Last updated: August, 2016

These Terms of Service (“Terms”) constitute an agreement between you and Maker Media, Inc. (“Maker Media,” “us,” or “we”) which governs your use of makermedia.com, makezine.com, makerspace.com, and all associated services (together, “the Service”). Please read these Terms carefully. By using the Service, 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 Service.

We may change these Terms from time to time. The most recent revisions will appear on this page. Your continued use of the Service constitutes your acceptance of any changes to or revisions of these Terms.

If you see any content that violates these Terms, please let us know by sending email to [email protected].

  1. Service Terms
    • 1.1 Age Restrictions. You must be 13 years or older to access or use the Service (whether or not an adult supervises you). If you are not at least the legal age of consent where you reside, you must have your parent or legal guardian agree to these Terms on your behalf and supervise your access to and use of the Service. If you don’t meet the foregoing requirements, you may not access or use the Service.
    • 1.2 Privacy Policy. Your privacy is important to us. Please read our Privacy Policy at http://makermedia.com/privacy, which identifies how Maker Media uses, collects, and stores information it collects.
    • 1.3 Re-Use License. You may reuse the content displayed on the Service and support materials (together, “Content”) for personal, non-commercial purposes. We ask all members posting to agree to this under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license (“License”). If you post Content, you will also be asked to give permission for others (including Maker Media) to reuse your Content under this License.
    • 1.4 Inappropriate Content. We reserve the right to block any Content or use of the Service that, in our sole discretion, is inconsistent with our expectations for the community or violates any laws.You must comply with all applicable laws, rules and regulations in your use of the Service, including local laws regarding online conduct, acceptable content, and the exportation of content from the jurisdiction where you reside.
    • 1.5 Links. You agree not to post links to content if you do not have permission to do so or if the content to which you link is inappropriate for the Service.
  2. Account Creation and Maintenance; Personal Information; Profile
  3. Restrictions on Account Usage
    • 3.1 Inappropriate Content. Some content is inappropriate for our community. You may not use the Service in any way, that:
      • Promotes bigotry, discrimination, hatred, or violence against any individual or group;
      • Threatens or intimidates any other person;
      • Contains foul language or personal attacks;
      • Contains sexually explicit or graphically violent material;
      • Provides instructions on how to commit illegal activities or obtain illegal products;
      • Asks any other user for personally identifying information, contact information, or passwords;
      • Exposes any others person’s personally identifying information, contact information, or passwords; or
      • Is unlawful, including harassment, stalking, or defamation of any other person.
    • 3.2 No False Identity. You may not impersonate, imitate or pretend to be somebody else when using the Service.
    • 3.3 No Service Disruption or Interference. You may not use the Service in any way that disrupts the Service, gains unauthorized access to the Service, or interferes with any other user’s ability to use the Service. Examples of prohibited activities are:
      • Posting content deliberately designed to crash one or more of our websites
      • Linking to pages containing viruses or malware
      • Using administrator passwords or pretending to be an administrator
      • Repeatedly posting the same material, or “spamming”
    • 3.4 Responsibility of Website Visitors. Maker Media has not reviewed, and cannot review, all of the Content posted to the Service, and is not responsible for any Content, its use, or its effects. By operating the Service, Maker Media does not represent or imply that we endorse the Content, or that we believe it to be accurate, useful, non-infringing, or non-harmful. You are responsible for taking precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. The Service may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties. The downloading, copying or use of Content may be subject to additional terms and conditions, stated or un-stated. Maker Media disclaims any responsibility for any harm, loss or damage resulting from the use the Website, from any downloading or otherwise of posted Content.
  4. Your Content and Licensing
    • 4.1 Definitions Regarding Content.
      • User-Generated Content” includes any projects, comments, forum posts, images, documents, or links to third party websites that are posted by anyone other than Maker Media.
      • ·User-Generated Content that you share is “Your Content.”
    • 4.2 Ownership of Your Content. We don’t claim any ownership rights in Your Content. It belongs to you or the party who authorized you to post it.
    • 4.3 Legal Rights Regarding Your Content. We encourage everyone to freely share code, images, sounds, diagrams, project instructions and data and other works. At the same time, we also understand the need for individuals and companies to protect their intellectual property rights. You are responsible for making sure you have the necessary rights, licenses, or permission for any User-Generated Content you submit to the Service. When you post Your Content, you are telling us that you have obtained all necessary licenses, rights, and permissions to post Your Content and for us and all users of the Service to use it in the ways permitted by the Service. You must comply with any requirements or restrictions imposed by any third parties who allow you to post Your Content. If any such requirements or restrictions for Your Content conflict with these Terms or the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License (available at https://creativecommons.org/licenses/by-nc-sa/4.0/), then you must not post that Content or otherwise share it publicly on or through the Service.
    • 4.4 Your Responsibility for Your ContentIf you submit Your Content to the Service, you are entirely responsible for Your Content, and any liability resulting from Your Content, its use, or distribution. That is the case regardless of whether the Content constitutes text, graphics, audio files, computer software, or other forms. By making Your Content available, you represent and warrant that:
      • the downloading, copying and use of Your Content will not infringe the proprietary or intellectual property rights, including the copyright, patent right, trademark or trade secret, of any third party;
      • if your employer or others has rights to intellectual property you create, you have either (i) received permission from such person to post or make available Your Content, including any software, or (ii) secured from your such person a waiver as to all rights in or to Your Content;
      • you have fully complied with any third-party licenses relating to Your Content, and have done all things necessary to successfully pass through to end users any required terms;
      • Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
      • Your Content is not spam, is not machine- or randomly generated with malicious intent, and does not contain unethical or unwanted commercial content designed to drive traffic to third party internet sites or boost the search engine rankings of third party sites, or commit or contribute to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
      • Your Content is not defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
      • Your account or project is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
      • Your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your project’s URL or name is not the name of a person other than yourself or a company other than your own; and
      • You have, in the case of Your Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of Your Content, whether requested to do so by Maker Media or otherwise.
    • 4.5 Consent to License. By posting and allowing others to access or use Your Content, you grant to Maker Media and all users of the 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 us to display, distribute, and reproduce Your Content.You are solely responsible and liable for the consequences of posting and making Your Content available and allowing others to access and/or use Your Content. 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 the Service.
    • 4.6 Removal of Content. We reserve the right, but are not obligated, to monitor all uses of the Service. We may edit, move, or delete any Content that violates these Terms, without notice.
  5. User-Generated Content.
    • 5.1 No Responsibility for User-Generated Content. The Service displays and links to Content from a variety of sources (including other users and other third parties) and such Content may be incomplete, inaccurate, offensive or objectionable to you. We are not responsible or liable for, and we don’t necessarily endorse, any User-Generated Content.
    • 5.2 User-Generated Content As-Is. All User-Generated Content is provided as-is. We make no warranties about the accuracy or reliability of any User-Generated Content. We do not endorse any views, opinions, or advice expressed in User-Generated Content. Maker Media shall have no liability arising from User-Generated Content.
    • 5.3 Interaction with Other Users. The Service may provide you the ability to interact with other users or groups of users of the Service. Such interactions are solely between you and such other users, and we are not responsible or liable for such interactions or any consequences thereof.
    • 5.4 Links to Third Party Sites. The Service 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.
  6. Maker Media Content Reuse and Licensing Maker Media provides Content, including images, sounds, and sample code, to help users build projects. All of these materials are licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license (available at https://creativecommons.org/licenses/by-nc-sa/4.0/). You may also use screenshots of Content from the Service under the same license. Please note that this does not apply to trademarks owned by Maker Media, our websites as a whole, to our websites’ design and look and feel, or to materials that have restricted Maker Media or third party copyrights. The Creative Commons Attribution-NonCommercial-ShareAlike 4.0 license requires you to attribute any material you use to the original author, to identify any changes you make, and to reference the license. When you use Maker Media Content, please use the following attribution: “Developed by Maker Media, Inc. See http://makermedia.com.”
  7. Restrictions on Trademark Usage. The Service and the Content include trademarks owned by us and others. You agree not to use these names or logos to label, promote, or endorse any product or service unless you have a written license from us to do so, although you may use these logos to refer to the associated websites and Service. You also agree that you will not alter or remove any trademark notice from any copies of the Content.
  8. Our Ownership. Maker Media owns all rights to the code, design, functionality, and architecture of makerspace.com. We also own all right, title, and interest (including, without limitation, design, copyrights, trademarks, and all other intellectual property rights) in the Service, any technical requirements and end-user documentation we make available to you, as well as any Content (excluding Your Content) we provide. Except for any rights explicitly granted under these Terms and/or the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license (available at https://creativecommons.org/licenses/by-nc-sa/4.0/), you are not granted any rights in and to any Maker Media intellectual property.
  9. Your Feedback. 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 Service (“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.
  10. Copyright Infringement Claims. Maker Media 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 http://makermedia.com/dmca. If you believe someone has posted Content that belongs to you, you should make a claim as described through the link. 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 disputed Content down.
  11. Our Storage Practices and Limits. There is limited storage space for Content on our websites.. While we will make efforts we believe are reasonable to safeguard and back up Your Content and to make 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. Be sure to 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.
  12. Contests and Promotions. Giveaways, contests, promotions or similar opportunities (“Promotions”) may be made available through the Service. By participating in any such Promotions, you will become subject to specific rules governing the Promotion. To the extent that the rules of a particular Promotion conflict with these Terms, the terms and conditions of the Promotion’s rules will control.
  13. WARRANTY DISCLAIMERSTHE SERVICE AND THE CONTENT POSTED ON MAKERMEDIA.COM MAY BE INCOMPLETE OR CONTAIN INACCURACIES OR ERRORS THAT COULD CAUSE INJURY, FAILURES, OR LOSS OF DATA, INCLUDING WITHOUT LIMITATION YOUR CONTENT. IN NO EVENT WILL MAKER MEDIA OR ITS LICENSORS BE LIABLE FOR ANY ADVERSE CONSEQUENCES OR DAMAGES ARISING OR RESULTING FROM ANY SUCH INACCURACIES OR ERRORS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE SERVICE AND USE OF ANY CONTENT IS AT YOUR SOLE RISK, INCLUDING WITHOUT LIMITATION (1) THE RISK OF INJURY OR DEATH FROM YOUR USE OF THE CONTENT AND (2) THE RISK THAT YOUR CONTENT WILL BE LOST, CORRUPTED, DAMAGED, OR MISAPPROPRIATED OR MISUSED BY THIRD PARTIES. MAKER MEDIA MAKES NO REPRESENTATION OR WARRANTY TO ANYONE CONCERNING THE AVAILABILITY OR SERVICE LEVEL OF THE SERVICE OR REGARDING ANY RESPONSE TIME TO COMMUNICATIONS FROM YOU. THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MAKER MEDIA DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MAKER MEDIA RESERVES THE RIGHT TO SUSPEND ALL OR PART OF, OR TO TERMINATE, THE SERVICE AND/OR ANY CONTENT, AND IN NO EVENT WILL MAKER MEDIA BE LIABLE FOR ANY ADVERSE CONSEQUENCES OR DAMAGES ARISING FROM OR RESULTING FROM ANY SUCH SUSPENSION OR TERMINATION.
  14. LIMITATION OF LIABILITYIN NO EVENT WILL MAKER MEDIA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DETRIMENTAL RELIANCE, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SERVICE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL MAKER MEDIA’S TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). NOTHING IN THIS AGREEMENT WILL EXCLUDE OR LIMIT MAKER MEDIA’S LIABILITY (A) FOR FRAUD OR FRAUDULENT MISREPRESENTATION; (B) FOR DEATH OR PERSONAL INJURY CAUSED BY MAKER MEDIA’S NEGLIGENCE; OR (C) FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
  15. Governing Law and Jurisdiction. You agree that any litigation or other dispute resolution between you and Maker Media arising out of or relating to these terms or the Service will take place in a state or federal court located in San Francisco County, California, and you hereby consent to the personal jurisdiction of, and exclusive venue in the state and federal courts within that county with respect any such litigation or dispute resolution. This Agreement will be governed by and construed as if entered into by residents of California, in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law.