Makey Makey Labz - Terms of Service

TERMS OF SERVICE

LAST UPDATED: November 7, 2016

Welcome to labz.makeymakey.com (the “Site,” which also refers to any successor site(s) and all content, functionality, and Services, as defined below) offered on or through the Site). These Terms of Service (these “Terms”) are in place to govern your use of, and access to, the Site. When we refer to “you” and “your” in these Terms, we are referring to you as a visitor to and user of the Site. “We,” “us,” “our” and “Makey Makey” refer to Makey Makey LLC, together with our affiliates.

  1. Acceptance of Terms

    You should carefully read these Terms. By accessing or using the Site, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these Terms.

    We may make changes to these Terms from time to time in our sole discretion, and we may notify you of such changes by any reasonable means, including without limitation, by posting the revised version of these Terms on the Site. You can determine when we last changed these Terms by referring to the "LAST UPDATED" legend above. Your access to or use of the Site following changes to these Terms will constitute your acceptance of those changes.

    We may, at any time, temporarily or permanently modify or discontinue all or part of the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our third party service providers, including without limitation cwist, Inc. d/b/a Workbench (collectively, "Service Providers") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

  2. Our Services

    We provide users of the Site with access to certain content and services designed to facilitate the exchange of ideas and information related to our products and to innovation within the maker community (such content and services, collectively, the "Services"). The Services include: (a) services such as access to online educational challenges ("projects"), profiles, forums, purchasing functionality, registration functionality, promotions, photos, video, blogs, reviews, ratings and links to third party websites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings and messages and other similar content.

  3. Rules of Conduct.

    While using the Site, you agree to comply with all applicable laws, rules and regulations. In addition to that general requirement, we expect users of the Site to respect the rights and dignity of others. Therefore, your use of the Site is conditioned on your compliance with the rules of conduct set forth in these Terms (and any other guidelines, policies, or rules we may from time to time post on the Site). Your failure to comply with such rules may result in termination of your access to all or any part of the Site.

    You agree that you will not:

    • Post, transmit, or otherwise make available, through or in connection with the Site:
      • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
      • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
      • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
      • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
      • Any material, non-public information about a company without the proper authorization to do so.
    • Use the Site for any fraudulent or unlawful purpose.
    • Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect personally identifiable information about other users of the Site.
    • Impersonate any person or entity, including without limitation any representative of Makey Makey; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
    • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
    • Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
    • Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
    • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
    • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
    • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
    • Frame or mirror any part of the Site without our express prior written consent.
    • Create a database by systematically downloading and storing Site content.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, and subject to the following sentence, Makey Makey grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. Makey Makey reserves the right to revoke such permission either generally or in specific cases at any time and without notice.

  4. Accuracy of Information

    We attempt to ensure that information on this Site is complete, accurate and current. However, despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site.

  5. Privacy Policy

    Your use of the Site, including any submissions you make through the Site, is governed by our Privacy Policy, which is located at labz.makeymakey.com (the "Privacy Policy"), which is hereby incorporated into this Agreement by this reference.

  6. Registration; User Names and Passwords

    You may be required to register in order to access certain Services or areas of the Site. In connection with the registration process, you may elect to register your child so that your child may access certain Services or areas of the Site. Any child that you register will be a part of your "Group" (your "Group"). You represent and warrant that any information you provide in connection with your registration is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or any of the Services. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You also may give us permission to access your information in other services, for example, you may register using your Facebook and/or Google+ sign in information. The information we obtain from those services often depends on your personal settings or the service's privacy policies.

    Your user name and password and the username and password for your child are for your or your child's personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you or your child may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your or your child's use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your or your child's password or user name. You agree to immediately notify us of any unauthorized use of your or your child's password or user name or any other breach of security related to your or your child's account or the Site, and to ensure that you and your child "log off"/exit from your respective accounts with the Site (if applicable) at the end of each session. You are fully responsible for all interaction with the Site that occurs in connection with your child's password or user name. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

  7. User Submissions

    The Site may make available certain functionality through which you are able to post or send information, content and/or materials (each, a "Submission"), subject to these Terms. Any project you elect to submit through the Site will be considered a Submission, as will any content you post in your Profile and on a Forum.

    For each Submission that you make available through or in connection with the Site, you hereby grant us and our Service Providers and designees a worldwide, non-exclusive, transferable, sub-licenseable (through multiple tiers), royalty-free, fully paid up, perpetual, irrevocable right and license, without compensation to you or any third party: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes).

    For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations and with these Terms (including our Rules of Conduct).

    You (and not Makey Makey), are solely responsible for any content you submit through or to the Site, and you assume all risk associated with your Submissions, including anyone else’s reliance on their quality, accuracy, or reliability.

  8. Profiles and Forums

    You may post certain information and materials on your "profile page" (your "Profile"). Further, we and/or our Service Providers may make available through the Site services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality on the Site, among other services) to which you are able to post information and materials (each, a "Forum").

    Information contained in the Profiles and Forums may be provided by employees of Makey Makey and our Service Providers, as well as by third party visitors to the Site. Please note that Site visitors may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. Makey Makey, our Service Providers, and our and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the "Company Parties") neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Without limiting that general statement, the Company Parties are not responsible for any information or materials made available through the Profiles and Forums (including errors or omissions in Profiles and Forum postings or links or images embedded in a Profile or in Forum messages) or results obtained by using any such information or materials. Under no circumstances will the Company Parties be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of any Company Party.

    In addition, the Company Parties have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through a Profile or a Forum or any other part of the Site. If you choose to make any of your personally identifiable or other information publicly available in a Profile or a Forum or otherwise on the site, you do so at your own risk.

  9. Monitoring

    We may (but have no obligation to) to monitor, evaluate, refuse to post, remove or alter Submissions before or after they appear on the Site. If you specify, we will make a Project available only to other members of your Group. Notwithstanding the foregoing, we may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason.

  10. Email Communications

    We may use your email address to give you updates about the Site, its features, and content. There will be an opt-out button in those emails that will prevent you from receiving them in the future. At any time you can opt back in by sending an email to support@joylabz.com.

  11. Ownership of Site Content

    We and/or our licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Site, you may access and view content on the Site solely for your personal and non-commercial purposes. Except as expressly authorized in advance by us in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on all or any part of the Site or any information or materials made available through the Site.

    Our trade names, trademarks and service marks include the trademarks “Makey Makey,” “Makey Makey Go,” and any associated logos. All trademarks and service marks on the Site not owned by Makey Makey are the property of their respective owners. You may not use our trade names, trademarks or service marks, whether registered or unregistered, in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner.

    You grant us all right, title and interest to any suggestion, recommendation or other feedback that you provide to us. In the event this grant is not sufficient, you grant us a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into its products and/or services (including the Site) any of your suggestions, recommendations or other feedback.

  12. Links to Third Party Sites

    The Site may provide links to other web sites and online resources ("Third Party Sites"). These links are provided for your convenience only, and we do not endorse, and are not responsible for, any content, advertising, products or other materials on or available through Third Party Sites.

    Because we have no control over Third Party Sites, you acknowledge and agree that neither we nor our employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are responsible for the availability of ant Third Party Sites.

    YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH THIRD PARTY SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY SITES.

  13. Products, Content and Specifications

    Descriptions and images of, and references to, third-party products or services available in connection with the Site do not imply our endorsement of such third-party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site, are subject to change at any time without notice. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time.

    Third party products or services that appear on the Site may be purchased only through Third Party Sites. Any information you provide to a Third Party Site is at your own risk and is subject to the terms and conditions applicable to use of such Third Party Site. All terms of sale will be subject to the Third Party Site's policies then in effect.

  14. Disclaimer of Warranties

    THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. MAKEY MAKEY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

  15. Limitation of Liability

    MAKEY MAKEY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, MAKEY MAKEY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY MAKEY MAKEY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. MAKEY MAKEY’S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE TWENTY-FIVE U.S. DOLLARS (USD $25).

    Applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

    While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted.

  16. Indemnity

    Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Makey Makey from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of these Terms by you or arising under your account; or (c) any claim or allegation that any Submission or the use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation of any patent, copyright, trademark or trade secret, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.

  17. Governing Law; Arbitration

    These Terms are governed by and shall be construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its principles of conflicts of law. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to these Terms shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms and conditions of these Terms. The Supplementary Procedures are available online at http://bit.ly/2fI2JPY. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in Wilmington, Delaware. The arbitrator's decision shall be based upon the substantive laws of the State of Delaware without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude Makey Makey from seeking any injunctive relief or other provisional remedy in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

  18. Contact Us

    If you have a question or complaint regarding the Site, please contact us at support@joylabz.com. You may also contact us by writing to Makey Makey, P.O. Box 1444, Santa Cruz, CA 95061 or by calling us at 831-460-6242. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

  19. Filtering

    Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://www.getnetwise.org/) and OnGuard Online (https://www.consumer.ftc.gov/features/feature-0038-onguardonline). Please note that we do not endorse any of the products or services listed at such sites.

  20. Claims of Copyright Infringement

    The Digital Millennium Copyright Act of 1998, as amended (the "DMCA"), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may provide you with notice that we have removed or disabled access to certain materials. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Makey Makey, Attn: DMCA Agent, P.O. Box 1444, Santa Cruz, CA 95061, email: support@joylabz.com, phone: 831-460-6242.

    We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

  21. Jurisdictional Issues

    The Site is controlled and/or operated from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. If you access or use the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

  22. Miscellaneous

    If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

Site © 2016 Makey Makey LLC, unless otherwise noted. All rights reserved.