Terms of Use

Terms of Use

LAST UPDATED: 12-05-2019

These Terms of Service (“Terms”) constitute an agreement between you and Blythewood MakerSpace (“MakerSpace,” “us,” or “we”) which governs your use of our website, which include sites.google.com/richland2.org/makerspace 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

These Terms also apply to any resources and tools provided by the MakerSpace community, including but not limited to project development tools, download areas, and project instructions. These Terms apply to all MakerSpace Services, both now and in the future. Hereafter, all the materials covered by these Terms of Use will be referred to as the “Materials.”

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.

USE TERMS

Personal Non-Commercial Use

All MakerSpace 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 agree that you will not use the Services or Materials for any purpose that is unlawful or prohibited by these Terms of Use. Some of the following agreements are under the assumption of the future creation of further services being created and will still apply following their creation.

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
• 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 infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
• You may not use the Services or Materials in any manner that could damage, disable, overburden, or impair any MakerSpace 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 MakerSpace 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 MakerSpace owns all legal rights, title and interest in and to the Services and Materials, including any MakerSpace 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 MakerSpace’s prior written permission. Except as expressly provided herein, MakerSpace 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.

YOUR FEEDBACK

You grant to us a royalty-free, worldwide, irrevocable, perpetual license to use, publish, edit, translate, distribute, display and incorporate any ratings, comments, suggestions, feedback, improvement requests or other recommendations you provide relating to the 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.

NON-ENDORSEMENT

MakerSpace does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and MakerSpace expressly disclaims any and all liability in connection with User Content submissions. MakerSpace does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and MakerSpace will remove User Content if properly notified that such submission infringes on another’s intellectual property rights in accordance with the DMCA provisions. MakerSpace reserves the right to remove User Content at its sole discretion and without prior notice.

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

MakerSpace 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 MakerSpace 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 MakerSpace and is provided solely as a convenience to our customers and users.

Under no circumstances will MakerSpace be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the Services or Materials are subject to these Terms of Use and any other program and website specific terms.

NOTICE SPECIFIC TO DOCUMENTS DISTRIBUTED ON MAKERSPACE

Permission to use white papers, press releases, datasheets, specification documents, excerpts and articles from books and periodicals, FAQs etc. (“Documents”) from the MakerSpace 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 MakerSpace 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 MakerSpace website may be copied or retransmitted unless expressly permitted by MakerSpace.

NOTICES AND DISCLOSURES

Exclusions of Warranty

The Materials posted on this website are provided by MakerSpace for informational purposes only. MakerSpace 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 MakerSpace 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, MakerSpace 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, MakerSpace may make available as part of the website or in its software products, tools and utilities for use and/or download. MakerSpace 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 MakerSpace 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 MakerSpace and their respective licensors shall not be liable to you for any of the following:

• In no event shall MakerSpace 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 MMakerSpace 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.

MAKERSPACE 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. MAKERSPACE 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 MAKERSPACE 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 MAKERSPACE’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

MakerSpace reserves the right to modify or discontinue, temporarily or permanently, Services or Materials (or any part thereof) with or without notice. MakerSpace makes no commitment to update the Services or Materials.

GENERAL

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.

INDEMNIFICATION

You agree to indemnify and hold MakerSpace and their respective officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Services or Materials, your use of the Services or Materials, your connection to the Services or Materials, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.