Understanding your rights and responsibilities as a Maker’s Row user.
Maker’s Row, Inc. or its affiliates (“Maker's Row”) provides website features and other products and services to you when you visit makersrow.com, use Maker’s Row products or services, use Maker's Row applications for mobile, or use software provided by Maker's Row in connection with any of the foregoing (collectively, “Maker's Row Services”). Maker's Row provides the Maker's Row Services subject to the following terms and conditions of use (“Terms”).
1. Basic Terms
These Terms constitute a legally binding agreement between you and Maker’s Row and are deemed accepted by you each time that you use or access the Maker’s Row Services. We offer a wide range of Maker's Row Services, and sometimes additional terms may apply. If you are accepting these Terms and using the Maker’s Row Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Maker’s Row Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Maker’s Row may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on you. In addition, Maker’s Row may stop (permanently or temporarily) providing the Maker's Row Services (or any features within the Maker's Row Services) to you or to users generally and may not be able to provide you with prior notice.
Users who violate these Terms may have their access and use of the Maker’s Row Services suspended or terminated, at the discretion of Maker’s Row.
Please review our Privacy Notice, which also governs your use of Maker's Row Services, to understand our practices.
3. Electronic Communications
When you use Maker’s Row Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Maker’s Row Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Brand Content
The contents of the Maker’s Row Services, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Maker’s Row brand content (collectively, “Brand Content”), are protected under copyright, trademark, patent and other laws. All Brand Content is the property of Maker’s Row or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content that is part of the Maker’s Row Services is the exclusive property of Maker’s Row and is protected by copyright, trademark, patent and other laws. Unauthorized use of the Brand Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Brand Content on any authorized copy you make of the Brand Content.
5. License and Access
Subject to your compliance with these Terms and your payment of any applicable fees, Maker’s Row or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Maker's Row Services. This license does not include any resale or commercial use of any Maker's Row Services, or its contents; any collection and use of any profile listings, descriptions, or prices; any derivative use of any Maker’s Row Service or its contents; any downloading or copying of account information for the benefit of another factory; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Maker’s Row or its licensors, suppliers, publishers, photographers, rightsholders, or other content providers. No Maker’s Row Services, nor any part of any Maker’s Row Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Maker’s Row. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Maker’s Row without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Maker's Row name or trademarks without the express written consent of Maker’s Row. You may not misuse the Maker’s Row Services. You may use the Maker’s Row Services only as permitted by law. The licenses granted by Maker’s Row terminates if you do not comply with these Terms.
6. Your Account
If you use any of the Maker’s Row Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You must be 13 years of age or older to visit or use the Maker’s Row Services in any manner, and, if under the age of 18 or the age of majority as that is defined in your jurisdiction, must use the Maker’s Row Services under the supervision of a parent, legal guardian, or other responsible adult. Maker’s Row reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
If you purchase any available membership plan, (“Factory Member Plan”) or any additional services that we offer for a fee, either on a one-time or subscription basis (collectively, “Factory Member Services”), you agree to Maker’s Row storing your payment card information. You also agree to pay the applicable fees for the Factory Member Services (including, without limitation, monthly fees for any Factory Member Plan) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. If you purchase a Factory Member Plan, you agree to monthly recurring payments on your account. You may cancel your Factory Member Services (including your Factory Member Plan) by contacting us at email@example.com. You also acknowledge that Maker’s Row Factory Member Services are subject to these Terms and any additional terms related to the provision of the Factory Member Services.
8. Copyright Complaints
Maker’s Row respects the intellectual property rights of others and expects users of the Maker’s Row Services to do the same. Maker’s Row will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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; and (vi) 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 copyright owner.
Maker’s Row reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Maker’s Row will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Maker’s Row Site is:
9. Factory Profile and Descriptions
Factory business profiles are made available through the Maker’s Row Services, which include content such as, description of products, company information, profile pictures and photographs, banners, or other content (collectively, “Factory Profile Content”). Maker’s Row does not make any representations regarding the accuracy or validity of such Factory Profile Content or their appropriateness for evaluation by designers, merchants, manufacturers, or other business entities. Under no circumstances will Maker’s Row be liable in any way for any Factory Profile Content, including, but not limited to, any errors or omissions in any Factory Profile Content, or any loss or damage of any kind incurred as a result of the use of any Factory Profile Content posted, emailed, transmitted or otherwise made available via the Maker’s Row Services or broadcast elsewhere.
10. All User Content
All Maker’s Row members may post reviews, comments, photos, and other content (including Factory Profile Content); send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. Maker’s Row reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content.
If you do post or submit User Content, and unless we indicate otherwise, you grant Maker’s Row a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You grant Maker’s Row and sublicensees the right to use the name that you submit in connection with such User Content, if they choose.
You agree that this license includes the right for Maker’s Row to provide, promote, and improve the Maker’s Row Services and to make the User Content submitted to or through the Maker’s Row Services available to other companies, organizations or individuals who partner with Maker’s Row for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such content use.
Such additional uses by Maker’s Row, or other companies, organizations or individuals who partner with Maker’s Row, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Maker’s Row Services.
Maker’s Row may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Maker’s Row for all claims resulting from User Content you supply. Maker’s Row has the right but not the obligation to monitor and edit or remove any activity or User Content. Maker’s Row takes no responsibility and assumes no liability for any User Content posted by you or any third party.
11. Restrictions on User Content
Maker’s Row reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content through the Maker’s Row Services, to suspend or terminate users, and to reclaim usernames. Maker’s Row also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Maker’s Row, its users and the public.
12. Restrictions on Use of Maker’s Row Services
You may not do any of the following while accessing or using the Maker’s Row Services: (i) access, tamper with, or use non-public areas of the Maker’s Row Services, the Maker’s Row computer systems, or the technical delivery systems of the Maker’s Row providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Maker’s Row Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Maker’s Row (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Maker’s Row; (iv) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Maker’s Row Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Maker’s Row Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Maker’s Row Services.
13. Profile Reliability
Maker’s Row operates as a middle-man between our factory business members and other users, including designer, merchants, manufacturers, and other business entities. Our factory business members operate production factories, provide services and sell products through third party sites or other direct forms of communication. We may provide links or contact information to our factory business members or their third party sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these factory business members or the content of their Web sites. Maker’s Row does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their terms and other conditions of use.
14. Ending These Terms
The Terms will continue to apply until terminated by either you or Maker’s Row as follows.
You may end your legal agreement with Maker’s Row at any time for any reason by deactivating your accounts and discontinuing your use of the Maker’s Row Site and Services. If you are on a Factory Member Plan or have purchased any Factory Member Services please contact firstname.lastname@example.org to deactivate your account or your account will be charged any recurring monthly fees.
Maker’s Row may suspend or terminate your accounts or cease providing you with all or part of the Maker’s Row Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Maker’s Row Services to you is no longer commercially viable. Maker’s Row will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Maker’s Row Site and Services, except that the following sections shall continue to apply: Brand Content, Copyright Complaints, All User Content, Restrictions on User Content, Restrictions on Use of Maker’s Row Services, Ending These Terms, Disclaimer of Warranties and Limitation of Liability, Waiver and Severability, Disputes, and Applicable Law.
Nothing in this section shall affect Maker’s Row rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
15. Disclaimer of Warranties and Limitation of Liability
Please read this section carefully since it limits the liability of Maker’s Row and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Maker’s Row Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or 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.
The Maker’s Row Services are Available “AS-IS.” Your access to and use of the Maker’s Row Services or any content are at your own risk. You understand and agree that the Maker’s Row Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Maker’s Row ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Maker’s Row Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Maker’s Row Services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Maker’s Row Services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Maker’s Row Services; and (iv) whether the Maker’s Row Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Maker’s Row Entities or through the Maker’s Row Services, will create any warranty not expressly made herein.
Links. The Maker’s Row Services may contain links to third-party websites or resources. You acknowledge and agree that the Maker’s Row Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Maker’s Row Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Maker’s Row SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
16. Waiver and Severability
The failure of Maker’s Row to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Any dispute or claim relating in any way to your use of any Maker’s Row Services will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Maker’s Row should be addressed to: [GIVE ADDRESS] ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Maker’s Row and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Maker’s Row may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Maker’s Row or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Maker’s Row is entitled.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
18. Applicable Law
By using any Maker’s Row Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Maker’s Row.
This offer (the “Free Trial Offer”), which is made to you by Maker’s Row (as defined in the Maker’s Row Terms and Conditions of Use), entitles you access to the Maker’s Row Factory Member Services (as defined in the Maker’s Row Terms and Conditions) until January 1, 2013, and from the moment that you activate such trial period by submitting your payment details (the “Free Trial Period”). By submitting your payment details, you accept the Free Trial Offer and (i) consent to us using your payment details in accordance with our Privacy Notice, (ii) acknowledge and agree to Maker’s Row Terms and Conditions, Privacy Notice and these Maker’s Row Free Trial Terms and Conditions. If you decide that you do not want to become a paying user of the Maker’s Row Factory Member Services upon the lapse of the Free Trial Period, you have to terminate your subscription by the end of the Free Trial Period. To terminate your subscription please contact email@example.com. At the end of the Free Trial Period you will be required to choose a Factory Member Plan (as defined in the Maker’s Row Terms and Conditions). If you fail to choose a Factory Member Plan or fail to terminate your subscription by the end of the Free Trial Period you are automatically accepting and agreeing to our Basic Factory Member Plan (as defined on our Maker’s Row Plan and Service Offerings page) and its pricing plan. You may only use this Free Trial Offer once. The Free Trial Offer is available of a first-come first-serve basis. Maker’s Row reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer and/or the Maker’s Row Free Trial Terms and Conditions at any time without prior notice and with no liability.