Terms of Service

Last Updated: January 18, 2021

Makey.com and its affiliated sites (each a “Site” and collectively, the “Sites”) are Plaid Creations’ brands, owned and operated by Plaid Creations Inc. and its affiliates (the "Company", "we", or "us"). Access to and use of the Sites and any mobile application made available by us including through the Apple App Store, Google Play Store or similar (each an “App” and collectively, the “Apps”) together with the services, features, content and or other related sources we offer (collectively with the Sites and Apps, the "Services") are all subject to this agreement (the “Terms of Use”) and any supplemental terms or user guidelines provided by us in connection with the same (“Supplemental Terms”).

Please note that these Terms of Use contain important provisions that may limit certain rights so please read these terms carefully.

USER AGE NOTICE:

The Services are not intended for use by anyone under 13 years of age. If you are 13 or younger, do not access or use the Services and do not provide us with any personal information.

By accessing or using any of the Services, you confirm that you are older than 13 years of age and you agree to be bound by these Terms of Use, our Privacy Policy and any Supplemental Terms (collectively, the “User Terms”). If you do not accept the User Terms, then do not use the Services.

REGISTRATION

Certain features and functionality of the Services or specific Sites or Apps may require you to register for and create a user account. Any personal information provided by you will be processed and handled by us in accordance with our Privacy Policy which describes our data privacy practices.

INTELLECTUAL PROPERTY

Plaid Creations Intellectual Property. The technology and content within the Services are owned by Plaid Creations Inc and/or its licensors and protected by copyright and other laws. We grant you a non-exclusive, non-transferable and revocable license to access and use the Services for your personal, non-commercial purposes conditioned on your compliance with the User Terms.

Brand Rights. MAKEY, and other trademarks, services marks, logos, designs and slogans used on or in connection with the Services, are trademarks of Plaid Creations Inc. or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans displayed within the Services (eg. in connection with any third-party content) are the trademarks of their respective owners.

Feedback. If You provide us with any suggestions, comments or other feedback relating to any aspect of the Services ("Feedback"), we may use such freely. Accordingly, You agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to us, (c) Plaid Creations Inc (including all of its successors and assigns and any successors and assigns may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from us or any of the other users of the Services in respect of the Feedback.

Third Party Content.

The Services include content provided by independent third parties under license for use by users. This content may include speciality topics or address general areas of interest. We do not represent or guarantee that any third party content provider has any specific expertise or subject matter knowledge nor do we verify any claims made by content providers in this regard. We cannot and do not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Services.

Please do not rely on Site content, including User Contributions and content from our independent contractor Content Providers. Content is provided for general information purposes only and can never take into account your unique, personal circumstances and needs. You acknowledge and agree that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and Company shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the Site, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice.

User Content. Subject to any applicable Supplemental Terms provided in connection with any Site or App, registered users of the Services may upload and post content through and on the Services (eg. through message boards, forums, review and rating sections and other interactive features that permit user to post comments or other content) (collectively “User Content”). We are not responsible for and do not endorse anything users post on the Sites or Apps, including all User Content.

We acquire no ownership interest in any User Content. You grant to us an irrevocable, non-exclusive license to use, copy, reproduce, make derivative works of, process, edit, alter, modify, publish, transmit, display, incorporate, reformat, translate, excerpt, and distribute for the purposes of the Services, and any related uses or promotion, anything you post on publicly accessible areas of the Sites or Apps at no cost to Company. You acknowledge and agree that you are responsible for any User Content which you submit or contribute, and you, not us have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Our Rights. We do not routinely monitor all material placed on the Sites or Apps, but we may in our sole discretion monitor content at any time and we reserve the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to suspend or terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the User Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

Infringing Content. We take copyright and other intellectual property rights seriously. If you believe that anything posted on or through the Services offends your copyright or other intellectual property rights, is defamatory, or otherwise infringes your rights, please refer to our Copyright Notice for further information on steps you should take to bring this to our attention.

ACCEPTABLE USE

You are responsible for all activity you conduct on or through the Services. You may not use the services for purposes that contravene law or our policies, including in outline: illegal purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution, display or storage of any material protected by copyright, trade-mark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, untruthful, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment; or to interfere with any other person’s use and enjoyment of the Services. If you are posting information on publicly accessible areas of the Sites or Apps, keep in mind that anyone can see it.

You agree to comply with all applicable laws in connection with your access to and use of the Services, including the provision of any personal data and User Content to us. Our content rules and restrictions are set out below in more detail and should be read carefully.

Content Rules and Use Restrictions. In using the Services You may not: copy any content unless expressly permitted to do so; upload, post, email, transmit or otherwise make available any material that:

is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; You do not have a right to make available under any law or under a contractual relationship; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 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 or data or the Services or that of any users or viewers of the Services or that compromises a user’s privacy; or contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; impersonate any person or entity or misrepresent their affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Services or impersonate another person or organization; interfere with or disrupt the site or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; violate any applicable local, state, national or international law or regulation; collect or store personal data about other users or viewers without their permission; license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; or modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of a Site or App or any software provided as part of the Services or to falsely imply that another website is associated with the Services.

IMPORTANT LIMITATIONS

Please read this section carefully. It contains important terms around our limitations and exclusions of liability, service-related disclaimers and your obligation to indemnify us for certain claims and losses. Disclaimers.

Your access to and use of the Services is at your own risk and you understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. We make no guarantees and we are not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. Users are solely responsible for verifying the information as being appropriate for user’s personal use.

Without limiting the foregoing, we make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Services, will create any warranty not expressly made herein.

Information sent or received over the Internet is generally unsecure and Company cannot and does not make any representation or warranty concerning security of any communication to or from the Sites or Apps. You are responsible for safeguarding any password that you use to access the Services and you are responsible for any activities or actions under your account. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH CANNOT BE EXCLUDED BY LAW.

Liability.

You cannot claim or collect any damages from Company for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or any damages that exceed the amount paid by you to us hereunder for any goods or services that the claim arises from. You hereby waive any and all claims against Company, its subsidiaries, affiliates, agents or licensors arising out of your use or inability to use the Services.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Your Indemnification

You agree to indemnify, defend and hold harmless Plaid Creations Inc, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any content or other materials provided by you, or (b) breach by you of the User Terms. You shall cooperate fully and reasonably in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

GOVERNING LAW AND DISPUTE RESOLUTION

The User Terms and any disputes arising in relation to the Services is governed by the laws of the Province of Ontario and the Federal laws applicable therein excluding any conflicts of law provisions. Class actions are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other users of the Services. In the event of a dispute, you irrevocably consent to its resolution exclusively in the provincial courts located in Ontario, Canada.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE USER TERMS OR IN CONNECTION WITH THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

GENERAL PROVISIONS

Third Party Sites and Links. Any third-party sites that are linked to this Site are not under our control. The site includes links to third parties from whom you can purchase items. We are not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Nor are we responsible in any way for any aspect of any goods or services you may purchase from those sites. We provide links as a convenience only and such links do not imply any endorsement by us of those sites.

Availability & Updates. We may alter, suspend, or discontinue any Services at any time and for any reason or no reason, without notice. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Services without notice.

Changing these User Terms. We reserve the right to change the User Terms at any time. You should check this page regularly. The changes will appear on the Site and will be effective when we post the changes. Your continued use of the Site means you agree to and accept the changes. The date of last revision of these terms is set out at the top of these Terms.

Severability; Waiver. For avoidance of doubt, if any portion of the User Terms is found to be unlawful, void or unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce or exercise any right under these User Terms, it will not be considered a waiver. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing.

Entire Agreement. The User Terms constitutes the entire agreement between the parties relating to the Services and all related activities. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.

Contact

If you have any questions about the User Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at contact@makey.com

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