Welcome to Makerys.com! Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Makerys.com website (the “Service”) operated by How Its Created (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Accounts
1.1 Registration
When you create an account with us, you must provide us with accurate, complete, and up-to-date information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
1.2 Account Security
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2. Intellectual Property
2.1 Ownership
The Service and its original content, features, and functionality are and will remain the exclusive property of How Its Created and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of How Its Created.
2.2 User Content
By submitting, posting, or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed).
3. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by How Its Created.
How Its Created has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that How Its Created shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
4. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
5. Limitation of Liability
In no event shall How Its Created, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
6. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
How Its Created, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
7. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
8. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at contact@makerys.com.
9. Privacy Policy
Your privacy is important to us. It is How Its Created’s policy to respect your privacy regarding any information we may collect from you across our website, Makerys.com, and other sites we own and operate. Please review our Privacy Policy for more information on how we handle your personal data.
10. User Conduct
As a user of the Service, you agree not to engage in any activity that is harmful, harassing, threatening, abusive, defamatory, libelous, invasive of another’s privacy, hateful, or otherwise objectionable. You also agree not to engage in any activity that may infringe or misappropriate the intellectual property rights of any third party, or that violates any applicable local, state, national, or international law or regulation.
11. Copyright Policy
How Its Created respects the intellectual property rights of others and expects users of the Service to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond promptly to notices of alleged infringement that are reported to our designated copyright agent. If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us with the necessary information as outlined in our Copyright Policy.
12. Indemnification
You agree to defend, indemnify, and hold harmless How Its Created, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.
13. Waiver and Severability
No waiver by How Its Created of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of How Its Created to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14. Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and How Its Created regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
