These Terms and Conditions (“Terms”) are a binding agreement you and uMake, Inc (“uMake”, “we”, “us” or “our”) , and govern your use of the uMake website (“Site”), application (“App”), and all software and services that we offer through the Site and App (collectively referred to as the “Services”).
By accessing the Services you are accepting the Terms. If you do not agree with the Terms, please delete the App from your device and discontinue your use of any Services. Your continued use of the Services signifies your acceptance of the Terms.
1. WHO CAN USE THE SERVICE?
You are not allowed to use the Services if you are under the age of 13. If you are not 13 years of age, please delete the App and do not use the Services
If you are based in the European Union, then you will not use the Services if you are under the age of sixteen (16) years old.
2. AMENDING THESE TERMS
We may amend these Terms from time to time. The most current version will always be available at uMake App Store page. If we believe an amendment is material, we will notify you by a notification through our services and/or by emailing the email address you provided to us, if you have provided one. By continuing to access or use the services after an amendment becomes effective, you agree to be bound by the amended terms.
4. YOUR ACCOUNT
When creating an Account, you will provide to us true, accurate, current, and complete information. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. You are responsible for any activity that occurs in your account. Please keep it secure, protect it with a strong password and do not share the password with anyone. If you think that someone has gained access to your account, please contact us immediately at: firstname.lastname@example.org
We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on your account which, we determine in our sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Services, infringe or violate any third party rights, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then we may terminate your Account immediately without notice to you and without any liability to you or any third party.
5. RIGHTS WE GRANT YOU
You are authorized to use the Services for your own personal, non-commercial use, in accordance with these Terms. You agree that you will not duplicate, publish, modify, reverse engineer, create derivative works from, participate in the transfer of, post on the World Wide Web, attempt to extract the source code of that software, or in any way distribute or exploit the Services or any portion of the Services, unless laws prohibit these restrictions or you have our written permission to do so.
Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Services (or printed pages produced from the Services), and (ii) will not make any other modifications to any documents obtained from these Services other than in connection with completing information required for your use of the Services.
The content, any materials downloaded, and all intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by us or third parties who have granted us the rights to use them. All rights, title, and interest in these remain the property of uMake and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
6. USE OF SERVICES
Unless otherwise specified, our App and Services are for your personal use. In addition to the limitations in Section 5 above, you may not access or use the services in a manner that:
– harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights) or encourage similar conduct in others;
– is unlawful, fraudulent, deceptive or prohibited in these Terms;
– uses technology or other means, including “robots,” “spiders,”, crawlers, scrapers, “offline readers”, or other automated means to access our content, systems, or user accounts, without authorization;
– attempts to damage, disable, overburden, or impair our servers or networks;
– attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Services or any computer software, hardware, or telecommunications equipment;
– attempts to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
– probes, scans, or tests the vulnerability of our Services or any system or network; or
In addition, you will not:
– Create more than one account for yourself or create another account if we have already disabled your account, unless you have our written permission to do so.
– Use another user’s account, username, or password without their permission;
– Create a false identity or impersonate another person or entity in any way;
– Solicit login credentials from another user;
– Buy, sell, rent, or lease access to your account without our written permission;
– Use or develop any third-party applications to access the Services or interact with the Services or other users’ content or information without our written consent; or
– Post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
– Delete or alter or make unauthorized copies of any content made available on or through the Services;
– Alter, deface, mutilate, or otherwise bypass any approved software through which the Services are made available;
– Provide any false personal information to us;
– Solicit, or attempt to solicit, personal information from other Users of the Service;
– Use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
7. YOUR CONTENT
You must not post any content to the Services if you did not create it or otherwise have the right to post the consent and to grant us the rights set forth in this Agreement. You represent and warrant that: (i) you own the content you posted on or through the Services or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of your content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your content; (iii) the posting of your content on the Services will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the posting of your content on the Services does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting your content on the services.
For your rights regarding content that you create in your account (privately) and content that you post to the public areas of our Services, please see Section 8 below.
8. RIGHTS YOU GRANT US
When you create, upload, post, send, receive, and store content on our Services you keep whatever ownership rights in that content you had at the start. If you create content in your own account and do not post or share it, we will not access such content without your permission. For content you created in your account and subsequently granted us permission to access or use the content and for all content that you post to the public areas of the Services – you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content in any and all media or distribution methods (now known or later developed) and use such information without any consideration to you. You further grant us a royalty-free license to use your user name, image, and likeness to identify you as the source of any of the content you submit. You are granting us this license for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
You acknowledge and agree that any content that you post on the public areas of the Services can be seen, downloaded, shared, liked or commented on by the users of the Services.
We have no obligation to do so but we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You remain responsible for the content you create, upload, post, send, or store through the Services.If you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
We respect the intellectual property rights of others. If you believe one of your sketches or other content has been reproduced in a way that constitutes copyright infringement, you may notify our agent by providing the following information:
– Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
– Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
– Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
– A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following:
– A physical or electronic signature of the poster;
– Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
– A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
– Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.Notices of the foregoing copyright issues should be sent as follows:
– By Mail: uMake., Inc. 550 California ave. Suite #1, Palo Alto, CA, 94306
– By E-Mail: email@example.com
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. This information should not be construed as legal advice.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services. For further information about the DMCA, please visit the website of the United States Copyright Office at http://www.copyright.gov/onlinesp.
10. THIRD-PARTY LINKS
11. SERVICES ARE PROVIDED “AS IS”
YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND MATERIALS IN THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. UMAKE DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT: (I) INFORMATION IN THE SERVICES IS ACCURATE OR COMPLETE; (II) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE COMPLETE, TIMELY, UNINTERRUPTED OR ERROR-FREE (III) THAT ANY MESSAGES YOU SEND THROUGH THE SERVICES WILL BE DELIVERED; OR THAT (IV) YOUR ACCESS OR USE OF THE SERVICES WILL NOT RESULT IN ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Much of the content on our Services is produced by members of the community and other third parties. This content is the sole responsibility of the person or organization that submitted it. We reserve the right to review or remove all content that appears on the Services, but we do not necessarily review all of it.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, FOR NONE OF WHICH WE WILL BE RESPONSIBLE.
IF YOU ARE BASED IN THE EUROPEAN UNION, NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
12. SYSTEM OUTAGES, CAPACITY LIMITATIONS
At times you may experience difficulty accessing the Services or communicating with uMake through the Internet or other electronic wireless services as a result of high Internet traffic, transmission issues, system capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or uMake’s, can experience unanticipated outages or slowdowns or have capacity limitations. uMake makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service on your device.If you are using the Services outside of an area with Wi-Fi, your terms of agreement with your mobile network provider will still apply to your use of our Services including the normal messaging, data, and other rates and fees. You are responsible for all such charges that you may incur for using our Services, including text-messaging and data charges (and roaming data charges if you use the Services outside of your home territory (i.e. region or country) without turning off data roaming). Please inquire with your service provider before using the Services.
13. PROTECTING YOUR DEVICES AND ACCOUNT
uMake makes no warranty whatsoever to you, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. uMake is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.
14. CONSENT TO ELECTRONIC COMMUNICATIONS
15. MODIFICATION OF SERVICES; TERMINATION
We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether with or without notice to you. You can terminate these Terms at any time and for any reason by deleting your account.
uMake may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
After the Terms have been terminated, both you and uMake continue to be bound by Sections 3-8 and 12-19 of the Terms.
uMake reserves the right, in its sole discretion, to terminate Your License or any services provided to you and to assert legal action with respect to your use of the Services that UMake reasonably believes is or might be in violation of the Terms, additional terms and conditions, or other UMake policies.
16. LIMITATION OF LIABILITY
The provisions of this Section apply up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the limitation of liability in contracts, and as a result the contents of this Section may not apply to you. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited.
IN NO EVENT WILL UMAKE, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES (OF PROFITS OR REVENUE, OR EXPENSES WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE OR GOODWILL, ARISING IN CONNECTION (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF UMAKE OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
IN NO EVENT WILL UMAKE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID UMAKE IF ANY, IN THE LAST 12 MONTHS.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless uMake, its affiliates, officers, directors, employees, agents, partners, representatives, and licensors (the “Indemnified Parties” and each an “Indemnified Party”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, due to, arising out of, or relating in any way to (i) any violation of these Terms (including negligent or wrongful conduct) by you, (ii) your access to or use of the Services, or (iii) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assumes the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
18. APPLICABLE LAWS
Your use of these Services shall be governed in all respects by the laws of California, USA, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Services shall be exclusively in the state or federal courts located in California. Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
19. ACCESS FROM OVERSEAS
We make no representation that the Services are appropriate or available for use in other locations, and access to them from territories where the Services are illegal is prohibited.
20. NO CLASS ACTIONS; JURY WAIVER
You may only resolve disputes with uMake on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. YOU AND UMAKE, INC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
22. CONTACT US
If you have any questions about these Terms or the Services, please contact us at: firstname.lastname@example.org
The Terms were last modified on May 24st, 2018.