program specific Terms of Service, for example when we provide interactive Materials and/or enable User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.
Member Account, Password, and Security
Make Community Services may, from time to time, host a program or activity specific site that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Make Community immediately of any unauthorized use of your account or any other breach of security here. Make Community will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Make Community or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Make Community has the right to suspend your account for violations of these Terms. We reserve the sole right to determine what constitutes a violation. Repeat violators may have their account deleted. We also reserve the right to terminate any account used to circumvent prior enforcement of these Terms.
Storage Practices and Limits
The information we collect may be stored and processed in servers in the United States or in facilities around the globe and in accordance with local laws.
While we will make efforts we believe are reasonable to safeguard and back up your content, such as text written to describe your projects or photos of your projects, and to make your content available in case of loss or deletion, we have no responsibility or liability for the deletion, failure to store, or security of any Content, including Your Content.
Back up Your Content!
We reserve the right to mark or treat as “inactive” and archive accounts and/or Content that are inactive for an extended period of time as we determine in our sole discretion.
Personal Non-Commercial Use
All Make Community Services are for personal and non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.
No Unlawful or Prohibited Use
You may not:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Use the Materials or Services or activities to “stalk” or otherwise harass or harm another
- Impersonate any person or entity, including, but not limited to, a Make Community official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services or Materials;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as personally identifying information of another user, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available 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 may not use the Services or Materials in any manner that could damage, disable, overburden, or impair any Make Community server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Services or Materials or interfere with any other party’s use and enjoyment of the Websites or Materials;
- You may not attempt to gain unauthorized access to any Services or Material, other accounts, computer systems or networks connected to any Make Community server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Websites or Materials;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
OWNERSHIP OF SERVICES AND MATERIALS
You acknowledge and agree that Make Community owns all legal rights, title and interest in and to the Services and Materials, including any Make Community trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Make Community’s prior written permission. Except as expressly provided herein, Make Community does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
LINKS TO THIRD PARTY SITES
The Services may provide links to and from online, mobile and other platform sites and services (such as advertisers and e-commerce providers) that are not under our control. We are not responsible for such online sites or services, including any content, products or services offered or made available through such sites or services, or any interactions you may have with third parties through such sites or services. Your use of any such sites or services is at your own risk, and is subject to the terms or conditions of such sites or services.
You grant to us a royalty-free, worldwide, irrevocable, perpetual license to use, publish, edit, translate, distribute, display and incorporate any ratings, comments, suggestions, feedback, improvement requests or other recommendations you provide relating to the Services (“Feedback”). You should not submit any Feedback to us that you do not wish to license to us as stated above. We have no obligation (1) to maintain any Feedback in confidence; (2) to pay any compensation for any Feedback; or (3) to respond to any Feedback. You grant us the right to use the name that you submit in connection with any Feedback.
USER CONTENT SUBMISSIONS
User content submissions may include, but not limited to, user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the “User Content”) on any part of Make Community Services. The content submitted by users is referred to here after as “User Content”.
All User Content is provided as-is. We make no warranties about the accuracy or reliability of any User Content. We do not endorse any views, opinions, or advice expressed in User Content. Make Community shall have no liability arising from User Content.
OWNERSHIP OF USER CONTENT
Make Community does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Websites or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Websites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. Make Community is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Make Community representative, any material, information or other communication you transmit or post to a website will be considered non- confidential and non-proprietary.
Make Community does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Make Community expressly disclaims any and all liability in connection with User Content submissions. Make Community does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and Make Community will remove User Content if properly notified that such submission infringes on another’s intellectual property rights in accordance with the DMCA provisions. Make Community reserves the right to remove User Content at its sole discretion and without prior notice.
By posting and allowing others to access or use your content, you grant to Make Community and all users of the Maker Share Service a license to use and reproduce your content under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license (available at https://creativecommons.org/licenses/by-nc-sa/4.0/) Additionally, to the extent permitted under applicable law, you agree not to assert any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral,” or similar rights, in connection with your content. By agreeing to these rights, you allow others to share, redistribute, remix, transform, and build upon your content as long as they provide attribution to you, link to the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license (https://creativecommons.org/licenses/by-nc-sa/4.0/)and identify any changes made to your content.
This license also allows the Make Community Team to display, distribute, and reproduce your content on any website owned and operated by Make Community. You are solely responsible and liable for the consequences of posting and making your content available and allowing others to access and/or use it. You acknowledge and agree that your content may be viewed worldwide.
If you do not want to license your content under Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license, then do not share it on Maker Share.
USER SUBMITTED CODE
Any user submitted code or materials posted on a Make Community Website is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. Make Community is not responsible for user submitted code nor warrants that it will work correctly.
MODERATION OR PRE-SCREENING
WARRANTIES AND REPRESENTATIONS
COPYRIGHT INFRINGEMENT CLAIMS
Make Community maintains a procedure for copyright holders to report claims of copyright infringement on Maker Share. If you believe someone has posted Content that belongs to you, you should make a claim using one of the Report Project links on the website.
Make Community representatives will try to resolve all claims of copyright infringement between users of the website. Similarly, if someone believes that Content you have posted violates their copyright, we will use the procedure to give you a chance to prove you have the right to post the Content. We have the right under the procedure to take down disputed Content.
If the Make Community team is unable to resolve copyright disputes on Maker Share or copyright holders report infringement on other Make Community Websites, Make Community maintains a procedure for copyright holders to report claims of copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). The procedure is described at https://make.co/terms-and-privacy-policy/#dmca.
INTERACTIONS WITH OTHER USERS AND SERVICES
The Services may provide you the ability to interact with other users or groups of users of the Services. Such interactions are solely between you and such other users, and we are not responsible or liable for such interactions or any consequences thereof.
LINKS TO OTHER MATERIALS OR WEBSITES
Make Community does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party websites linked to by Make Community Services, you do this entirely at your own risk.
THIRD PARTY CONTENT
Services and Materials may contain third party submitted content; such content is not reviewed, approved or endorsed by Make Community and is provided solely as a convenience to our customers and users.
NOTICE SPECIFIC TO DOCUMENTS DISTRIBUTED ON MAKER SHARE
Permission to use white papers, press releases, datasheets, specification documents, excerpts and articles from books and periodicals, FAQs etc. (“Documents”) from the Maker Share Website (“Website”) is granted, provided that (1) the copyright notice accompanying any Documents used appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Website or any other Make Community owned, operated, licensed or controlled site. Elements of the Website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Make Community website may be copied or retransmitted unless expressly permitted by Make Community.
NOTICES AND DISCLOSURES
Exclusions of Warranty
The Materials posted on this website are provided by Make Community for informational purposes only. Make Community does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Services or Materials.
Without limiting the foregoing, copying or reproduction of Make Community software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Make Community hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, Make Community may make available as part of the website or in its software products, tools and utilities for use and/or download. Make Community does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the Services.
You expressly understand and agree that:
Your use of the Services and Materials is at your sole risk and that the services are provided “as is” and “as available” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose.
Any Materials downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such Materials.
In no event shall Make Community or their respective suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the Services or Materials, even if any of them have been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
LIMITATION OF LIABILITY
You expressly understand and agree that Make Community and their respective licensors shall not be liable to you for any of the following:
- In no event shall Make Community and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of any software, documents, provision of or failure to provide services, or information available from the Services.
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any content, or any changes Make Community may make to the Services, documents, websites, content or for any permanent or temporary cessation in the provision of the website (or any features within the websites); or if applicable, your failure to keep your password or account details secure and confidential.
MAKE COMMUNITY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON OR IN THE WEBSITE, SERVICES, OR MATERIALS FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MAKE COMMUNITY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MAKE COMMUNITY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITES, MATERIALS, OR SERVICES. THESE LIMITATIONS ON MAKE COMMUNITY’S LIABILITY SHALL APPLY WHETHER OR NOT IT HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBLITY OF ANY SUCH LOSSES.
CHANGES AND UPDATES
Make Community reserves the right to modify or discontinue, temporarily or permanently, Services or Materials (or any part thereof) with or without notice. Make Community makes no commitment to update the Services or Materials.
Designers must not rely on the absence or characteristics of any features or instructions marked “reserved” or “undefined.” Make Community reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them.
User access to the Services is governed by all applicable federal, state and local laws. All information available on the Services is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
LAST UPDATED: 7-23-2019
Claims Regarding Copyright Infringement / Notice of Alleged Copyright Infringement
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Make Community, LLC (“the Company”) has implemented procedures for receiving written notification of claimed copyright infringement. The Company has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a notice.
To be effective, a notice must be a written communication provided to the Company’s Copyright Agent and must contain:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location of the material that you claim is infringing;
- Your telephone number and e-mail address;
- 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; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Company’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:
By email to:
By mail to:
Make Community Inc.
708 Gravenstein Hwy N Box #239Sebastopol, CA 95472
Attn: Copyright Agent
Upon receipt of the notice containing the required information, the Company may:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to the channel application developer and/or service provider who is providing the allegedly infringing content, along with your contact information; and take reasonable steps to promptly notify the channel application developer and/or service provider that the Company has removed or disabled access to the allegedly infringing material and that the channel application developer and/or service provider may respond with a Counter-Notice.
- Terminate the channel application developer’s and/or service provider’s account in the case of repeat infringement if no Counter-Notice is filed and/or if a lawsuit is filed.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. To be effective, a Counter-Notice must be a written communication provided to the Company’s Copyright Agent and must contain:
- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) in Sonoma County, California, if your address is located outside the United States and that you will accept service of process from the Complainant submitting the notice.
The Company’s Copyright Agent for submitting Counter-Notices to Claims of Copyright Infringement can be reached as follows:
By email to: email@example.com
By mail to:
Make Community Inc.
708 Gravenstein Hwy N Box #239
Sebastopol, CA 95472
Attn: Copyright Agent
Upon receipt of a Counter-Notice containing the required information, the Company may:
- Promptly provide the Complainant with a copy of the Counter-Notice;
- Inform the Complainant that it will not remove the material or cease enabling access to it unless, within ten (10) business days, the Complainant provides the Company’s Copyright Agent with notice that Complainant has filed an action seeking a court order to restrain the channel application developer and/or service provider from engaging in infringing activity.
Maker Campus Terms and Conditions
LAST UPDATED: 11-1-2020
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Maker Campus on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation. All such terms are hereby incorporated by reference into these Terms of Service.
The Services consist of an online marketplace and platform through which community members may offer classes, camps, workshops and more. While Maker Campus expects a high level of service you acknowledge and agree that: (1) Make Campus is not a party to any agreements entered into between Facilitator and Participant, (2) Maker Campus only provides certain tools to facilitate the purchase, sale and provision of Classes, (3) Maker Campus is not a broker, agent (except as expressly set forth below) or insurer, and (4) Make: Community disclaims all liability for the conduct of Facilitators, Participants and or Guardians, or any other Users of the Site or Classes. Different sections of the Site and Terms of Service affect Facilitators and Participants differently, so please be sure to read these Terms of Service carefully.
Access and Use of the Service
Services Description: Maker Campus is an online marketplace and aggregator of programming designed for those interested in making. As the provider of an online marketplace, Maker Campus does not own, create, sell, resell, control, or manage any Classes. Maker Campus’ responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each Maker for the purpose of accepting payments from a participant and or Participant and or Guardian on behalf of the Maker. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Maker Campus strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not Maker Campus. Maker Campus does not control the behavior of Users or the quality of the Classes. As a result, Maker Campus cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.
Modifications to Service: Maker Campus reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Maker Campus will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Maker Campus may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Maker Campus’ servers on your behalf. You agree that Maker Campus has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Maker Campus reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Maker Campus reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Class Recordings: Classes that take place through Maker Campus’ video chat platform are automatically recorded by Maker Campus (“Class Recordings”). We value student and Facilitator privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are made available only to the Facilitator providing the Class in question, in order to allow them to (1) provide a viewable copy to students who missed the Class, or who wish to review the Class, for their personal educational purposes; and (2) review the Class Recording personally in order to improve their Classes. Please note that in some cases, Classes are taught by a Facilitator that is actually an organization, group, or team of instructors. In such cases, Class Recordings may be accessed by the organization, and access would not necessarily be limited to a single individual instructor. In addition, Maker Campus may use Class Recordings to provide feedback to Facilitators, to improve our Services, for customer support, and for compliance purposes. We will not use Class Recordings containing images of you (or your children) for promotional or any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.
Certain Facilitator Obligations
When you join the Maker Campus community, you agree to follow our policies. Those expectations include thoughtful and professional communications with our community (colleagues, Participant and or Guardians, children), modeling appropriate behavior for our learners, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any Maker Campus affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that Maker Campus, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on Maker Campus’ behalf without prior written authorization from Maker Campus; posts that Maker Campus, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, Facilitators, Participant and or Guardians, or Maker Campus staff, even if the target is not identified by name; sharing any private material, communication, or information regarding Participant and or Guardians of learners, including but not limited to students’ or Participant and or Guardians’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to Maker Campus’ ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of Maker Campus’ community standards.
Each Facilitator is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes, and Maker Campus assumes no responsibility for a Facilitator’s failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
You understand and agree that Maker Campus is not an insurer, agent or employer for you as a Facilitator. If a participant purchases any of your Classes, any agreement you enter into with such participant is between you and the participant , and Maker Campus is not a party thereto. Notwithstanding the foregoing, Maker Campus is authorized to serve as your limited agent purely for the purpose of accepting payments from participants on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Facilitator, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Participant and or Guardians, you further agree that you will not share any Class Recordings made available to you by Maker Campus to any third parties. Allowing other Facilitators within your organization to view the Class Recordings, however, is permissible.
General: Each participant and or guardian agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. Participant hereby authorizes Maker Campus to bill participant’s payment instrument upon confirmation of a purchase, and participant further agrees to pay any charges so incurred. If a participant disputes any charges you must let Maker Campus know within thirty (30) days after the date that Maker Campus charges you.
Facilitator Payment: Maker Campus will transfer the Enrollment Fees to Facilitator’s Paypal account for each sale of a Class (or set of Classes, as applicable) to a participant within a reasonable period of time, minus Maker Campus’ service fees , according to the schedule and policies detailed in our. In order to transfer funds to Facilitator’s Paypal account, Facilitator shall sign up for a Paypal account. Maker Campus has discretion to act on behalf of the participant, and to not transfer the Enrollment Fees to Facilitator, if participant reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a Facilitator did not arrive for a Class or a Class was of insufficient quality. Maker Campus will independently review such cases, seeking input from the participant and/or the Facilitator, and may decide at its sole discretion to issue a refund to the participant . All determinations of Maker Campus with respect to a refund shall be final.
If Facilitator is responsible for providing materials and or kits to participants this must happen in a timely fashion before the start of the program. If the Facilitator is unable to fulfill these duties participants will be issued a refund.
If Facilitator and Maker Campus agree to promote a discount to participants, both parties agree to the lower ticket price and same revenue split. If Maker Campus decides to do a blanket discount across courses, classes, workshops, without prior approval and consent of Facilitator, Maker Campus will absorb the discount in its revenue split.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Maker Campus. Maker Campus reserves the right to investigate and take appropriate legal action against anyone who, in Maker Campus’ sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Maker Campus, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Maker Campus or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Maker Campus, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Maker Campus from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Maker Campus, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Maker Campus.
The Maker Campus name and logos are trademarks and service marks of Make: Community. You should not interpret anything in these Terms of Service or the Service to mean that Maker Campus is in any way explicitly or implicitly giving you any license or right to use any of Maker Campus Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Maker Campus is only for Maker Campus’ exclusive benefit.
Third Party Material: Under no circumstances will Maker Campus be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Maker Campus may, but is not required to, pre-screen content, and Maker Campus and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and Make: Community does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give Maker Campus a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:
- with respect to User Content that you submit, post or otherwise make publicly or generally available via the Service (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
- with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Maker Campus to provide you with the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Maker Campus are non-confidential and Maker Campus will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Maker Campus may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Maker Campus, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Maker Campus respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Maker Campus of your infringement claim in accordance with the procedure set forth below.
Maker Campus will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Maker Campus’ Copyright Agent at mailto:firstname.lastname@example.org (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Maker Campus will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Maker Campus has adopted a policy of terminating, in appropriate circumstances and at Maker Campus’ sole discretion, users who are deemed to be repeat infringers. Maker Campus may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Maker Campus has no control over such sites and resources and Maker Campus is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Maker Campus will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Maker Campus is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Maker Campus is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Maker Campus is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Maker Campus enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Maker Campus and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAKER CAMPUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MAKER CAMPUS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAKER CAMPUS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Maker Campus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MAKER CAMPUS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Maker Campus IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Maker Campus, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Maker Campus are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND MAKER CAMPUS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Maker Campus AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution: Maker Campus is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Maker Campus should be sent to Make Community LLC. 150 Todd Road, Santa Rosa, CA 95407, United States (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Maker Campus and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Maker Campus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Maker Campus or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Maker Campus is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Maker Campus and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Maker Campus agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Maker Campus will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Maker Campus will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Maker Campus will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Service to the contrary, Maker Campus agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Maker Campus written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Maker Campus, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Maker Campus believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Maker Campus may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Maker Campus may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Maker Campus will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Maker Campus will have no liability or responsibility with respect thereto.
Maker Campus reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Maker Campus and govern your use of the Service, superseding any prior agreements between you and Maker Campus with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Maker Campus agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Maker Campus to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Maker Campus, but Maker Campus may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Maker Campus 150 Todd Road, Santa Rosa, CA 95407, United States or by telephone at (707) 200-3714
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.