Last Updated: March 30, 2015
Understanding your rights and responsibilities as a Maker’s Row user.
Maker’s Row, Inc. (“Maker’s Row”) owns and operates makersrow.com (the “Website”) which provides users access to factories and suppliers, partner listing by industry and related products or services (collectively, “Maker's Row Products and Services”). Your use of Maker's Row is 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 is deemed accepted by you each time that you visit the Website, or use or access any Maker’s Row Products and Services. You warrant and represent that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to use the Maker’s Row Services, provided you do so with the consent of a parent or legal guardian who accepts these Terms on your behalf. Your use of certain Maker's Row Products and Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable factories, suppliers or other Website users. If you are accepting these Terms and accessing the Website and/or using the Maker’s Row Products and 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 or access the Website and/or the Maker’s Row Products and Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with any of these Terms, please do not access the Website or use any Maker’s Row Products and Services.
The Terms are effective as of the “Last Updated” date above. Maker’s Row may change these Terms at any time, with or without notice to you, by posting an updated version to this web page. If you continue accessing the Website or using any Maker’s Row Products and Services after any such changes, it will mean you accepted any new or changed Terms. Maker’s Row may terminate these Terms and your access to all or any part of the Website and/or the Maker’s Row Products and Services at any time and for any reason without prior notice or liability and in Maker’s Row’s sole discretion.
3. ELECTRONIC COMMUNICATIONS
When you access the Website and/or use the Maker’s Row Products and 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 website or through any other communication tool.
4. BRAND CONTENT
Maker’s Row or its licensors retain all right, title and interest in and to its designs, text, graphics, images, video, information, logos, button icons, software, audio files and other brand content used on the Website and/or the Maker’s Row Products and Services (collectively, “Brand Content”). 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 Website and/or the Maker’s Row Products and 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, trademarks, service mark and other proprietary notices contained in the original Brand Content on any authorized copy you make of the Brand Content.
You’re not allowed to: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Brand Content for any purpose other than your use of any Maker’s Row Products and Services; (iii) remove any copyright or other protected notices contained in the Brand Content on any authorized copy you make of the Brand Content; (iv) sell, transfer, assign, license, sublicense, or modify the Brand Content, or use the Brand Content for any public or commercial purpose; or (v) use or post the Brand Content on any other website or in a networked computer environment.
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, nonsublicensable license to access the Website and/or make use of the Maker’s Row Product and Services. This license does not include any resale or commercial use of any Maker's Row Products and Services, or its contents; any collection and use of any profile listings, descriptions, or prices; any derivative use of any Maker’s Row Products and Services 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, rights holders, or other content providers. No part of the Website and/or the Maker’s Row Products and 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 use the Website and/or access the Maker’s Row Product and Services only as permitted by law. Any licenses granted to you by Maker’s Row, including such licenses granted herein, shall terminate if you do not comply with these Terms.
6. YOUR ACCOUNT
If you purchase any available membership plan for any Maker’s Row Products and Services or any additional services that we offer for a fee, either on a one-time or subscription basis, you agree to Maker’s Row storing your payment or credit card information. You also agree to pay the applicable fees for any Maker’s Row Products and Services (including, without limitation, monthly fees) 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 applicable subscription period during which you cancel your subscription. If you purchase any Maker’s Row Products and Services, you agree to monthly recurring payments on your account. You may cancel your Maker’s Row Products and Services by contacting us at firstname.lastname@example.org. You also acknowledge that Maker’s Row Products and Services are subject to these Terms and any other additional terms as required.
8. COPYRIGHT COMPLAINTS
If you believe the Maker’s Row contains any content that infringes your copyright, please contact Maker’s Row Copyright Agent, as detailed below, with the following information:
- • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- • A description of the copyrighted work that you claim has been infringed;
- • A description of where the material that you claim is infringing is located on Maker’s Row;
- • 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; and
- • 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 duly authorized to act on the copyright owner’s behalf.
To contact Maker’s Row Copyright Agent by regular mail, please write to:
20 Jay Street, Ste. 313
Brooklyn, NY 11201
To contact Maker’s Row Copyright Agent by email, please write to email@example.com with COPYRIGHT NOTICE in the subject line.
Maker’s Row reserves the right to remove content alleged to be infringing without prior notice, in its 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.
9. FACTORY MEMBER SERVICES AND PROJECTS PLATFORM
The factory member services, factory member plan and the projects platform are made available through the Website, which include content such as, description of products, company information, profile pictures and photographs, banners, or other content provided by other users and third parties (collectively, “Service Content”). Maker’s Row does not make any representations regarding the accuracy or validity of such Service 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 Service Content, including, but not limited to, any errors or omissions in any Service Content, or any loss or damage of any kind incurred as a result of the use of any Service Content posted, emailed, transmitted or otherwise made available via the Website, the Maker’s Row Products and Services or broadcast elsewhere.
10. UNSOLICITED INFORMATION.
By submitting any unsolicited information and materials, including but not limited comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Maker’s Row, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide Maker’s Row with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Maker’s Row, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Maker’s Row and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to Maker’s Row for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Maker’s Row a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
11. ALL USER CONTENT
All Maker’s Row users may post reviews, comments, photos, and other content (including the projects platform); 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 such User Content license includes the right for Maker’s Row to provide, promote, and improve the Maker’s Row Products and Services, including but not limited to resolving disputes amongst users,and to make the User Content submitted to or through the Website and/or Maker’s Row Products and 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.
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. REPRESENTATIONS AND WARRANTIES
You represent and warrant that any material, of any kind, including User Content that you submit to Maker’s Row is owned by you and will not (a) violate or infringe upon the rights of any third party, including, but not limited to copyright, trademark, privacy or other personal or proprietary rights; or (b) contain any libelous or otherwise unlawful material. If you wish to have items removed please contact firstname.lastname@example.org
You also represent and warrant that any User Content posted by you will not send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing;” be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code or other potentially harmful programs or other material or information.
13. RESTRICTIONS ON USE OF MAKER’S ROW
You may not do any of the following while accessing the Website and/or using Maker’s Row Products and Services: (i) access, tamper with, or use non-public areas of the Website and/or Maker’s Row Products and Services, the Maker’s Row computer systems, or the technical delivery systems of 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 Website and/or Maker’s Row Products and 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 Website and/or Maker’s Row Products and 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, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on Maker’s Row, the Website and/or Maker’s Row Products and Services.
14. 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 any such third parties. You should carefully review their terms and other conditions of use.
15. 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 Website and/or Maker’s Row Products and Services. If you are on a subscription plan please contact email@example.com 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 Website and/or Maker’s Row Products and 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 Products and 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, these Terms shall terminate, including, without limitation, your license to use the Website and/or Maker’s Row Products 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 Products and Services, Ending These Terms, Disclaimer of Warranties and Limitation of Liability, Representations and Warranties, Indemnity 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.
16. 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 Website and the Maker’s Row Products and Services, unless otherwise agreed upon by the parties pursuant to additional terms and conditions, are available “AS-IS.” Your access to and use of the Website and/or Maker’s Row Products and Service, or any content therein are at your own risk. You understand and agree that the Maker’s Row is 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 Website and/or Maker’s Row Products and Services or any content therein; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website and/or Maker’s Row Products and Services or any content therein; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by Maker’s Row; and (iv) whether the Website, Maker’s Row Products and 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, Website, service content and/or Maker’s Row Products and Services, will create any warranty not expressly made herein.
Links. The Website, service content and/or Maker’s Row Products and 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 ENTITIES 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 USER CONTENT OF ANY THIRD PARTY ON THE WEBSITE, AND/OR MAKERS ROW PRODUCTS AND 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.
You agree to defend, indemnify, and hold the Maker’s Row Entities harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms; (ii) your access to, use, or misuse of the Website, and/or Maker’s Row Products and Services; (iii) any User Content; or (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
18. 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.
In the event of a dispute arising under or relating to the Terms, the Website, the Maker’s Row Products and Services, or any other products or services provided by Maker’s Row, Inc. (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in the State of New York may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in the State of New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
20. APPLICABLE LAW
By accessing or using the Website, the Maker’s Row Products and Services, or any other products or services provided by Maker’s Row, Inc., 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.