WEBSITE TERMS AND CONDITIONS
These Website Terms and Conditions (these “Terms”) of Maker District, Inc. (referred to hereinafter as "we,” “us,” or “our”) set forth the terms and conditions for access to and use of the website to which these Terms are attached, including all pages of such website and any content thereon (this “Website”) by any person accessing or using the user (“you” or “your”).
Please read these Terms and the information referred to or linked to in these Terms carefully and ensure you understand them.
1. Acceptance and Modification of these Terms. Your access and use of this Website is conditioned on your agreement to and compliance with these Terms as posted on this Website at the time of your access to this Website. We have the right to unilaterally modify these Terms from time to time by posting the modified version of these Terms on this Website, which shall then supersede the previous version of these Terms, so it is important that you review these Terms every time you use this Website. Your use of this Website constitutes you agreement to comply with all of the terms and conditions in these Terms. If you do not agree with, or do not comply with, all of these Terms, do not use this Website.
2. This Website and Content
a. This Website does not include any website or webpage under a top level domain other than this Website (“Other Website”), even if the Other Website is linked from this Website. Your linking to any Other Website is at your own risk, and we are not responsible or liable with regard to any Other Website or any information or content on any Other Website.
b. We retain sole ownership of this Website. All software, code, audio, video, works, look-and-feel, layout, data, information, and material comprising, underlying, included, or made available by us in this Website (collectively, “Content”), and all copyrights, trademark rights, patent rights, and other intellectual property rights whatsoever, anywhere, are and will be solely owned by us or by a third party that provides or makes available Content. We solely own and retain all our trademarks, service marks, tradenames, trade dress, logos, marks, and names, including “MAKER DISTRICT” (the “Marks”).
c. We do not grant, assign, or transfer any right, title, interest, license, use right (except solely the limited right expressly set forth in Section 2(b) of these Terms), or claim in or to or regarding this Website, any Content, any Marks, or any intellectual property right therein or thereto. We shall own all rights, title, and interest, and you hereby assign to us any rights, title, and interest you may have or acquire, in and to any and all copies, derivative works, improvement, adaptation, customization, modification, derivation, translation, and/or transliteration of this Website, any Content, or any of Mark. You agree to undertake, upon our request, any steps, including signing and providing any document, to implement and give effect to the provisions in this Section 1.
d. We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via linked sites) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). We disclaim all liability in connection with therewith.
e. We may modify, change, or alter the Website, any Content, and any part thereof at any time without notice. We have no obligation or duty to maintain or keep this Website accessible. We may, at any time, with or without prior notice, suspend, shut down, and block or prevent access to all or part of this Website, including for maintenance or any other reason, without being liable to you or anyone else.
e. We do not provide, and you shall not rely on any Content or this Website’s providing, any legal, business, financial, medical, or other advice on this Website or any Content.
2. Use of this Website and Content
a. You may only access and use this Website and any Content in accordance with these Terms and Our Community Standards. In the event of any conflict or discrepancy between these Terms and Our Community Standards, these Terms will prevail.
b. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, non-transferable, non-sublicensable right to access and use this Website and any Content, Service, and feature that we make available for your use solely for your internal use and subject to these Terms. You may download any Content that we make available to you for download solely for the purpose for which we make such Content available for download, and in any case only for your internal use. The foregoing rights are the only rights granted to you with regard to this Website and any Content.
c. All your rights under these Terms terminate immediately and automatically upon your breach of any of these Terms, or upon notice of termination to you (which may be in the form of a general notice on this Website), or upon this Website being shut down or otherwise deactivated. In addition, we may terminate your access to or use of this Website at any time for any or no reason, including by blocking your access to this Website. If this Website is suspended or otherwise fully or partially inaccessible, your rights are suspended while and to the extent of such suspension or other full or partial inaccessibility.
d. You will not:
(i) distribute, provide, or make available access to this Website, any Content, or any services on this Website as part of any services that you offer or provide to third parties;
(ii) obtain, use, access, or copy Content on this Website, or monitor any activity on this Website, by using any robot, bot, spider, crawler, spyware, malware, extraction tool, or any other automatic device;
(iii) use any Content, or provide, upload, or share through this Website, in any way that may infringe, misappropriate, or violate any copyright, trademark, publicity, personality, or other intellectual property or other right of any person;
(iv) frame or utilize framing techniques to enclose any Mark or Content on or through any Other Website;
(v) use any meta tags or any other "hidden text" utilizing any Mark;
(vi) access or use this Website or any Content, services, or features made available on this Website in any manner with the intent to interrupt, damage, disable, overburden, or impair this Website or such Content, services, or features including by sending mass unsolicited messages or “flooding” servers with requests;
(vii) circumvent any access control (e.g., requirement to enter a valid user name and password) on this Website;
(viii) modify or edit this Website or any Content (except to the extent expressly permitted on this Website), or reverse engineer, decrypt, or interfere with this Website, any Content, or any services on this Website;
(ix) access or use this Website or any Content, or use any services made available on this Website, for any purpose or in any manner that is unlawful, that violates any law or right of any person, that discriminates based on race, ethnicity, nationality, gender, sexual orientation, gender, sexual identity, or disability, that harasses, bullies, threatens, or incites or is tending to incite violence, or that is libelous, slanderous, defamatory, or pornographic;
(x) engage in any activity that interferes with another user’s access to, or use or enjoyment of this Website; or
(xi) assist, support, incite or cause any third party in engaging in any activity set forth in this Section 2(d) or that otherwise violates these Terms.
e. Access to and use of parts of this Website and some Content, and services require your registration with us, including your acceptance of additional User Terms and Conditions, and is subject to access controls (such as a user name and password). You will not access or use, or seek to access or use, any such parts, Content, or services without complying with, or by circumventing, any such access controls.
3. Communications and Submissions
a. We may offer a forum, bulletin board, or other community feature, or service features (such as virtual store space), that enables you and others to post, provide, and make available content, documentation, works, material, comments, and information (“Submissions”). Other policies or notices in connection with any forum, bulletin board, community feature, or service feature may have additional terms and conditions that will apply to Submissions on such forum, bulletin board, community feature, or service feature.
b. We do not assume any responsibility, obligation, or liability for or with regard to any Submission or any use thereof. We do not review, monitor, filter, censor, or edit any Submissions. However, we reserve the right to remove, delete, and edit any Submission if we believe or are notified that it violates these Terms or any third party’s right. If we remove, delete, or edit any of your Submissions, you waive any right or remedy related to our removal, deletion, and editing of any of your Submissions. We do not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by you or any users or third parties.
c. You may not make any Submission that:
(i) violates any law or any right of any person, or does, or is intended to, harass, bully, threaten, or incite violence, or is fraudulent, libelous, slanderous, defamatory, profane, or pornographic;
(ii) may infringe, misappropriate, or violate any copyright, trademark, publicity, personality, or other intellectual property or other right of any person;
(iii) contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;
(iv) comprises or includes unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or the like, or solicits personally identifiable information (except as permitted by this Website);
(v) engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
(vi) falsely states or otherwise misrepresents your affiliation or association with, sponsorship by, or connection to, any person or in which you impersonate any person;
(vii) provides links to Other Websites that violate the letter or spirit of these Terms, or promote the violation of these Terms or make available tools or information whose primary use constitutes a violation of the letter or spirit of these Terms; or
(viii) use any service or feature, or this Website or any Content, for any peer-to-peer file sharing or file accessing other than providing permitted information or documents in any permitted message in any forum or on any message or bulletin board.
d. Any Submission you make on this Website or to us is at your own risk. We do not solicit or wish to receive any Submission that is a trade secret or confidential information. Thus, please do not provide us any trade secret or confidential information in any Submission.
e. As to any information or content that you submit or post to this Website, you represent and warrant to us that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature, you agree that you shall not:
f. If you send or provide to us any Submission, including comment, suggestion, critique, feedback, idea, and information, in any form (“Feedback”), we have the unlimited right to use, utilize, and exploit such Feedback. We do not return any Feedback and may not acknowledge any Feedback. By sending or providing to us any Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, non-terminable, fully transferable, assignable and sublicensable right and license, free of any royalty, fee, and other payment and payment obligation, under all copyrights, trademark, patent, trade secret, and other intellectual property rights, to use, utilize, practice, implement, sell, license, exploit, publish, distribute, modify, create derivatives of, and exploit the Feedback in any form, format, and medium, whether known now or becoming known in the future, all as we decide in our sole discretion, without any obligation to give you any credit or attribution and any other obligation of any kind.
g. By making any Submission, you represent and warrant that you have the right and authorization to make the Submission and, for any Feedback, make the foregoing license without the need for any third party’s consent, and that the Submission and the use thereof does not will not infringe any intellectual property or other right of any third party.
h. If you believe that any Content or Submission on this Website infringes any copyright of you, please proceed in accordance with our Copyright Infringement Notice and Takedown Policy.
i. Any advice or opinion provided by you, by any other user, or by any Content provider on this Website is expressly disclaimed to be the advice or opinion of us, and shall be deemed to be the sole, unsolicited advice and opinion of such user.
a. WE PROVIDE ANY ACCESS AND USE TO THIS WEBSITE, ANY CONTENT, AND ALL SERVICES AND FEATURES ON THIS WEBSITE “AS IS”. YOUR ACCESS TO AND USE OF THIS WEBSITE, ANY CONTENT, AND ANY SERVICES AND FEATURES ON THIS WEBSITE IS AT YOUR OWN RISK. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO OR IN CONNECTION WITH THIS WEBSITE, ANY CONTENT, ANY SERVICES AND FEATURES ON THIS WEBSITE, OR THE USE OR ACCESSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT (I) THIS WEBSITE, ANY CONTENT, OR ANY SERVICES OR FEATURES ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, (II) ANY ACCESS TO OR USE OF THIS WEBSITE, ANY CONTENT, OR ANY SERVICE OR FEATURE ON THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THIS WEBSITE, ANY CONTENT, OR ANY SERVICES OR FEATURES ON THIS WEBSITE WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF THIS WEBSITE, ANY CONTENT, OR ANY SERVICES OR FEATURES ON THIS WEBSITE.
b. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, WORKMANSHIP, TITLE, LICENSE, AND NON-INFRINGEMENT, WITH REGARD TO AND IN CONNECTION WITH THIS WEBSITE, ANY CONTENT, ANY SERVICE AND ANY FEATURE ON THIS WEBSITE, ANY SUBMISSION, ANY USE OR ACCESS THEREOF OR FAILURE OR INABILITY TO USE OR ACCESS THEREOF.
c. THE DISCLAIMERS CONTAINED IN THIS SECTION 7 ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU.
6. EXCLUSION AND LIMITATION OF LIABILITY
a. WE ARE NOT AND WILL NOT BE LIABLE, AND DISCLAIM ANY AND ALL LIABILITY, TO YOU OR ANY THIRD PARTY IN PRIVITY WITH OR CLAIMING THROUGH YOU WITH REGARD TO AND IN CONNECTION WITH THIS WEBSITE, ANY CONTENT, ANY SERVICE OR FEATURE ON THIS WEBSITE, ANY SUBMISSION, ANY USE OR ACCESS THEREOF, OR ANY FAILURE OR INABILITY TO USE OR ACCESS THEREOF. WE ARE NOT, AND WILL NOT BE, LIABLE FOR ANY LOSS, DAMAGES, EXPENSES, CONSEQUENCES, EFFECTS, OR INJURY OF ANY KIND IN CONNECTION WITH THIS WEBSITE, ANY CONTENT, ANY SERVICE OR FEATURE ON THIS WEBSITE, ANY SUBMISSION, OR YOUR OR ANYBODY’S ACCESS TO OR USE THEREOF, INCLUDING ANY LOSS OF DATA, LOSS OF BUSINESS, SUBMISSIONS, FAILURE OF PERFORMANCE, INACCESSIBILITY OF THIS WEBSITE OR ANY PAGE OR CONTENT HEREON, POSTING OR TAKING OFF ANY CONTENT FROM THIS WEBSITE, ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, WORK, LINE FAILURE, ACT OR OMISSION.
b. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, IN NO EVENT ARE WE OR ANY OF OUR AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS LIABLE FOR ANY DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR OTHER DAMAGES OF ANY KIND, LOSS OF PROFIT, OR TANGIBLE OR INTANGIBLE LOSS OR DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS, RIGHTS, AND REMEDIES FOR ANY DAMAGES OF ANY KIND AGAINST US TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING ANY DAMAGES AND LIABILITY IDENTIFIED IN SECTION 6(a) OF THESE TERMS.
c. IF AND TO THE EXTENT THAT MAKER DISTRICT IS LIABLE FOR ANY DAMAGES THAT ARE NOT LEGALLY EXCLUDED OR EXCLUDABLE UNDER THIS SECTION 9, THE AGGREGATE AND COMPLETE LIABILITY TO YOU OR ANY THIRD PARTY IN PRIVITY WITH OR CLAIMING THROUGH YOU SHALL BE LIMITED TO THE AMOUNT OF ONE HUNDRED U.S. DOLLARS (US$100.00).
d. Without limiting any other provisions, terms, or conditions of this Section 6, we shall not be liable for any failure or delay in the performance of any of its obligations under these Terms to the extent such failure or delay is caused by any cause, event or condition arising or resulting from any act of war, terrorism, civil riot or rebellion, law, seizure or order or requirement of any governmental or quasi-governmental authority, pandemic (including COVID-19 or any other virus), epidemic, quarantine, embargo or other similar action of a governmental or quasi-governmental authority, extraordinary element of nature or act of God, fire, flood, or storm, strike, lockout or other labor trouble, delays or shortages of supplies of any kind, or any other force majeure, or any other event or condition outside our reasonable control.
e. THE EXCLUSION AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 8 ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU.
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, employees, agents, and contractors from any damages, liabilities, losses, penalties, fines, costs, and expenses (including reasonable attorneys' fees), and any claim, suit, action, investigation, demand, judgment, order, settlement, and proceeding, arising in connection with your access to or use of this Website, any Content, any Service or feature on this Website, any Submission, and any activity by or for you on or in connection with this Website.
a. You and we are independent parties, each without the power or authority to bind, contract, or commit the other.
b. We reserve the right to (i) investigate any suspected breaches of this Website security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on this Website, (iii) involve and cooperate with law enforcement authorities in investigating any such matters, (iv) prosecute violators of these Terms to the full extent of the law, and (v) delete or modify any content on the site, including any materials or items you may have acquired through your use of this Website.
c. We do not waive, expressly or implicitly, any right or remedy, whether in these Terms or otherwise, including by selection or not selecting any right or remedy. Any waiver of any right or remedy by us requires an express prior written agreement signed by an officer or us.
d. Should any section, or portion thereof, of these Terms be held invalid by reason of any law existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body, such section or portion thereof shall be validly reformed so as to approximate the intent of these Terms as nearly as possible and, if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; these Terms shall not otherwise be affected.
e. When interpreting these Terms, these Terms and its provisions shall not be interpreted against us as the drafter. Words of any gender used in these Terms are intended to include any other gender, and words in the singular number include the plural, and vice versa, unless the context clearly indicates otherwise. The words “include” and “including” mean “including without limitation” or “including, but not limited to” and shall not be construed as terms of limitation, and the principle ejusdem generis shall not apply.
f. These Terms constitute the entire terms and agreement regarding the access to and use of this Website and any Content, other than any additional terms provided to you on this Website that you accept. We may, at any time, without the need for notice, assign, transfer, convey, or delegate any rights or obligations under these Terms.
g. These Terms, and their interpretation, construction, and enforcement, will be governed by, and any dispute and the resolution of any dispute under or related to these Terms, this Website, or any Content will be resolved and decided under, the laws of the State of Texas, without regard to its conflicts of law provisions whose application would result in the application of the law of a different jurisdiction. Any action or proceeding related to such dispute shall be subject to the non-exclusive jurisdiction of, and you hereby expressly submit to the personal jurisdiction of, Texas state and U.S. federal courts in Dallas County, Texas.
Updated April 19, 2023.
© 2023 by Maker District, Inc.
All Rights Reserved.