LAST UPDATED: 1-25-2018
NOTIFICATION OF CHANGES
Maker Media, Inc. (“Maker Media,” “us,” or “we”) owns and operates makermedia.com, makezine.com, makerfaire.com, makershare.com, makershed.com, makercamp.com, makercon.com, makerspace.com, and all associated services (together, “Maker Media Services” or the “Services”).
PURPOSE AND SCOPE
PERSONAL INFORMATION WE MAY COLLECT
Maker Media 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 Maker Media 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 Maker Media 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 Maker Media 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 Maker Media login account, information about you may be shared with us via this “friend” connection.
OTHER INFORMATION WE MAY COLLECT
Maker Media 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 Maker Media 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 Maker Media 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 Maker Media.
- 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 Maker Media 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 Maker Media event, we will send you email announcements and updates about Maker Media events and conferences and may use your personal information to notify you of other services that Maker Media 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 Maker Media 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.
Maker Media 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 Maker Media 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 Maker Media 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 Maker Media 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.
- Maker Media 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 Maker Media 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 Maker Media 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
Maker Media 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 Maker Media 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 Maker Media 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 Maker Media Help Desk or send a letter to the postal address listed below. Please include your contact information, name of the Maker Media website, and a detailed description of your request or privacy concern.
Maker Media Inc.
1700 Montgomery Street, Suite 240, San Francisco, CA 94111
LAST UPDATED: 1-25-2018
NOTIFICATION OF CHANGES
These Terms of Service (“Terms”) constitute an agreement between you and Maker Media, Inc. (“Maker Media,” “us,” or “we”) which governs your use of our websites, which include makermedia.com, makezine.com, makerfaire.com, makershare.com, makershed.com, makercamp.com, makercon.com, makerspace.com, 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
Maker Media 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 Maker Media immediately of any unauthorized use of your account or any other breach of security here. Maker Media 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 Maker Media 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.
Maker Media 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 Maker Media 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 Maker Media 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 Maker Media 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 Maker Media 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 Maker Media owns all legal rights, title and interest in and to the Services and Materials, including any Maker Media 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 Maker Media’s prior written permission. Except as expressly provided herein, Maker Media 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 Maker Media 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. Maker Media shall have no liability arising from User Content.
OWNERSHIP OF USER CONTENT
Maker Media 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. Maker Media is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Maker Media representative, any material, information or other communication you transmit or post to a website will be considered non- confidential and non-proprietary.
Maker Media does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Maker Media expressly disclaims any and all liability in connection with User Content submissions. Maker Media does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and Maker Media will remove User Content if properly notified that such submission infringes on another’s intellectual property rights in accordance with the DMCA provisions. Maker Media 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 Maker Media 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 Maker Media Team to display, distribute, and reproduce your content on any website owned and operated by Maker Media. 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 Maker Media Website is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. Maker Media is not responsible for user submitted code nor warrants that it will work correctly.
MODERATION OR PRE-SCREENING
WARRANTIES AND REPRESENTATIONS
COPYRIGHT INFRINGEMENT CLAIMS
Maker Media 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.
Maker Media 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 Maker Media team is unable to resolve copyright disputes on Maker Share or copyright holders report infringement on other Maker Media Websites, 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.
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
Maker Media 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 Maker Media 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 Maker Media 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 Maker Media 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 Maker Media website may be copied or retransmitted unless expressly permitted by Maker Media.
NOTICES AND DISCLOSURES
Exclusions of Warranty
The Materials posted on this website are provided by Maker Media for informational purposes only. Maker Media 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 Maker Media 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, Maker Media 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, Maker Media may make available as part of the website or in its software products, tools and utilities for use and/or download. Maker Media 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 Maker Media 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 Maker Media and their respective licensors shall not be liable to you for any of the following:
- In no event shall Maker Media 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 Maker Media 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.
MAKER MEDIA 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. MAKER MEDIA 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 MAKER MEDIA 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 MAKER MEDIA’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
Maker Media reserves the right to modify or discontinue, temporarily or permanently, Services or Materials (or any part thereof) with or without notice. Maker Media 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.” Maker Media 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: 1-25-2018
Claims Regarding Copyright Infringement / Notice of Alleged Copyright Infringement
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Maker Media, Inc. (“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:
Maker Media Inc.
1700 Montgomery Street, Suite 240, San Francisco, CA 94111
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 protected]
By mail to:
Maker Media Inc.
1700 Montgomery Street, Suite 240, San Francisco, CA 94111
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.