ACCEPTING THESE TERMS
This contract sets out your rights and responsibilities when you use MakerPlace Inc. and its Sites, navigate through our websites, make purchases through our websites, use our blogs or social media services, or make use of any of the services provided by MakerPlace Inc. and its Sites (collectively “Services”). By using any of our Services, you’re agreeing to the Terms. If you do not agree with the Terms, do not use the Site.
Both our Services and Sellers process members’ personal information (such as: buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. Each party is responsible for the personal information it processes in providing the Services. If a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the Seller, not the Services, will be responsible for the unauthorized disclosure.
When you use the Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on or through the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Sellers and Customers may promote and share blog post content, shops, products, and other content across Social Media channels.. All content shared on social media by our Customers and Sellers is to be tasteful, positive, and friendly.
Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, invasive of privacy, infringing of intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or is otherwise offensive or in violation of any of our policies on Social Media. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
Use of Content. If you do post content or submit any material to us, and unless we indicate otherwise, you grant us 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 content throughout the world in any media. You grant our Services and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify our Services for all claims resulting from content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. MakerPlace Inc. and its Sites takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright Complaints. MakerPlace Inc. and its Sites respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures for Making Claims of Copyright Infringement.
Termination. Any user found to be sharing inappropriate, false, or misleading content on Social Media is subject to be terminated as a Customer or Seller. If termination occurs, the user forfeits any and all reward points or other benefits provided by our Services. In the event of termination, Customers and Sellers are still responsible to pay their account balance in full.
All content included in or made available through the Site, such as text, graphics, logos, button icons, images, books, digital downloads, and data compilations, is the property of MakerPlace Inc., its Sites, Sellers, or Content Suppliers and protected by United States and international copyright laws. The compilation of all content accessible through the Site is the exclusive property of our Services and protected by U.S. and international copyright laws.
MakerPlace Inc., its Sites, and other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Sites are trademarks, registered trademarks or trade dress of our Services in the U.S. and other countries. Trademarks and trade dress may not be used in connection with any product or service that is not our Services, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits our Services. You may not use any logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from our Services. All other trademarks not owned by our Services that appear in the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by our Services.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) our Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
MMI Intellectual Property
900 State Street, Suite 008
Erie, PA 16501
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
LICENSE AND SITE ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, MakerPlace Inc., its Sites, its Sellers, or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by our Services terminate if you do not comply with these Conditions of Use.
If you choose to access the Site, you do so on your own initiative and are responsible for compliance with local laws. Products made available on the Site may be subject to local laws and regulations and you are responsible to ensure that your use of the products are not in violation of those laws and regulations.
As a registered user of the Site, you may receive or establish one or more passwords and accounts ("Account"). If you use the Site, you are responsible for maintaining the confidentiality of your Account(s) and for restricting access to your computer(s) or device(s), and you agree to accept responsibility for all activities that occur under any of your Accounts. MakerPlace Inc. and its Sites does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with the involvement of a parent or guardian. MakerPlace Inc. and its Sites reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reward Points is a loyalty program offered by our Services to its customers. These terms and conditions form the agreement (the “Agreement”) between each customer that participates in Reward Points (referred to as a “Member”) and MakerPlace Inc., its Sites, and its participating affiliates and subsidiaries (collectively “Company”).
Participating in the Program entitles members (“Members”) to take advantage of certain Program Rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by our Services in its sole discretion. Our Services reserve the right to modify these Reward Points Program Terms and Conditions at any time, without notice to you. By participating in Reward Points, Members agree to the terms and conditions, rules, regulations, policies, and procedures of the Program.
- Membership in the Program is free and no initial purchase is required. Membership is required at the time of purchase to receive Reward Points for that purchase.
- When purchasing items, Members may choose to either redeem earned reward points or continue saving reward points to use on a future purchase. Upon redemption of reward points, the points will immediately be deducted from the Member's account.
- Reward Points may not be redeemed for cash, and are not transferable to any other individual or entity.
- Reward Points cannot be earned on any portion of a transaction that is paid for using store credit.
- Reward Points redeemed for physical products do not apply to shipping costs on those products. Member is responsible for paying for shipping.
- Once Reward Points are redeemed, points cannot be credited back to Member’s account.
- MakerPlace Inc. and its Sites reserve the right to disqualify Members who have violated any of the Program terms and conditions. MakerPlace Inc. and its Sites reserve the right to cancel any membership for which it has incomplete, inaccurate, false or fictitious personal information. In the event that our Services terminate the Program or your membership in the Program for any reason, all Reward Points earned on your account will be forfeited.
- Inactivity: If a rewards member does not earn Reward Points or redeem Reward Points for 12 consecutive calendar months, the membership will be deemed to be inactive and all accumulated Reward Points will be forfeited.
Member Information & Communications:
- By participating in the Program, Member agrees to allow Company to communicate via mail, email, phone, external websites and various other channels. Company may use these channels to communicate Member account status, notify Member when they are eligible for a reward, communicate program changes, offer special Member promotions, coupons, information and offerings that are believed to be of interest to you.
Site gift cards are a gift card that can only be used to purchase goods and services at a specific MakerPlace Inc. Site. The Card is not a credit card, charge card or bank debit card and can only be used for the amount of funds loaded onto the card. The funds loaded on the Card are collected by MakerPlace Inc. and its Sites and deposited with and held by us in a pooled account with funds associated with other cards. You will not be paid or earn interest on the amount of the Card. Neither the Card nor funds loaded to the Card are insured by the Federal Deposit Insurance Corporation.
The Card may be subject to deductions required by law, including deductions, if any, resulting from the escheat of Card funds under applicable state laws governing unclaimed property. You may not add any funds to the Card. Your ability to make purchases with the Card will end when the Card amount reaches zero.
Online Transactions. You may use the Card to purchase goods and services only from shops selling on our Services.
If you attempt to use the Card for a purchase amount that is greater than the amount on the Card, your transaction may be declined. However, if the purchase amount is greater than the amount on the Card, you may be permitted to pay the difference with alternative methods. You do not have the right to stop payment on any transaction originated by the use of the Card. Return policies for individual shops apply to your purchases, and any existing dispute processes apply. You will resolve disputes on purchases made using the Card and returns thereof, and if you receive a refund relating to a Card transaction, you agree to accept a credit to the Card as the method of refund. Any credit to the Card may not be available for use by you for up to 10 business days. A credit to a zero balance Card will reinstate the Card.
Unclaimed Funds – Escheat. If our records show that you have not used the Card within a time period set by state law, the amount remaining on the Card may become unclaimed property subject to escheat under state unclaimed property laws. If the amount remaining on the Card becomes unclaimed property subject to a state unclaimed property law, we will be required to escheat the available balance to the state in an amount and at the time required by the state law. At that time, you will lose the ability to use the Card. If escheat occurs, you may inquire about the status of the Card funds by emailing email@example.com.
Legal Transactions. You agree that you will only use the Card for transactions that are legal. You agree that we may decline transactions we believe may be illegal or in violation of the applicable network rules. You also agree that if we do not decline the transaction, we may charge the Card and we are not liable to you if you engage in an illegal transaction.
Limitations on Use. You agree that a purchase made by you may not be authorized or settled by us unless it complies with this Agreement. The Card may be canceled, repossessed, locked or revoked at any time without prior notice. You may not use the Card to pay seller fees or purchase additional Gift Cards.
Authorized Use of Card. If you authorize someone else to use the Card, you will be responsible for any transactions initiated by such person(s) with the Card even if you intended to limit that person’s use of the Card to a particular amount or particular time. You agree to safeguard the Card, and to report any suspected unauthorized use of the Card immediately by emailing firstname.lastname@example.org.
Email Address to be Notified in Event of a Lost or Stolen Card. If you believe that the Card has been lost or stolen: email email@example.com. Subject to acceptable proof of Card ownership, we will make reasonable efforts to lock a lost or stolen Card from further use. If you notify us promptly of a lost or stolen Card and we are able to lock it from further use, you will not be liable for any further transactions associated with the lost or stolen Card.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be 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 message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
If you do post content or submit any material to us, and unless we indicate otherwise, you grant us 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 content throughout the world in any media. You grant MakerPlace Inc., its Sites and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify our Services for all claims resulting from content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. MakerPlace Inc. and its Sites takes no responsibility and assumes no liability for any content posted by you or any third party.
Termination By You. You may terminate your account with our Services at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You are still liable to pay any outstanding bills.
Termination By Our Services. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our Site. Our Services may refuse service to anyone, at any time, for any reason.
If you or our Services terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. Our Services reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAKERPLACE INC. AND ITS SITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAKERPLACE INC. AND ITS SITES DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAKERPLACE INC. AND ITS SITES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If MakerPlace Inc. or its Sites gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend MakerPlace Inc. or its Sites (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
DISPUTES WITH OTHER USERS
If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Buyers and sellers who are unable to resolve a dispute related to a transaction on our Sites may participate in our case system. MakerPlace Inc. and its Sites will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. MakerPlace Inc. and its Sites have no obligation to resolve any disputes.
You release MakerPlace Inc. and its Sites from any claims, demands, and damages arising out of disputes with other users or parties.
DISPUTES WITH MAKERPLACE INC.
Governing Law. The Terms are governed by the laws of the State of Pennsylvania, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Arbitration. Any dispute or claim relating in any way to your use of the Sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. The parties shall bear their own fees and costs, including attorneys fees regardless of the outcome of any arbitration.
Forum. MakerPlace Inc. is based in Erie, Pennsylvania. Any legal action against MakerPlace Inc. or its Sites related to our Services must be filed and take place in Erie. That means the seat of any arbitration shall be Erie. For any actions not subject to arbitration, you (where your contract is with MakerPlace Inc. or its Sites.) and MakerPlace Inc. or its Sites agree to submit to the personal jurisdiction of a state court located in Erie County, Pennsylvania.
Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Pennsylvania.
Modifications. If we make any changes to this “Disputes with MakerPlace Inc.” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against MakerPlace Inc. or its Sites prior to the date the changes became effective. MakerPlace Inc. or its Sites will notify you of substantive changes to the “Disputes with MakerPlace Inc”. If you do not agree to the modified terms, you may send MakerPlace Inc or its Sites a written notification (including email) or close your account. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and MakerPlace Inc or its Sites in accordance with the provisions of this “Disputes with MakerPlace Inc.” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to the Sites, these Conditions of Use and any policies at any time. Your continued use of the Sites following any changes will indicate your acceptance of such changes. If you do not agree to a change, you must immediately stop using the Sites. If any policies or these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition or policy shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or policy.
If you have any questions about the Terms, please email us at: firstname.lastname@example.org.
Standard terms and conditions September 19, 2017 - These terms are strictly enforced.
Last updated on January 12, 2021.