uMake Inc. (“Company”, “uMake”, “We” or “Us”) has developed a proprietary application that enables users to quickly and intuitively sketch and share their ideas in 3D (the “Application”).
1. Account Registration, User Name and Password
You must open an account (“Account”) to use the Application. Any registration is solely for you and may and you may only use one single account. You may not use the Account of any other person or entity, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account. When you open an Account, You’re required to provide Us with certain personal information (“Registration Data”) for purposes of security, verification or other customer management purposes. You agree to provide accurate, current and complete Registration Data and to use Account management tools we may provide to keep your Registration Data accurate, current and complete. You are responsible for any activity from or by your Account, so you should not share your password, and you should protect it carefully. If you think your Account has been breached or taken over by another person, it’s your responsibility to contact Us immediately.
You can close and cancel your Account by sending an email to [email protected]. We may provide you with the ability to export documents prior to canceling your account; however, no such export functionality is guaranteed to be provided or if provided, to continue. Upon canceling your account, your files will be marked for deletion in 60 days, and may be deleted upon expiration of that 60-day period. Any obligations and restrictions imposed on you by these Terms will continue after termination or cancellation
The Application is currently available in a freemium model and offers free functionalities along with paid functionalities. Please refer to our subscription price list for more information. We reserve the right to charge for other features or functionalities that we may offer, and reserve the right to impose or increase fees for any aspect of the Services. We are not offering refunds for any in-app purchases, so please be careful when you make purchases. If you feel an in-app purchase has been made in error, please contact Apple for support.
3. System Requirements
In order to use the Services, You’re required to have a compatible tablet, wireless access, and the necessary minimum specifications (“Software Requirements”).
The current Hardware and Software Requirements for the Services are as follows:
Apple iOS iPad devices running iOS 8.4 or above, or such more advanced hardware and operating system as may be described in the iTunes App Store page for the Application. This may be updated in later product versions. The current version of the Application software may be upgraded from time to time to add support for new functions and services. Certain features, and certain compatible products, such as Pencil, have more stringent hardware and software requirements.
We’re not liable or responsible for any defects or non-compatibilities between our Services and your device, and we can’t, and don’t, make any representation that our Services will work to any particular degree of functionality or efficiency with any particular device.
4. Your Content
Our Application enables you to create original content (“Content”) using the tools and features we provide. When it exists within the Application and is not shared by you (as we set out below), you own this Content and all rights to it. You can keep the Content you create on your local device or share it publicly via email, Facebook, Twitter and certain other methods. Please review the below descriptions of these two types of Content carefully, because they impact how others can use your Content, and how much control you have over the Content you create.
5. Deletion of Content
Our Service shall offer you the ability to delete the copy of Content that you have added to the Application, however, you should note the following (a) it is possible that backup copies may persist in storage for some time; (b) deletion does not undo your dedication of that Content to the public domain and your waiver of all rights in the Content – that decision cannot be reversed; and (c) deletion of the copy you added to the Application will not delete any copies that other users may have made of the Content. Thus, you cannot be certain that deletion of Content from the Application will forever remove it (or derivatives of it) from the Application.
6. Your Copyrights and Intellectual property
You agree not to upload any Content to the Application in violation of any other person or entity’s rights, including their intellectual property rights. If you don’t have rights to upload Content (whether under these Terms, or through a separate license), then don’t upload it.
When you decide to share your Content through a third-party service that is integrated with our Services, such as Facebook, you’re authorizing us to deliver the Content (or a version of it that we’ve modified, as needed) to that third-party service. This means that the third-party service’s handling of your Content will be subject to its own agreement with you, for which we are not responsible. In addition to providing this license to us, uMake owns the actual bits and bytes of data on its servers. You have no property or other interest in those bits and bytes, or to any uMake servers, infrastructure, or the Services we offer.
7. Company Copyrights and Intellectual property
All aspects of the Services that are not specifically considered Content are owned by uMake, and we own all right, title and intellectual property in that content (“uMake Content”). This includes the selection, compilation, arrangement, interfaces and presentation of all materials in the Services, and the overall design of the Services are copyrighted by us, and are protected by US and international laws. Use of uMake Content without our express prior written permission is strictly prohibited. uMake.xyz, uMake, and the uMake logo are trademarks or registered trademarks of uMake, Inc., in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.
9. Disclaimer of Warranties; Limitation of Liabilities
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE ACCURACY OF THE INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF THE SERVICES INCLUDING WITHOUT LIMITATION TO THE SERVICES BEING FREE FROM DEFECT OR ANY VIRUS, WORM, TROJAN HORSE OR ANY OTHER POTENTIALLY MALICIOUS CODE. THE ENTIRE RISK ARISING OUT OF THE USE (OTHER THAN NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS) OR PERFORMANCE OF THE SERVICES, TO THE EXTENT PROVIDED, REMAINS WITH YOU. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, IT IS MADE EXPLICITLY CLEAR THAT COMPANY HAS NO RESPONSIBILITY FOR AND SHALL BEAR NO LIABILITY REGARDING TO THE SERVICES AND ITS USE.
WITHOUT DEROGATING FROM THE ABOVE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IN PROVISION OF THE SERVICES, WE MAY RELY FROM TIME TO TIME ON SERVICES PROVIDED BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, DATA NETWORK PROVIDERS, HOSTING SERVICES PROVIDERS, CLEARING SERVICES PROVIDERS, ETC. ANY TRANSACTION MAY BE TEMPORARILY REFUSED, LIMITED, INTERRUPTED, OR CURTAILED DUE TO GOVERNMENT REGULATIONS OR ORDERS, NETWORK MODIFICATIONS, REPAIRS, AND UPGRADES OR BANKING, FINANCIAL INSTITUTION OR OTHER SIMILAR BODIES. WE ARE NOT, AND SHALL NOT BE, OBLIGED TO PROVIDE THE SERVICES WHERE SUCH FACTORS PREVENT IT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTY PROVIDER
You shall defend, indemnify, and hold harmless the Company, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including without limitation reasonable attorneys’ fees, that arise from or relate to (i) your access, use or misuse of the Services, or (ii) your violation of these Terms or any applicable law, contract, policy, regulation or other obligation. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with the Company in connection therewith.
We reserve the right to suspend or terminate your Account and/or your access and use of the Services, at our sole discretion, should you fail to meet the requirements set forth in these Terms. If you wish to terminate your Account, you may do so by (i) notifying us at any time, or (ii) closing all your Accounts, where this option has been made available to you. The provisions of these Terms shall survive any termination or expiration thereof, including without limitation, the warranty disclaimers, limitation of liability and indemnity provisions.
12. DMCA Policy
The Company deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not upload, or otherwise place any Content or information on the Application that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been uploaded on the Service, please send a notice of copyright infringement containing the following information to the designated agent at the address below.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Contact information for the notifying party, including name, address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Agent Eviathar Meyer, 550 S California Ave, Suite #1, Palo Alto 94306, U.S.
We may elect not to respond to DMCA notices that don’t substantially comply with these requirements. We also may elect to remove allegedly infringing material that comes to our attention, regardless of the DMCA.
We also may notify the person who uploaded, or otherwise placed the allegedly infringing material on the site that we have removed or disabled access to such material, with instructions as to how that person can file a counter-notification.
13. General terms:
- Unless a specific agreement is signed by you and us, these Terms constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that a specific agreement is signed by you and the Company, its provisions shall supersede the provisions of these Terms.
- Failure by us to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. Our rights hereunder will survive any termination or expiration of these Terms.
- Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
- You may not assign your rights under these Terms, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be null and void.
- These Terms do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. There are no third-party beneficiaries of these Terms.
- You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Santa Clara County, California, USA, and we each agree to personal jurisdiction in those courts.
- Additional Terms and Disclaimers Regarding Apple, Inc.
The following shall apply in connection with the Application:
- Both you and uMake acknowledge that these Terms are concluded between you and uMake only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple of such failure; upon notification, to the maximum extent permitted by applicable law, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application, and Apple shall have no other warranty obligation whatsoever with respect to the Application and shall have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- In connection with your use of the Application, you agree to comply with any applicable third party terms of agreement which may affect or be affected by such use, including the Apple App Store Terms of Service; and
- Both you and uMake acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
You may contact us at the following address: uMake, Inc., 550 S California, Suite #1, Palo Alto, CA, 94306 or at [email protected]
Last updated: November 12, 2015