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.