Last update: 26/02/2015
Terms and Conditions of Use
These Terms and Conditions of Use (“Agreement” or “Terms“) constitute the contract that governs our relationship with users and others who interact with the online service offered hereby and known as Makeree. By using or accessing Makeree, you agree to this Agreement, as updated from time to time in accordance with Section 11 below.
“Makeree” may also mean, according to context, Makeree Ltd., the legal entity operating the Makeree service.
- Permission to Use Makeree
You must be 13 years or older to access or use Makeree (or any part of it). If you are not an adult, meaning you are not at least the legal age of consent where you reside, you must have your parent or legal guardian agree to these Terms on your behalf and supervise your access to and use of Makeree. If you don’t meet the foregoing requirements, you are not authorized to access or use Makeree.
Makeree tests all the “making” procedures that it posts, prior to posting, to confirm their applicability and safety. However, you are advised to exercise your own judgment before trying any “making” procedure demonstrated on Makeree.
In order to protect your safety, you should strictly conform to the instructions provided by Makeree, and apply all safety measures recommended by Makeree.
CHILDREN UNDER THE AGE OF 13 SHOULD NOT BE ALLOWED TO PERFORM ANY “MAKING” PROCEDURES WITHOUT ADULT SUPERVISION.
PLEASE BE ADVISED THAT IF YOU CHOOSE TO TRY ANY “MAKING” IDEA POSTED BY OR VIA MAKEREE, YOU ARE DOING SO AT YOUR OWN RISK AND RESPONSIBILITY.
- Sharing Your Content and Information
By uploading any content and information to Makeree, you represent and warrant that you own all copyright to such content and information.
By uploading any content that is covered by intellectual property rights, like photos, videos and text (“IP Content”), you specifically give us the following permission: you grant to us a world-wide, royalty-free, fully paid-up, perpetual, non-exclusive, transferable, and fully sublicensable (through multiple tiers) right and license (but not the obligation) to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works of, display, perform (each publicly or otherwise) and otherwise use all or part of IP Content, by any and all means and through any media and formats now known or hereafter discovered or developed, but solely in connection with Makeree and/or our business activities (such as, without limitation, for promoting and marketing Makeree) and/or to comply with legal or technical requirements. Additionally, to the extent permitted under applicable law, you hereby waive and agree not to assert any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral,” or similar rights, in connection with IP Content (the “IP License”).
Deletion of your content will not affect the IP License.
When you publish content or information, including IP Content, it means that you are allowing everyone, worldwide, including people off of Makeree, to access, download and use that information, and possibly to associate it with you (e.g., your name and profile picture). You acknowledge that you are doing this at your own risk.
We always appreciate your feedback, suggestions and ideas, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Makeree fair, but we cannot guarantee it. We need your help to keep Makeree fair, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on Makeree.
You will not access Makeree using automated means (such as harvesting bots, robots, spiders, or scrapers), including, without limitation, collect users’ content or information, without our express prior written consent.
You will not use Makeree to engage in unlawful multi-level marketing, such as a pyramid scheme.
You will not upload viruses or other malware.
You will not solicit login information or access an account of anyone else.
You will not intimidate, bully or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not post content that presents a significant risk to public safety or promotes the dangerous or unlawful use of ammunition, explosives, firearms, weapons or other similar materials;
You will not use Makeree to publicize or offer any commercial activity, yours or that of any third party.
You will not manipulate identifiers or other data in order to disguise the origin of any IP Content or to manipulate or disguise your presence on Makeree.
You will not impersonate any person, firm or entity, including any of Makeree’s employees, partners, licensors, licensees or suppliers.
You will not use Makeree to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or hinder the proper working or appearance of Makeree, such as a denial of service attack or interference with page rendering or other Makeree functionality.
Third Party Content
Makeree might display, contain, link to or make available content from a variety of sources (including other users and other third parties) including images, models, posts, creations, opinions, recommendations, or advice and such content may be incomplete or inaccurate, or offensive or objectionable to you. We are not responsible or liable for, and we don’t necessarily endorse or review, any content. All content, including your content, is the property of its copyright owner(s) or other rightsholder(s). Except as expressly provided in these Terms, use of Makeree does not grant, waive, or limit any ownership rights of such owner(s) or rightsholder(s). You must comply with all applicable laws, rules and regulations in relation to your access to and use of Makeree, including local laws regarding online conduct, acceptable content and the exportation of content from the jurisdiction where you reside.
Makeree has never directed, and never will direct, its users or partners to upload content that infringes upon any right belonging to a third party. Uploading content that infringes on third-party rights constitutes a direct and material violation of these express Terms and will, without limitation, subject the uploading party’s account to suspension and/or termination, where appropriate.
Makeree or its licensors own all copy and other rights to any content uploaded by Makeree (“Makeree Content”). You may not and will not attempt to download or otherwise harvest Makeree Content. Makeree hereby grants you a limited, non-transferrable license to view Makeree Content solely via Makeree and solely for personal use, subject to your valid subscription to Makeree and subject to all other terms of this Agreement. Any rights to Makeree Content not expressly granted herein are reserved by Makeree.
Registration and Account Security
You are making the following commitments to us relating to registering and maintaining the security of your account:
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might risk the security of your account.
You will not transfer your account to anyone without first getting our written permission.
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
You will not post content or take any action on Makeree that infringes or violates someone else’s rights or otherwise violates the law.
If you believe that your copyright or trademark has been infringed, please notify us at firstname.lastname@example.org.
If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, please notify us at email@example.com.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including, without limitation, Makeree, the Makeree logo and Makeree logo), or any confusingly similar marks.
If you collect content or information posted by users, or directly from them, you will make it clear that you (and not Makeree) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information.
You will not post anyone’s identification documents or sensitive financial information on Makeree.
Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on Makeree within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days’ notice (for example, by posting the change on www.makeree.com)
This Agreement will terminate on the first to occur of the following: (1) our termination of all of your rights hereunder; (2) our discontinuation of the Makeree service or (3) the date you cease to use the Makeree service by uninstalling all Makeree software and discontinuing all use of the Makeree service.
If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Makeree to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
Upon any termination of this Agreement, the following provisions will still apply: 4, 7, 13, 14, 15, 16, 17.
If anyone brings a claim against us related to your actions, content or information on Makeree, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Makeree and are not responsible for the content or information users transmit or share on Makeree. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Makeree. We are not responsible for the conduct, whether online or offline, or any user of Makeree.
THE SERVICE AND ALL CONTENT RELATED THERETO ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MAKEREE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, WITH RESPECT TO MAKEREE OR ANY CONTENT POSTED BY, ON OR THROUGH MAKEREE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
YOUR USE OF MAKEREE (IN WHOLE OR IN PART) AND ANY CONTENT IS AT YOUR OWN DISCRETION AND RISK.
MAKEREE DOES NOT WARRANT THAT ANY USE OF OR ACCESS TO MAKEREE OR ANY CONTENT WILL BE ERROR-FREE, COMPLETE OR SECURE.
This Section 14 will be enforceable to the maximum extent allowed by applicable law. No information or advice (whether written, oral or otherwise) provided by Makeree will create any warranty or in any way affect the disclaimers of warranty or limitations of liability expressly provided in these Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, (1) IN NO EVENT WILL MAKEREE BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL MAKEREE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY OR OF NO FAULT ON ITS BEHALF; AND (2) THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO MAKEREE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
The laws of the State of Israel, without giving effect to their conflict of laws rules, will govern any and all disputes arising in connection with this Agreement or use of Makeree. Any and all disputes arising in connection with this Agreement or use of Makeree will be submitted exclusively to the competent court in Tel Aviv, Israel.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
Makeree may freely assign any or all of its rights or obligations hereunder in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
Makeree reserves all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Makeree.