We are a social network and online platform for both Makers and those that seek custom art and design.
The mission of Makeplease.com is to give freelance Makers the exposure and opportunity to earn a living with their art by providing an online platform that makes it easy for people to find and commission them for exactly what they need created. To achieve our mission, we make services available through our website, Makeplease.com, to help you meet other Makers or potential clients, exchange ideas, learn, make deals, and make decisions in a network of trusted relationships and groups.
1.2. Scope and Intent
When you use Makeplease’s website and services, you are entering into a legal agreement and you agree to all of these terms.
2. Makeplease “DOs” and “DON’Ts.”
2.2. Here’s a summary of agreed-upon behavior from you as a condition of using our services:
- Use Real Information. Provide your real name and accurate information about yourself. It is not okay to provide misleading information about yourself, your qualifications or your work experience, affiliations or achievements on Makeplease’s service.
- Be Kind and Professional. Behave professionally by not being dishonest or inappropriate. We acknowledge the value of discussions around professional activities, but we do not want you to use Makeplease to shock or intimidate others. It is not okay to share graphic images to shock others, and it is not okay to share obscene images or pornography on Makeplease’s service.
- Do No Harm. Makeplease shouldn’t be used to harm others. It is not okay to use Makeplease’s services to harass, abuse, or send other unwelcomed communications to people (e.g., junk mail, spam, chain letters, phishing schemes). Do not use Makeplease’s services to threaten violence or property damage, or for hate speech acts like attacking people because of their race, ethnicity, national origin, gender, sexual orientation, political or religious affiliations, or medical or physical condition. Also, please don’t use Makeplease’s services to intentionally infect others with viruses, worms, or other software that can destroy or interrupt their data or computer devices. It is not okay to interfere or disrupt Makeplease’s service.
- Follow the Law. We do not want Makeplease to be used for illegal activities or to violate the rights of others. Don’t use Makeplease’s services to commit fraud. Before sharing or using someone else’s copyrighted works, trademarks, private information, or trade secrets, please make sure you have the legal right to do so.
3. Your Obligations
3.1. Applicable laws and this Agreement
Some promises you make to us in this Agreement:
You will follow the law and Makeplease’s rules.
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice.
3.2. License and warranty for your Maker Profile and uploads to Makeplease
You still own what you own, however you grant us a license to the content and/or information you provide us if you are chosen as Maker of the Week.
As between you and Makeplease, you own the content and information you provide Makeplease under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.
If you have a Maker Profile on Makeplease, you are automatically eligible for the opportunity to be featured as Maker of the Week, and we can and will feature you at any time on our Instagram, Facebook, Twitter, and #Makeplease page, and do not need to receive written consent from you. We will choose 6 works from your Maker Profile and/or Instagram account to feature. We will give you full credit for the work. We will curate the featured pieces without your consent, unless you specifically notify us of which works you would like featured.
We will respect the choices you make about who gets to see your information and content.
You promise to only provide us information and content that you have the right to give us and you promise that your Makeplease profile will be truthful.
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
It is your responsibility to keep your Makeplease profile information accurate and updated.
3.3. Service Eligibility
You are eligible to enter into this contract and you are at least our “Minimum Age.”
The information you provide is truthful.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Makeplease account, (3) are not a competitor of Makeplease or are not using the Services for reasons that are in competition with Makeplease; (4) will only maintain one Makeplease account at any given time; (5) will use your real name and only provide accurate information to Makeplease; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Makeplease or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
“Minimum Age” means (a) 18 years old. However, if applicable law requires that you must be older than such ages in order for Makeplease to lawfully provide the Services to you then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 18.
3.4. Your Membership
You will keep your password a secret.
You will not share an account with anyone else.
You will not copy or transfer any part of the Services.
The profile you create on Makeplease will become part of Makeplease and except for the content and information that you license to us is owned by Makeplease. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Makeplease account to another party; and (5) not charge anyone for access to any portion of Makeplease, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your Makeplease, account, please contact Haley Davis at firstname.lastname@example.org.
You will pay us for any losses that you cause.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Makeplease.
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3.7. Notify us of acts contrary to the Agreement
If you think you have to breach this Agreement, you will let us know beforehand.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
3.8. Notifications and Service Messages
You are okay with us providing you with important notices on our websites, mobile apps, or email.
The contact information you provide must be accurate or you may not receive important notices.
Notice may consist of an email from Makeplease to an email address associated with your account, even if we have other contact information. You also agree that Makeplease may communicate with you through your Makeplease account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Makeplease account or services associated with Makeplease. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
3.10. User-to-User Communication and Sharing
When you share information, others can see, copy and use that information.
Please note that ideas you post and information you share may be seen and used by other Members or, if public, by Visitors, and Makeplease cannot guarantee that other Members will or will not use the ideas and information that you share on Makeplease, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it on Makeplease.com. Makeplease IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON Makeplease.
You are okay with us collecting, using, and storing information about you that you provide on Makeplease.com. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Makeplease are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Makeplease may process such information.
3.12. Export Control
You won’t break export laws.
Your use of Makeplease services is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any artwork or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or artwork.
3.13. Contributions to Makeplease
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.
By submitting suggestions or other feedback regarding our Services (“Contributions”) in any way to Makeplease, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Makeplease is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Makeplease shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Makeplease may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Makeplease rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Makeplease under any circumstances.
4. Your Rights
If you follow this agreement, we grant you a limited right to use Makeplease.
You will only access and use Makeplease in the way this Agreement allows you.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 2, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Makeplease authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Makeplease or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of Makeplease contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Makeplease commercially unless expressly authorized by Makeplease) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Makeplease and all related items, including any and all copies made of the Makeplease websites.
5. Our Rights & Obligations
5.1. Services Availability
We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and content.
For as long as Makeplease continues to offer the Services, Makeplease shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Makeplease as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Makeplease, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Makeplease or by direct communication to you unless otherwise noted.
We may not keep showing the content or information you provide to us.
Makeplease further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Makeplease to be contrary to this Agreement. For avoidance of doubt, Makeplease has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Makeplease may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.
5.2. Third Party Content, Sites and Developers
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5.3. Disclosure of User Information
You agree that we can use, store, and share information about you.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Makeplease, our Members or the public.
5.4. Interactions with other Members
We have the right to limit the interactions on the Services.
You are solely responsible for your interactions with other Members. Makeplease may limit the number of interactions you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Makeplease reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Makeplease determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
5.5. Intellectual Property Notices
We are providing you notice about our intellectual property rights.
The Services include the copyrights and Intellectual property rights of Makeplease and except for the limited license granted to you in Section 3, Makeplease reserves all of its intellectual property rights in the Services. Makeplease and other Makeplease trademarks, service marks, graphics, and logos used in connection with Makeplease are trademarks of Makeplease. Other trademarks and logos used in connection with Makeplease may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
We disclaim any legal liability for the quality, safety, or reliability of Makeplease.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON MAKEPLEASE OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR MAKEPLEASE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAKEPLEASE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAKEPLEASE AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY MAKEPLEASE OR ANYTHING RELATED TO MAKEPLEASE, YOU MAY CLOSE YOUR MAKEPLEASE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 8 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. MAKEPLEASE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH MAKEPLEASE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. MAKEPLEASE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, MAKEPLEASE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. MAKEPLEASE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. MAKEPLEASE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MAKEPLEASE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE MAKEPLEASE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
7. Limitation of Liability
We are trying to limit any legal liability we may have to you.
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Makeplease shall not be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services or any of the content or other materials on, accessed through or downloaded from Makeplease. This limitation of liability is part of the basis of the bargain between the parties and without it the terms would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Makeplease may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
8.1. Mutual rights of termination
We can each end this Agreement anytime we want.
You may terminate this Agreement, for any or no reason, at any time, with notice to Makeplease at email@example.com. This notice will be effective upon Makeplease processing your notice. Makeplease may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Makeplease account includes disabling your access to Makeplease and may also bar you from any future use of Makeplease.
8.2. Misuse of the Services
Makeplease may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes abusing the Makeplease messaging services; creating multiple or false profiles; using the Services commercially without Makeplease’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 2, or any other behavior that Makeplease, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Makeplease has adopted a policy of terminating accounts of Members who, in Makeplease’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
8.3. Effect of Termination
Upon termination of your Makeplease account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).
9. Dispute Resolution
9.1. Law and Forum for Legal Disputes
In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Makeplease, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Makeplease agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in San Francisco, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Makeplease agree to submit to the personal jurisdiction of the courts located within the City and County of San Francisco, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Makeplease shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
9.2. Arbitration Option
Each of us will have the right to choose arbitration.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction
10. General Terms
Here are some important details about how to read the Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
In addition to Section 3.8. (“Notices and Service Messages”), we may notify you via postings on www.Makeplease.com.
10.4. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Makeplease regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
10.5. Amendments to This Agreement
We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.Makeplease.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 8 (Termination).
10.6. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by Makeplease shall be deemed legally binding on Makeplease, unless documented in a physical writing hand signed by a duly appointed officer of Makeplease.
10.7. No Injunctive Relief
You waive your rights to try to stop Makeplease, but we don’t waive our rights to ask a court to stop your actions.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
10.8. Assignment and Delegation
You can’t assign your rights under this Agreement, but we can.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Makeplease for any third party that assumes our rights and obligations under this Agreement.
10.10. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
11. Complaints Regarding Content Posted on the Makeplease Website
If you think someone has stolen or misused your intellectual property on Makeplease, please contact us using the information below.
We built Makeplease to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Members to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.