makeMania Terms and Conditions of Use
IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO makeMania, ("makeMania"), AND "YOU" AND "YOUR" REFER TO YOU. Before using makeMania, please read this agreement relating to your use of this website carefully.
1. ACCEPTANCE OF TERMS
By using makeMania, you agree to be bound by these terms and conditions of use ("Terms", "TOS"). If you do not agree to these Terms, please do not use makeMania. makeMania provides the information and services on makeMania to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of makeMania constitutes your agreement with such Terms.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to makeMania. Your continued use of the makeMania website following the posting of changes to these Terms will mean that you accept those changes.
In addition, each user's use of a particular makeMania service ("Service") may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms. Use of makeMania and its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use makeMania or any of its Services, as defined herein, and should refrain from accessing makeMania and its Services.
2. MODIFICATIONS TO SERVICE
makeMania reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, makeMania or any Service thereon (or any part thereof). makeMania shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
3. NO UNLAWFUL OR PROHIBITED USE
By using the makeMania website, you warrant to makeMania that you will not use makeMania, or any of the content obtained from makeMania, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the makeMania website automatically terminates.
4. DESCRIPTION OF SERVICE
makeMania is a web-based service for the purpose of allowing individuals around the world to show off before and after pictures of projects and people (the "Purpose"). makeMania allows its users to create and update descriptions as well as providing a rich collection of associated on-line resources including communications tools, project management tools, forums, personalized content and search services (collectively referred to as "makeMania", "the Service", or "the Services"). makeMania may be accessed through any various medium or device now known or hereafter developed. The Service may include advertisements which are necessary for makeMania to provide the Service.
5. REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or makeMania has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, makeMania has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the makeMania registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully liable for all activities occurring thereunder. makeMania cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify makeMania of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
You may not use this site unless you are at least 13 years old. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), makeMania will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
We reserve the right to refuse service to anyone for any reason at any time.
We strongly believe that each of our users has a right to maintain their privacy. makeMania reserves the right to sell, rent, or exchange your personal information to any third party for marketing purposes.
a. All information, data, text, software, music, sound, diagrams, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted on or privately transmitted via makeMania, are the sole responsibility and property of the person from which such Content originated (the "Author"). This means that the user, and not makeMania, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via makeMania or any Service. Within the confines of international and local law, makeMania will generally not place a limit on the type, or appropriateness of content created by users. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, makeMania is committed to submitting all necessary information to the proper authorities;
b. Should any Content be reported to makeMania as being offensive or inappropriate, makeMania might call upon the poster to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the makeMania staff. Should the poster fail to meet such a request from makeMania staff, makeMania has the full authority to terminate any such reported and verified account and associated inappropriate content. makeMania, however, is under no obligation to restrict or monitor Content in any way;
c. makeMania claims no ownership or control over any Content posted by users of makeMania. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the makeMania staff in protecting such Content. The user posting any Content represents that the poster has all rights necessary to post such Content (and for makeMania to serve such Content) without violation of any intellectual property or other rights or any laws or regulations;
d. With respect to Content you submit or ever make available for inclusion on publicly accessible areas of makeMania, you grant makeMania the world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, publicly perform and publicly display such Content.
e. You acknowledge that makeMania does not pre-screen Content, but that makeMania and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, makeMania and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, makeMania reserves the right to limit access to your account and associated content, if found in violation of the TOS, by removing the account, content and related user information from the member directory, search engine, and all other methods used in conjunction with finding makeMania's users and content.
f. makeMania, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of makeMania, makeMania users and the public. makeMania does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, quality or safety of such Content. Under no circumstances will makeMania be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via makeMania or any Service thereon.
g. By using makeMania or any Service, you may be exposed to Content that is offensive, indecent, objectionable or unsafe. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
h. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. MEMBER CONDUCT
You understand that should Content be found or reported to be in violation with, but not limited to, the following terms, it will be makeMania's sole discretion as to what action should be taken.
You agree to NOT use the Service to:
a. Upload, post or otherwise transmit any content that is in makeMania's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way, as seen by makeMania or applicable law;
c. Impersonate any person or entity, including, but not limited to, a makeMania staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. "Stalk" or otherwise harass another person or company;
l. Collect or store personal data about other users for business purposes;
m. Use makeMania as a forwarding service to another website;
n. Allow usage by others in such a way as to violate makeMania's TOS;
If any user is reported to be in violation with the letter or spirit of these terms, makeMania retains the right to terminate such account at any time without further warning.
9. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
makeMania may establish general practices and limits concerning use of makeMania Services, as defined by posted Service-specific Rules. While makeMania will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, makeMania has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. makeMania reserves the right to mark as "inactive" and archive makeMania accounts and/or content that are inactive for an extended period of time. makeMania reserves the right to change these general makeMania practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
You agree that makeMania, in its sole discretion, may terminate your password, account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if makeMania believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account, Content and all its parts, at makeMania's discretion, will be terminated as well. makeMania may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that makeMania may immediately deactivate or delete your makeMania account and all related information and files. makeMania reserves the right to bar any further access to such files or the Service. You agree that makeMania shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that makeMania shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
makeMania, any Service or a third party may provide links to other websites. makeMania exercises no control whatsoever over such other non-makeMania websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. makeMania shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of websites linked to makeMania, including information, material, products and services therein, is solely at your own risk.
makeMania's privacy statement is applicable only when you are on makeMania. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
Each user shall indemnify, defend and hold harmless makeMania, its subsidiaries and affiliates and their respective officers, employees and agents, and each of makeMania's website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of makeMania; his or her submission, posting or transmission of Content or his or her violation of the Terms.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAKEMANIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF makeMania HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
OUR AGGREGATE LIABILITY, AND THE LIABILITY OF OUR PARENT CORPORATION, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event that you have a dispute with one or more makeMania users, you release makeMania (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Without limiting any other remedies, makeMania may suspend or terminate your makeMania account if we suspect that you have engaged in fraudulent activity in connection with makeMania or any makeMania Service.
19. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of makeMania and all of its Services. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
20. NO AGENCY
You and makeMania are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
22. MAKEMANIA PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by makeMania or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
makeMania grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by makeMania for use in accessing the Service.
23. SUBMISSION OF UNSOLICITED IDEAS AND INFORMATION
24. TRADEMARK INFORMATION
makeMania, the makeMania logo and other makeMania trademarks, service marks, and product and service names are trademarks of makeMania (the "makeMania Marks"). makeMania and makeMania.com are trademarks of makeMania. All other names and designs may be trademarks of their respective owners. Without makeMania's prior permission, you agree not to display or use in any manner, the makeMania Marks.
makeMania respects the intellectual property rights of others, and requires that the people who use the makeMania website do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
If makeMania receives such a claim, makeMania reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.
Send notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") to: dmca@makeMania.com
After receiving a claim of infringement, makeMania will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, makeMania will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. makeMania will take reasonable steps promptly to notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, makeMania will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten business days. Additionally, makeMania will replace the removed material and cease disabling access to it not less than 10, nor more than 14 business days following receipt of the counter notice, unless makeMania's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the makeMania system or network.
You may provide us with a Counter Notification by providing our copyright agent the following information in writing:
26. RESOLUTION OF DISPUTES
In the event a dispute arises between you and makeMania, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and makeMania agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 21, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
27. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and makeMania and governs your use of the Service, superseding any prior agreements between you and makeMania with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other makeMania services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and makeMania shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and makeMania agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hudson, New Jersey.
Waiver and Severability of Terms. The failure of makeMania to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your makeMania account is non-transferable and any rights to your makeMania I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
28. VIOLATIONS OF TERMS
Please report any violations of the Terms to the makeMania Support Manager at support@makeMania.com