Terms of Use

Last updated: February 06, 2020


Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named uMake
  • Application Store
    means the digital distribution service operated and developed by Apple
    Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the
    Application has been downloaded.
  • Affiliate
    means an entity that controls, is controlled by or is under common
    control with a party, where “control” means ownership of 50% or more of
    the shares, equity interest or other securities entitled to vote for
    election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company
    (referred to as either “the Company”, “We”, “Us” or “Our” in this
    Agreement) refers to uMake, Inc., 550 S California Ave. Suite #1, Palo
    Alto, CA 94306.
  • Content refers to content such as text, images, or
    other information that can be posted, uploaded, linked to or otherwise
    made available by You, regardless of the form of that content.
  • Country refers to: California, United States
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Goods refer to the items offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.
  • In-app Purchase
    refers to the purchase of a product, item, service or Subscription made
    through the Application and subject to these Terms and Conditions
    and/or the Application Store’s own terms and conditions.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Application.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
  • Terms and Conditions
    (also referred as “Terms”) mean these Terms and Conditions that form
    the entire agreement between You and the Company regarding the use of
    the Service.
  • Third-party Social Media Service means any services
    or content (including data, information, products or services) provided
    by a third-party that may be displayed, included or made available by
    the Service.
  • You means the individual accessing or using the
    Service, or the company, or other legal entity on behalf of which such
    individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service
and the agreement that operates between You and the Company. These Terms
and Conditions set out the rights and obligations of all users
regarding the use of the Service.

Your access to and use of the Service is conditioned on Your
acceptance of and compliance with these Terms and Conditions. These
Terms and Conditions apply to all visitors, users and others who access
or use the Service.

By accessing or using the Service You agree to be bound by these
Terms and Conditions. If You disagree with any part of these Terms and
Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your
acceptance of and compliance with the Privacy Policy of the Company. Our
Privacy Policy describes Our policies and procedures on the collection,
use and disclosure of Your personal information when You use the
Application or the Website and tells You about Your privacy rights and
how the law protects You. Please read Our Privacy Policy carefully
before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You
may be asked to supply certain information relevant to Your Order
including, without limitation, Your name, Your credit card number, the
expiration date of Your credit card, Your billing address, and Your
shipping information.

You represent and warrant that: (i) You have the legal right to use
any credit or debit card(s) or other payment method(s) in connection
with any Order; and that (ii) the information You supply to us is true,
correct and complete.

By submitting such information, You grant us the right to provide the
information to payment processing third parties for purposes of
facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please
read our Returns Policy
to learn more about your right to cancel Your
Order.

Your right to cancel an Order only applies to Goods that are returned
in the same condition as You received them. You should also include all
of the products instructions, documents and wrappings. Goods that are
damaged or not in the same condition as You received them or which are
worn simply beyond opening the original packaging will not be refunded.
You should therefore take reasonable care of the purchased Goods while
they are in Your possession.

We will reimburse You no later than 14 days from the day on which We
receive Your order cancellation notice. We will use the same means of
payment as You used for the Order, and You will not incur any fees for
such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

  • The supply of Goods made to Your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable
    to be returned, deteriorate rapidly or where the date of expiry is
    over.
  • The supply of Goods which are not suitable for return due to health
    protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital content which is not supplied on a tangible
    medium if the performance has begun with Your prior express consent and
    You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The
Goods available on Our Service may be mispriced, described
inaccurately, or unavailable, and We may experience delays in updating
information regarding our Goods on the Service and in Our advertising on
other websites.

We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications,
availability, and services. We reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any
time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to
accepting an Order in the event of any occurrence affecting delivery
caused by government action, variation in customs duties, increased
shipping charges, higher foreign exchange costs and any other matter
beyond the control of the Company. In that event, You will have the
right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be
made through various payment methods we have available, such as Visa,
MasterCard, Affinity Card, American Express cards or online payment
methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation
checks and authorization by Your card issuer. If we do not receive the
required authorization, We will not be liable for any delay or
non-delivery of Your Order.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a
paid Subscription. You will be billed in advance on a recurring and
periodic basis (such as daily, weekly, monthly or annually), depending
on the type of Subscription plan you select when purchasing the
Subscription.

At the end of each period, Your Subscription will automatically renew
under the exact same conditions unless You cancel it or the Company
cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.

You will not receive a refund for the fees You already paid for Your
current Subscription period and You will be able to access the Service
until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can
cancel the renewal of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing
information including full name, address, state, zip code, telephone
number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company
will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment
corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all
billing is handled by the Application Store and is governed by the
Application Store’s own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the
Subscription fees. Any Subscription fee change will become effective at
the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any
change in Subscription fees to give You an opportunity to terminate Your
Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change
comes into effect constitutes Your agreement to pay the modified
Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the
Company on a case-by-case basis and granted at the sole discretion of
the Company.

If the Subscription has been made through an In-app purchase, the
Application Store’s refund policy will apply. If You wish to request a
refund, You may do so by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

If You do enter Your billing information when signing up for a Free
Trial, You will not be charged by the Company until the Free trial has
expired. On the last day of the Free Trial period, unless You cancelled
Your Subscription, You will be automatically charged the applicable
Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel
such Free trial offer.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases
using your Device may be set out in the Application Store’s own terms
and conditions or in your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If you
make a In-app Purchase, that In-app Purchase cannot be cancelled after
you have initiated its download. In-app Purchases cannot be redeemed for
cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not
work once it has been successfully downloaded, we will, after becoming
aware of the fault or being notified to the fault by You, investigate
the reason for the fault. We will act reasonably in deciding whether to
provide You with a replacement In-app Purchase or issue You with a patch
to repair the fault. In no event will We charge You to replace or
repair the In-app Purchase. In the unlikely event that we are unable to
replace or repair the relevant In-app Purchase or are unable to do so
within a reasonable period of time and without significant inconvenience
to You, We will authorize the Application Store to refund You an amount
up to the cost of the relevant In-app Purchase. Alternatively, if You
wish to request a refund, You may do so by contacting the Application
Store directly.

You acknowledge and agree that all billing and transaction processes
are handled by the Application Store from where you downloaded the
Application and are governed by that Application Store’s own terms and
conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable
rules as well as our Privacy policy. If the rules for a Promotion
conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information
that is accurate, complete, and current at all times. Failure to do so
constitutes a breach of the Terms, which may result in immediate
termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to
access the Service and for any activities or actions under Your
password, whether Your password is with Our Service or a Third-Party
Social Media Service.

You agree not to disclose Your password to any third party. You must
notify Us immediately upon becoming aware of any breach of security or
unauthorized use of Your account.

You may not use as a username the name of another person or entity or
that is not lawfully available for use, a name or trademark that is
subject to any rights of another person or entity other than You without
appropriate authorization, or a name that is otherwise offensive,
vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the
Content that You post to the Service, including its legality,
reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license
to use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through the Service. You retain any and
all of Your rights to any Content You submit, post or display on or
through the Service and You are responsible for protecting those rights.
You agree that this license includes the right for Us to make Your
Content available to other users of the Service, who may also use Your
Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it)
or You have the right to use it and grant Us the rights and license as
provided in these Terms, and (ii) the posting of Your Content on or
through the Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s
users. You expressly understand and agree that You are solely
responsible for the Content and for all activity that occurs under your
account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive,
upsetting, intended to disgust, threatening, libelous, defamatory,
obscene or otherwise objectionable. Examples of such objectionable
Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including
    references or commentary about religion, race, sexual orientation,
    gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized
    or unsolicited advertising, chain letters, any other form of
    unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses,
    or other content that is designed or intended to disrupt, damage, or
    limit the functioning of any software, hardware or telecommunications
    equipment or to damage or obtain unauthorized access to any data or
    other information of a third person.
  • Infringing on any proprietary rights of any party, including patent,
    trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its
sole discretion, determine whether or not any Content is appropriate and
complies with this Terms, refuse or remove this Content. The Company
further reserves the right to make formatting and edits and change the
manner any Content. The Company can also limit or revoke the use of the
Service if You post such objectionable Content.

As the Company cannot control all content posted by users and/or
third parties on the Service, you agree to use the Service at your own
risk. You understand that by using the Service You may be exposed to
content that You may find offensive, indecent, incorrect or
objectionable, and You agree that under no circumstances will the
Company be liable in any way for any content, including any errors or
omissions in any content, or any loss or damage of any kind incurred as a
result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without
limitation, Content that is corrupted prior to being backed up or that
changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any
known or discovered issues that may affect the backups of Content. But
You acknowledge that the Company has no liability related to the
integrity of Content or the failure to successfully restore Content to a
usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our
policy to respond to any claim that Content posted on the Service
infringes a copyright or other intellectual property infringement of any
person.

If You are a copyright owner, or authorized on behalf of one, and You
believe that the copyrighted work has been copied in a way that
constitutes copyright infringement that is taking place through the
Service, You must submit Your notice in writing to the attention of our
copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and
attorneys’ fees) for misrepresenting that any Content is infringing Your
copyright.

You may submit a notification pursuant to the Digital Millennium
Copyright Act (DMCA) by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been
    infringed, including the URL (i.e., web page address) of the location
    where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email 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.
  • A statement by You, made under penalty of perjury, that the above
    information in Your notice is accurate and that You are the copyright
    owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at [email protected]

Upon receipt of a notification, the Company will take whatever
action, in its sole discretion, it deems appropriate, including removal
of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by
You or other users), features and functionality are and will remain the
exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any
product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide
the Company. If for any reason such assignment is ineffective, You
agree to grant the Company a non-exclusive, perpetual, irrevocable,
royalty free, worldwide right and licence to use, reproduce, disclose,
sub-licence, distribute, modify and exploit such Feedback without
restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party web sites
or services. You further acknowledge and agree that the Company shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use of
or reliance on any such content, goods or services available on or
through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy
policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior
notice or liability, for any reason whatsoever, including without
limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease
immediately. If You wish to terminate Your Account, You may simply
discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire
liability of the Company and any of its suppliers under any provision of
this Terms and Your exclusive remedy for all of the foregoing shall be
limited to the amount actually paid by You through the Service or 100
USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall
the Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of
privacy arising out of or in any way related to the use of or inability
to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of
this Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its
essential purpose.

Some states do not allow the exclusion of implied warranties or
limitation of liability for incidental or consequential damages, which
means that some of the above limitations may not apply. In these states,
each party’s liability will be limited to the greatest extent permitted
by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with
all faults and defects without warranty of any kind. To the maximum
extent permitted under applicable law, the Company, on its own behalf
and on behalf of its Affiliates and its and their respective licensors
and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Service,
including all implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement, and warranties that may
arise out of course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, the Company provides no
warranty or undertaking, and makes no representation of any kind that
the Service will meet Your requirements, achieve any intended results,
be compatible or work with any other software, applications, systems or
services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or defects can
or will be corrected.

Without limiting the foregoing, neither the Company nor any of the
company’s provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the
Service, or the information, content, and materials or products included
thereon; (ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or
content provided through the Service; or (iv) that the Service, its
servers, the content, or e-mails sent from or on behalf of the Company
are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of
warranties or limitations on applicable statutory rights of a consumer,
so some or all of the above exclusions and limitations may not apply to
You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under
applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall
govern this Terms and Your use of the Service. Your use of the
Application may also be subject to other local, state, national, or
international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to
first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any
mandatory provisions of the law of the country in which you are resident
in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country
that is subject to the United States government embargo, or that has
been designated by the United States government as a “terrorist
supporting” country, and (ii) You are not listed on any United States
government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or
invalid, such provision will be changed and interpreted to accomplish
the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force
and effect.

Waiver

Except as provided herein, the failure to exercise a right or to
require performance of an obligation under this Terms shall not effect a
party’s ability to exercise such right or require such performance at
any time thereafter nor shall be the waiver of a breach constitute a
waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace
these Terms at any time. If a revision is material We will make
reasonable efforts to provide at least 30 days’ notice prior to any new
terms taking effect. What constitutes a material change will be
determined at Our sole discretion.

By continuing to access or use Our Service after those revisions
become effective, You agree to be bound by the revised terms. If You do
not agree to the new terms, in whole or in part, please stop using the
website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

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