1. ABOUT SUNITAS MAKERSPACE
The domain name and the Platform are owned, registered and operated byCSK Ventures , a partnership firm incorporated under the Indian Partnership Act, 1932, and having its registered office at_5th Floor,Ghod Dod Road ,Surat-395001________________ (hereinafter referred to as “Makerspace” or “we” or “us” or “our”).
2. INTRODUCTION TO OUR SERVICES
2.1 This Agreement applies to all Users of the Platform, including students (“Student(s)”) and instructors (“Instructor(s)”) who are also contributors of the User Content (defined hereinafter) on the Platform. The Platform provides products, software, services, features or any other service that Makerspace introduces from time to time (“Service(s)”).
2.2 The Service allows Students to find classes that they are interested in taking. Further, it allows Instructors to find Students interested in taking their classes. The Platform is an online learning community that supports and facilitates the online creation of educational videos or tutorials by the Users of the Platform and acts as an intermediary between the Instructor and the Student. Any User may create a video, audio clip or tutorial, by using the Platform and may also submit content on message boards, forums or other public areas of the Service. Such content, including but not limited to, the activities mentioned hereinabove, uploaded through the use of the Platform shall hereinafter be referred to as “User Content”.
3. ACCESS AND USE OF THE SERVICE
3.1 Use Description: The Service, and any content viewed through our Service, is solely for your personal and non-commercial use. Upon your registration with Makerspace, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access the Makerspace content and view your course(s) through the Service on a streaming-only basis . Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances. Makerspace may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Service, as well as copies of such materials, whether made in accordance with this Agreement or otherwise.
3.2 Eligibility to Use: You affirm that you have attained eighteen (18) years of age, are of sound mind and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. If you are under eighteen (18) years of age, you may use the Service by registering only with the approval of your parent or guardian.
3.4 Modifications to Service: Makerspace reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Makerspace will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law. You acknowledge that we have given you a reasonable opportunity to review this Agreement and that you have agreed to them. You agree and acknowledge that your use of the Platform is subject to the most current version of the Agreement made available on the Platform at the time of such use.
3.5 Change In Fees: We reserve the right, at any time, to change the free subscription of a User account and begin charging fees for the free Service. Provided that such changes will not apply to fees or charges paid or free Services used prior to the time of the change.
3.6 Recurring Subscriptions: If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Makerspace to maintain your account information and automatically renew your Service with no further action required by you. Makerspace may modify the free subscription available with the User and change the fee for Recurring Subscriptions from time to time and will communicate any fee changes to you in advance and, if applicable, how to accept those changes. Fee changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the fee change. You accept the new fees by continuing to use your Recurring Subscription after the fee change takes effect. If you do not agree with the fee changes, you have the right to reject the change by cancelling your Recurring Subscription before the fee change goes into effect. Please therefore make sure you read any such notification of fee changes carefully .
Subscription fee, if any, are non-refundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period.
3.7 General Practices Regarding Use and Storage: Makerspace reserves the right to refuse access to use the Platform to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so. We provide this Agreement on our Platform so that you know what terms apply to your use. You acknowledge that Makerspace may establish general practices and limits concerning use of the Service, including without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Makerspace servers on your behalf. You agree that Makerspace has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Makerspace reserves the right to terminate accounts that are inactive for an extended period of time. You agree and acknowledge that Makerspace reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
4. MODIFICATIONS TO THE AGREEMENT
We reserve the right, at our sole discretion, to change, modify or discontinue any aspect of this Agreement at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
6. USER CONDUCT AND CONDITIONS OF USE
6.1 User Content is provided to you on an “AS IS” and “AS AVAILABLE” basis. You may access content for your information and personal use solely as intended through the provided functionality on the Platform and as permitted under this Agreement. You shall not download any User Content unless you see a “download” or similar link displayed by Makerspace on the Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of Makerspace or the respective licensors of the User Content. Makerspace and its licensors reserve all rights not expressly granted in and to the Platform and the User Content.
6.2 You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Platform or the User Content therein.
6.3 You understand that when using the Platform, you will be exposed to User Content from variety of sources and by different Users, and that Makerspace is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Makerspace with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Makerspace, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Platform
6.4 The publication of the said User Content will be subject to the terms of this Agreement. Makerspace does not guarantee any confidentiality with respect to a User Content, regardless of whether or not it is published.
6.5 You are solely responsible for your own User Content and the consequences of posting or publishing them. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Content (and all content included therein), including the right to authorize Makerspace to use the User Content in the manner contemplated by the Service and this Agreement. Further, you affirm, represent and warrant that you grant limited license to Makerspace to all patent, trademark, trade secret, copyright or other proprietary rights in the said User Content for publication on the Platform pursuant to this Agreement and for the entire duration that the said User Content is available on the Platform .
6.6 You retain your ownership rights in your User Content. However, by submitting User Content to Makerspace, you hereby grant Makerspace a limited, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to copy, use, reproduce, distribute, upload, adapt, perform, display, publish, store, modify make available online or electronically transmit, the User Content in connection with the Platform and Makerspace’s business (including its successors, affiliates and permitted assigns), including without limitation for promoting and redistributing part or all of the Platform in any media/social media formats and through any media/social media channels, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). You also hereby grant each User of the Platform a limited, non-exclusive license to access your User Content through the Platform. The above licenses granted by you in the User Content you submit to the Platform terminate within a commercially reasonable time after you request Makerspace to remove or delete your videos from the Platform, provided you pay the mutually agreed amount that Makerspace incurred in providing the Platform to you. You understand and agree, however, that Makerspace may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments and testimonial you submit are perpetual and irrevocable.
6.7 You agree and acknowledge that Makerspace has no control over and assumes no responsibility for the User Content and by using the Platform, you expressly relieve Makerspace from any and all liability arising from the User Content.
6.8 You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other content and/or materials that you upload, post, publish or display (collectively referred to as “Upload”) or email or otherwise use via the Service. Makerspace reserves the right to investigate and take appropriate legal action against anyone who, in Makerspace’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators with immediate effect and initiating any legal proceedings against you in such cases. You agree to not use the Service to:
a) Email or otherwise Upload any content that(i) infringes any intellectual property or other proprietary rights of any party; (ii) is not allowed under any applicable law or under contractual or fiduciary relationships; (iii) contains software viruses, trojan horses, worms, cancelbots or any other computer code, files or programs designed to interrupt, destroy, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, political campaigning, promotional materials, commercial activities and/or sales, junk mail, spam, mass mailings, chain letters, pyramid schemes, contests, sweepstakes, or any other form of commercial solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vii) in the sole judgment of Makerspace, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Makerspace or its users to any harm or liability of any type; (viii) is false, inaccurate or misleading; and (ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
b) 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;
c) Violate any applicable local, state, national or international law, or any regulations having the force of law;
d) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
e) Harvest or collect email addresses or other personally identifiable information of other Users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications or for any commercial solicitation purposes;
f) Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
g) Further or promote any criminal activity or enterprise or provide instructional information about illegal activities that results in civil liability or otherwise breaches any relevant laws, regulation or code of practice; or
h) Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service or distribute in any medium any part of the Platform or the content without Makerspace’s prior written authorization;
6.9 Unless otherwise expressly authorized herein or by Makerspace in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works, alter, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6.10 You agree to receive installations and updates from time to time from Makerspace . These updates are designed to improve, enhance and further develop the Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Makerspace to deliver these to you) as part of your use of the Platform.
6.11 You agree not to use or launch any automated system, including without limitation, robots, spiders, or offline readers that accesses the Platform in a manner that sends more request messages to Makerspace’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Makerspace grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials .
6.12 You agree not to use deep links, page scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Platform, to access, acquire, copy or monitor any portion of the Platform/Service, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Platform/Service.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, service marks, trade secret or other proprietary rights and laws. Except as expressly authorized by Makerspace, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Makerspace from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The trademarks, service marks, logos, process, images, technology, graphics and software underlying the Service or distributed in connection therewith (“Software”) are the property of Makerspace, our affiliates and our partners. You agree not to copy, modify, create a derivative work, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Makerspace.
The Makerspace name and logos are trademarks and service marks of Makerspace (collectively referred to as the “Makerspace Trademarks”). Other Makerspace, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Makerspace. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Makerspace Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Makerspace Trademarks will inure to our exclusive benefit.
7.2 Third-Party Material: You agree that the User Content you submit on the Platform will not contain third-party copyrighted material, or a material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Makerspace all of the license rights granted therein. Under no circumstances will Makerspace be liable in any way for any content or materials of any third parties (including User Content), including, but not limited to, 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 such content. You acknowledge that Makerspace does not pre-screen content, but that Makerspace and its designees will have the right, but not the obligation, in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Makerspace and its designees will have the right to remove any content that violates the terms of this Agreement or is deemed by Makerspace, in its sole discretion, to be otherwise objectionable. 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.
7.3 User Content Transmitted Through The Service: With respect to the User Content which is uploaded through the Service or shared with other users or recipients, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (collectively referred to as “Submissions”), provided by you to Makerspace, its affiliates, successors, partners or permitted assigns are non-confidential and Makerspace, its affiliates, successors, partners or permitted assigns will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Makerspace may preserve User Content and may also disclose the said User Content, if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to(a) comply with legal process, applicable laws or government requests; (b) enforce the terms of this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Makerspace, its users and the public. 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 confirm and adapt to technical requirements of connecting networks or devices.
7.4 Complaints Pertaining to Copyright Infringement: Makerspace respects the intellectual property of others, and we ask our users to do the same. We operate a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify Makerspace of your infringement claim in accordance with the procedure set forth below.
To be effective, the notice must be in writing and contain the following information:
a. a description of the copyrighted work that you claim has been infringed;
b. a description of where the material that you claim is infringing is located on the Platform, including the Student’s or Instructor’s name , topic and any other detail identifying the infringing content on the Platform;
c. details of the complainant that proves their ownership or exclusive license in the copyright protected work;
d. details of the material posted on the Platform and proof that the infringing act is not covered under the fair use exception or any other act permitted under the Copyright Act, 1957 and amounts to infringement of the owner’s copyright;
e. information about the location where the transient or incidental storage of copyright work took place;
f. your physical address, telephone number, and email address;
Please submit your notice to our Copyright Agent as follows:
Email us at ____________ Or contact us by mail at: __________________
7.5 Repeat Infringer Policy: Makerspace shall terminate user access to the Platform, if a user has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice. Makerspace may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Further, in order to deal with copyright infringements by Instructors, we follow a three-strike policy. Three instances brought to our notice that are provided with all required supporting information will lead to the Instructor getting banned from the Platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked. The detailed process is as under:
a. First case of violation- The infringing User Content is taken down and Instructor is given a warning and is suspended for a week from making any new courses.
b. Second case of violation- The Instructor is suspended from making any more videos on the Platform for a month and all User Content that amount to copyright violations are brought down immediately.
c. Third case of violation- The Instructor is banned from the Platform and will be unable to make any more courses in the future.
8. THIRD PARTY WEBSITES
The Service may provide, or third parties may provide, links or other access to other websites and resources on the internet, that may or may not be owned or controlled by Makerspace. Makerspace has no control over such websites and resources. Makerspace assumes no responsibility for the content, privacy policies or practices of any third party websites and does not endorse such websites and resources. Additionally, Makerspace cannot and will not censor or edit the content of any third party website. You further acknowledge and agree that Makerspace will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Makerspace is not liable for any loss or claim that you may have against any such third party.
To the fullest extent permitted by applicable law, you agree to defend, release, indemnify and hold harmless Makerspace and its affiliates, successors and permitted assigns and their officers, employees, directors and agents harmless from any from any and all losses, damages, obligations, costs or debt, expenses, including but not limited to reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) your access and use of the Service and the Platform, (ii) any claim that your User Content caused damage to a third party, (iii) your connection to the Service, (iv) your violation of this Agreement or (v) your violation of any third party rights, inter-alia, copyright, property or privacy right; or (vi) violation of any applicable laws. This defence and indemnification obligation will survive this Agreement and your use of the Platform.
10. DISCLAIMER OF WARRANTIES
10.1 You agree that your use of the Service and the Platform shall be at your sole risk. To the fullest extent permitted by law, Makerspace, its officers, directors, employees and agents exclude all warranties, express or implied, conditions, terms or representations in connection with the Platform and your use thereof. To the fullest extent permitted by law, Makerspace excludes all warranties, conditions, terms or representations about the accuracy or completeness of the User Content or the content of any sites so linked and assumes no liability or responsibility for (i) errors, mistakes, omissions or inaccuracies of User Content or any content on Makerspace; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Platform; (iv) any bugs, viruses, trojan horses, worms, spyware, time bombs, cancelbots or the like which may be transmitted to or through the Platform by any third party; and/or (v) any loss or damage of any kind incurred as a result of the use of any User Content or any other content that is posted, emailed, transmitted, or otherwise made available via the Platform.
10.2 Makerspace does not warrant that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; and/or (iv) the quality of any products, services, information, or other material accessed, obtained or purchased by you through the Service will meet your expectations. Except as otherwise expressly provided herein, Makerspace expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
11. LIMITATION OF LIABILITY
11.1 To the fullest extent permitted by law, in no event shall Makerspace, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, losses or expenses including but not limited to, damages for loss of goodwill, use, data or other intangible losses whatsoever resulting from any (i) errors, mistakes, or inaccuracies of User Content or any other content available at Makerspace, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Platforms by any third party, and/or (v) any errors or omissions in any User Content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, and whether or not Makerspace has been advised of the possibility of such damages.
11.2 You specifically acknowledge that Makerspace shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
11.3 The Platform is controlled and offered by Makerspace from its facilities in India. Makerspace makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with the respective local laws.
11.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with this Agreement, your sole and exclusive remedy is to discontinue use of the Service.
12. GOVERNING LAW AND JURISDICTION
This Agreement, regardless of where executed, shall be subject to, governed by and construed in accordance with the laws of India, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the application of Indian law. Subject to Clause 13, the competent courts located in Gujarat shall have exclusive jurisdiction with respect to matters arising out of this Agreement and you hereby accede to and accept the jurisdiction of such courts.
13. DISPUTE RESOLUTION
13.1 The parties hereto irrevocably agree that any dispute, controversy or claim arising out of, relating to or in connection with the Governing Documents made available or updated from time to time on the Platform or the existence, breach or misrepresentation or inaccuracy, termination or validity hereof shall be amicably and jointly discussed and settled inter se between the parties.
13.2 In the event the dispute is not resolved within thirty (30) days of any party having notified the other regarding the existence of such dispute, the parties shall refer the matter to final and binding arbitration. The venue and seat of arbitration shall be Surat, India. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or any statutory amendments or modifications thereof in accordance with the laws and rules then in force. The tribunal shall consist of one (1) arbitrator, who shall be appointed based on mutual consent between the parties. In case the parties fail to arrive at such mutual agreement, Makerspace may nominate the names of three (3) retired High Court judges, and you shall be obligated to select one (1) amongst them who will act in the capacity of the sole arbitrator .
13.3 The Arbitration shall be conducted in English language and the award of the arbitrator shall be final and binding on the parties.
14. FORCE MAJEURE
Makerspace shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, pandemic, lockdown, civil unrest or riots, power outage, and/or unusually severe weather.
15. MAKERSPACE INTELLECTUAL PROPERTY RIGHT
15.1 The Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Platform is owned and controlled by Makerspace and the design, structure, selection, coordination, expression, look and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international intellectual property right laws and regulations. For clarity, content in the above sentence shall not include User Content.
15.2 Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Makerspace owns all intellectual property rights to and into the trademark “________”, “__________” and the Platform. The mark ” __________” is the sole property of Makerspace. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Makerspace.
You will not without obtaining prior written consent of Makerspace, disclose to any third party any Confidential Information (as defined hereinafter) that is disclosed to you during the term of your use of the Platform.
For the purpose of this clause confidential information shall include but shall not be limited to employee details, user list, business model, processes, ideas, concepts etc. relating to Makerspace or the Platform which are not available in the public domain and is deemed to be confidential, restricted and proprietary to us (“Confidential Information”). You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Makerspace and any breach of the same shall be strictly construed as a breach of this Agreement and without prejudice to any other rights and remedies available with Makerspace under this Agreement, you shall be liable to pay damages to Makerspace. Further, without limiting any other rights and remedies specified herein, an injunction may be sought against the party breaching the confidentiality clause of this Agreement from a court of competent jurisdiction.
17.1 Makerspace shall terminate a User’s access to the Platform in the following situations:
i. if the User breaches any terms of this Agreement;
ii. if the User is a repeat copyright infringer;
iii. violation of any applicable laws;
iv. your use of the Platform disrupts our business operations or affects any other party/ User; or
v. you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Makerspace.
17.2 Makerspace reserves the right to decide whether User Content violates the terms of this Agreement for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or any other parameter that Makerspace deems fit from time to time. Makerspace may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User’s account for submitting such material in violation of this Agreement.
17.3 We may suspend access to the Platform or require you to change your password if we reasonably believe that the Platform has been or is likely to be misused, and we will notify you accordingly. Any termination of your registration and/or account on the Platform will not affect liability previously incurred by you. You agree that Makerspace, in its sole discretion, may suspend, discontinue or terminate your account (or any part thereof) or use of the Service, with or without notice, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Makerspace believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.
17.4 You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that Makerspace may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Makerspace will not be liable to you or any third party for any termination of your access to the Service.
18. EFFECT OF TERMINATION
18.1 In case any of the above-mentioned cases occur, Makerspace reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
i. Makerspace shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
ii. Payments shall not be made for the work that is the subject matter of any of the breaches.
iii. User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
19. DISPUTES BETWEEN USERS
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Makerspace will have no liability or responsibility with respect to the dispute thereto. Makerspace reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
20.1 Notice: Notices, demands or other communication required or permitted to be given or made under this Agreement shall be in writing and delivered personally or sent by prepaid post with recorded delivery or email addressed to Makerspace at its address set forth below, or to such other address as Makerspace may from time to time duly notify:
If to Makerspace:
Address: CSK VENTURES,5th Floor GHOD DOD ROAD , SURAT-395001
Any such notice, demand or communication shall, unless the contrary is proved, be deemed to have been duly served at the time of delivery in the case of service by delivery in person or by post, and at the time of dispatch in the case of service by email.
20.2 Severability: If any provision of this Agreement is invalid, unenforceable or prohibited by applicable law, this Agreement shall be considered divisible as to such provision and such provision shall be inoperative and the remainder of this Agreement shall be valid, binding and of like effect as though such provision was not included herein. If any provision of this Agreement needs to be replaced, interpreted or supplemented, this shall be done in a manner that as far as possible preserves the spirit, content and purpose of this Agreement.
20.3 Headings and Fonts: Headings and bold typeface are only for convenience and shall have no legal or contractual effect and shall be ignored for the purposes of interpretation.
20.4 Entire Agreement: This Agreement constitutes the entire binding agreement between you and Makerspace with respect to the subject matter therein and govern your use of the service, superseding any prior agreements, understanding or arrangement between you and Makerspace with respect to the Service.
20.5 Additional Terms and Conditions: You may also be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
20.6 Waiver: The failure of Makerspace to exercise or enforce any right or provision of this Agreement or failure to act with respect to any breach by you or others, will not constitute a waiver of such right or provision and it shall not waive our right to act with respect to subsequent or similar breaches.
20.7 Assignment: You shall not assign any part of the Agreement or any benefit or interest in or under the Agreement, without the prior written consent of Makerspace. However, Makerspace may assign or transfer this Agreement, in whole or in part, without restriction.