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Terms of Service
Last Modified: 15th Nov, 2018

Welcome to the Makey Makey terms of use (these "terms"). These terms are in place to govern your use of, and access to, the www.makeymakey.com Unites States website, including our online store and any interactive services, such as community forums, that we operate through our website and any associated mobile applications. Our website and associated services and applications are referred to collectively, for convenience, as the "site". These terms apply to all users of the site, including browsers, customers, vendors, merchants, and contributors to the site.

When we refer to "you" and "your" in these terms, we are referring to you as a visitor to and user of the site. "We," "us," "our" and "Makey Makey" refer to Makey Makey LLC. "Content" refers to any information presented on the site, and includes text, data, graphics, images, photographs, video, audio, and other presentation of information.

In addition to these terms, your use of the site is governed by the other policies posted on the site, including our sale terms and privacy policy, and any other posted rules, guidelines, or terms (referred to collectively as our "site policies"). All of the other site policies are incorporated by reference into these terms.
1. ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, or using the site, placing an order, and/or using any interactive services, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree to these terms or to any other policy posted on the site, you should not access or otherwise use the site.

We may make changes to the site or these terms at any time. Any modifications will be effective when the changes are posted to the site. You can review the most current version of these terms at any time by accessing the section of the site labeled [Terms of Service], and you are expected to check this page from time to time to take notice of any changes that we make to the site or these terms. You understand and agree that your continued access to or use of the site after any posted modification to these terms indicates your acceptance of the modification, even if you did not take the time to read the modification.
2. CREATING AN ACCOUNT AND PROVIDING PURCHASE INFORMATION
When you use certain features of the site, you may be asked or required to create an account. This will require you to create a unique user identifier (your "User ID") and a password.

When you create an account or make a purchase as a guest, and each time you log in to an account tied to your User ID, you represent, warrant and agree that: (a) you are at least 18 years old, (b) you are using your actual identity, (c) you have provided only true, accurate, current and complete information during the purchase, account creation and/or login process, and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

Your User ID and password are unique to you, and you agree not to disclose or share your User ID or password to or with any third party. You further agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through the site, including any orders placed, in connection with your User ID and password regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer.

If you become aware of any loss, theft or unauthorized use of your User ID or password, please notify us immediately by contacting us.
3. MAKING PURCHASES ON THE SITE
If you make purchases through the site, those purchases are subject to our standard terms and conditions of sale, available at [insert link]. Products are sold for personal and educational use only. Therefore, you may not resell or otherwise use any products for commercial use.

We reserve the right to refuse or limit sales of products to any person, geographic reason, or jurisdiction, and to limit the quantities of products that we offer, all in our sole discretion.

All descriptions of products or product pricing are subject to change, at any time and without notice. We reserve the right to discontinue any product at any time.
4. THE SITE AND SOCIAL MEDIA ACCOUNTS
In addition to our makeymakey.com site, we also like to interact with you on third party sites where we post content or invite your feedback, such as through our accounts on Facebook, Twitter, Instagram, Google+, and YouTube ("social media sites"). Our terms and other site policies do apply to your use of our company-operated pages and accounts on these social media sites, but Makey Makey does not control the social media sites, and these terms and our other site policies do not apply to the social media sites. It is your responsibility to review the terms of use and other policies posted on the social media sites.

We may also from time to time include features on the site that allow you to share information from the site, or provide comments and feedback regarding the site, on social media sites. These interactive features may link to, or require you to log into one of your social media accounts, or may otherwise access or use your social media account information. This may result in our obtaining information about you (such as your social media account profile picture or other account information) from your social media service provider, and vice versa. We are not in control of your social media account or how the social media site providers use your information, which is governed by the setting and privacy policies of the social media sites. Again, you should review the terms of use and other policies posted on the social media sites.
5. USER CONTENT
Certain features of the site may allow you to provide comments and feedback regarding the site. Content provided by our users, including all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions, are referred to as "Submissions."

All Submissions must comply with our Acceptable Use Requirements, which are listed below.

You are solely responsible for any Submissions you disclose, submit or offer to us or that are disclosed, submitted or offered to us through any person accessing the site on your behalf or utilizing your Account.

You understand and agree that we have the right, but not the obligation, to release, publish and/or use any Submissions, any part thereof, in our discretion and for any purpose, including without limitation advertising and promotional activities, product development, and/or any other commercial purposes, without any right of compensation to you or any third party. You understand that no Submissions disclosed, submitted or offered to us will be treated as confidential, and you agree that you will not provide any Submissions that include any confidential or proprietary information.
6. ACCEPTABLE USE REQUIREMENTS
You agree to use the site only for its intended purpose, as described on the site and in these terms or any other site policy. Without limiting that general requirement, you agree that you will not, directly or indirectly:

  • Submit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Impersonate any person or entity (including any agent of Makey Makey), or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Create a false identity, or otherwise attempt to mislead any person as to the identity or origin of any communication, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content;
  • Post any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, investment opportunities, or any other form of solicitation;
  • Post any content that you do not have a right to post, whether by law or under any contractual or fiduciary relationship (such as proprietary or confidential information learned or disclosed as a part of an employment relationship or under a nondisclosure agreement);
  • Post any content that would violate any law; or
  • Otherwise use the site to engage in any activity, or any other activity that we deem in our sole discretion to be in conflict with the spirit and intent of the site and these terms.
In addition, you understand and agree that the site and all content and Submissions are to be used only for your personal, education, and other non-commercial use. Without limiting that general statement, you agree that you will not:

  • Accumulate or index, directly or indirectly, through automated means or otherwise, any content or portion of the site for any purpose whatsoever;
  • Use the site to compile mailing lists or other lists for commercial purposes;
  • Use the site to establish independent data files or otherwise amass statistical information;
  • Engage in any "screen scraping," "database scraping," or similar activities to obtain any content; or
  • Publish or distribute in any medium any information contained on the site, and/or summaries or subsets thereof, to any person or entity.
Further, you understand that the site strives to protect its security and integrity and those of its users. You therefore agree that you will not:

  • Attempt to access or access any other user's account;
  • Attempt to obtain or ascertain any other user's personal information by any means whatsoever;
  • Attempt to elude our security systems;
  • Attempt to gain access or gain access to the site or any user account in a fraudulent manner; or
  • Upload or submit any content containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
We reserve all rights to monitor the site for any reason, including to evaluate whether any Submissions posted on the site are, in our sole discretion, consistent with these terms. However, we assume no responsibility or liability arising from any Submissions. We are under no obligation to enforce these Acceptable Use Requirements, or any other part of these terms, on your behalf against another user. You understand that by using the site, you may be exposed to content that may offend you. Your sole remedy is to avoid such content.

We may suspend or terminate your access to the site at any time, with no liability to you, including if we are investigating any suspected noncompliance with these terms.
7. E-MAIL
We use e-mail as a vital and primary communication channel with you. By using the site, if you provide us with an e-mail address, such as when using the "Contact Us" or any similar features of the site, you grant us permission to communicate with you by e-mail for any purposes related to your use of the site, including for any disclosures, system messages and other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.

You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
8. LINKS TO OTHER WEB SITES
We and others may provide links to web pages, web sites, and various resources or locations on the web (collectively, "third party sites"). Links to third party sites are provided only for the convenience of users of the site. We do not operate, control, endorse or guarantee any third party sites. When you access any third party sites through a link posted on the site, please carefully read the terms and conditions of use, privacy policy and other policies of such third party site. Our policies do not apply to any third party site.
9. INTELLECTUAL PROPERTY
The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the site, which are protected by applicable intellectual and proprietary rights and laws.

You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any content without our prior express written consent. You are permitted to use view, print, or download any content from the site solely for your own personal or educational use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive and non-transferable license solely to view, print, and download content from the site solely for such limited permitted use. Any unauthorized use of the site and the content immediately and automatically without further action terminates this license. Notwithstanding the foregoing, you may not download, republish, retransmit, reproduce, or use in any other way any image on the site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the site).

"MAKEY MAKEY," the Makey Makey logo, the banana key logo, and all related names, logos, products and service names, designs and slogans are trademarks of us or our affiliates. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements,"hidden text" or other equivalents using the names "Makey Makey", "makeymakey.com" or any other colorable equivalent without our prior written authorization.

You will not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site.
10. COPYRIGHT COMPLAINTS
We take claims of copyright infringement seriously. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.

The Digital Millennium Copyright Act,

17 U.S.C. Section 512 (as amended from time to time, the "DMCA"), provides a complaint procedure for copyright owners who believe that any materials on the site infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the site, you may request removal of those materials (or access thereto) from the site by submitting written notification to our Copyright Agent (designated below). To comply with the DMCA, your written notice must include the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

These requirements must be followed to give us legally sufficient notice of infringement. Our Copyright Agent to whom you should send copyright infringement complaints is:

1729 Seabright Avenue, Suite B
Santa Cruz, CA 95062
Phone: 8314606242
Email: david@joylabz.com

We strongly suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA. For example, if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
11. INDEMNITY
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the site, your use of the site, your violation of these terms or your violation of any rights of any third party.
12. DISCLAIMER
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.

IN THE EVENT OF AN ERROR ON THE SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT THE ERROR AND REVISE YOUR ORDER ACCORDINGLY, OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

EXCEPT FOR ANY WRITTEN WARRANTY INCLUDED WITH PRODUCTS, THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "WHERE AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATIONS ON LIABILITY
MAKEY MAKEY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. MAKEY MAKEY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE MAKEY MAKEY OR BY AN AUTHORIZED MAKEY MAKEY REPRESENTATIVE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THAT SAID, MAKEY MAKEY’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO MAKEY MAKEY, IF ANY, TO ACCESS OR USE THE SITE.
14. PRIVACY NOTICE
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Notice, for more information on the collection and use of information on the site. The Privacy Notice is incorporated into these terms, and therefore applies to your access to and use of the site.
15. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.

The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms shall be brought solely in the City of Orlando, State of Florida. YOU AND MAKEY MAKEY HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
16. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
GENERAL PRIVACY POLICY

Last Modified: 6th Dec, 2018

This General Privacy Policy applies to all users of, and all information provided and collected through the Sites (including both the Labz Site and the Company Site), except as otherwise described in our Children's Privacy Policy. In this General Privacy Policy, references to "you" and "your" refer to you as a user of the Sites.

1. Personal Information We Collect

"Personal Information" is information that identifies you as an individual, such as:

  • Name;
  • Home or other physical address;
  • Telephone number;
  • Email address;
  • Credit card information;
  • Social Security Number;
  • Social media log-in information or other online contact information (including a screen name, if the screen name functions as online contact information);
  • IP addresses and persistent device identifiers that can be used to recognize a user over time across different websites;
  • Geolocation information that can be used to identify a street name and city or town; and/or
  • Other information that can be combined with the above identifying information and used to identify a particular person.
2. Why We Collect Personal Information and How We Use It

Below is a description of the categories of Personal Information we collect, our purposes and legal bases for collecting and using that Personal Information, and our retention practices.

  • Identification and Contact Information
  • This is information that identifies you as an individual, such as your name, and information that allows us to contact you, such as an email address, mailing address, or phone number. It also includes information that may be used to verify your identity, such as a government-issued ID number.
  • This information is generally collected when you create an account on our Sites, when you make a purchase, when you contact us through any "Contact Us" or similar links on the Site, when you request to receive promotional messages, and when you participate in any interactive services or features, such as surveys, contests, promotions, and interactive forums on our Sites, such as review features and blog pages.
  • If you use a social media account or your Google ID to sign into the Site and/or create an account, we will also receive your profile information and other information you have chosen to make public on your social media or Google account. This could include, for example, your email address, name, picture, gender, user ID and list of friends.
  • This information is collected and used (a) to verify your identity when you create and account or make a purchase; (b) to provide you with products, services, and content you have engaged with; (c) to contact you regarding your Site experience and respond to your inquiries, (d) to personalize your experience on the Site, such as by presenting projects and products tailored to you, (e) subject to your right to opt out, to send you promotional materials, and (f) for other business purposes, such as data analysis, audits, developing new products and services, enhancing our Sites, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.
  • Our legal basis for processing this information is our legitimate business interests, specifically our ability to offer our products and services.
  • We will retain this information for as long as we continue to have a business need to do so (which will be at least as long as you continue to maintain an active account on the Site), unless a longer period is required by law.
  • Billing Information
  • If you purchase products or sign up for a paid event through the Site, we will collect applicable billing information, such as credit card or bank account information.
  • We collect and use this information to process required payments.
  • Our legal basis for processing this information is your contractual agreement to pay for our products and services.
  • We will retain this information for as long as necessary to complete your purchase. If you opt to save your billing information in your account, we will retain the information for as long as you maintain your account.
  • User-Provided Information
  • If you participate in any interactive features of our Site, we will collect any personal information that you include as a part of your participation. The specific information collected will depend on the nature of your participation and submission, but may include information such as your name, image, likeness, and voice.
  • We collect and use this information for the purpose of allowing our customers and fans to participate in events and to engage with interactive features on our site.
  • Our legal basis for processing this information is our legitimate business interest in promoting an interactive and educational website.
  • We will retain this information for as long as we continue to have a business need to do so (which will be at least as long as you continue to maintain an active account on the Site), unless a longer period is required by law. Note that while you can in some cases request removal of user-provided information, as described below, in some cases we may not be able to remove Personal Information voluntarily disclosed by you due to technical limitations (for example, the data may not be searchable). We will do our best to inform you if we cannot remove information as requested.
  • A Special Note About Public Information. Whenever you use an interactive feature of the Site that allows you to post content, your post will be able to be seen and used by others so long as that page remains active, and possibly longer if web pages are cached. We are not responsible for the Personal Information you choose to post in this manner, and we encourage you to think carefully before posting anything in any publicly-available area of the Sites.

We have presented the information above based on the categories of information collected, but please be aware that some information may apply to multiple categories. For example, your name and address may be included within each of the "Identification and Contact Information," "Billing Information," and "User-Provided Information" categories.

3. When We Share Your Personal Information

Your Personal Information may be disclosed:

  • to our third party service providers cwist, Inc. d/b/a Workbench ("Workbench"), Google Analytics and Amazon, who provide services such as website hosting, data analysis, infrastructure provision, IT services, customer service, email delivery services, auditing services and other similar services, to enable them to provide services. We have not given these provider permissions to share user information with any other third parties. See the "Third Parties Who May Collect or Store Personal Information" section of this Privacy Policy for more information.
  • to other third party service providers who provide services such as website hosting, data analysis, infrastructure provision, IT services, customer service, email delivery services, auditing services and other similar services, to enable them to provide services. We require these entities to agree to maintain the confidentiality, security, and integrity of the Personal Information they obtain from us.
  • by you to the public, when you choose to post Personal Information on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials, any of which may be made public.
  • to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
  • as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
4. Third Parties Who May Collect or Store Personal Information

To help us provide you with the best service we work with a third party analytics provider called Google Analytics. This company helps us to understand your use of the Site. This information is for internal use only and can't be shared. It's just for us to help us improve our services for you. We are not responsible for Google's privacy practices. For more information please see their privacy policy at http://www.google.com/intl/en/policies/privacy/.

To help us host information and deliver emails we use Amazon. Amazon does not access our user information and does not share it with any other third parties. We are not responsible for Amazon's privacy practices. For more information on this service please see their privacy policy here: https://aws.amazon.com/privacy/.

To provide this platform to our users, we license it from Workbench. Workbench hosts the Site, including information collected from users, including Children. We are not responsible for Workbench's privacy practices. For more information on their collection and use of information through our Site, see Workbench's Privacy Policy.

Also see the disclosures under "Third Party Sites" below.

5. Other (Non-Personal) Information

"Other Information" is any information that does not reveal your specific identity or does not directly relate to an individual, such as:

  • Browser information;
  • Information collected through cookies, pixel tags and other technologies;
  • Demographic information and other information provided by you; and
  • Aggregated information.
6. How We Collect and Use Other Information

We and our third party service providers may collect Other Information in a variety of ways, including:

  • Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version and Internet browser type and version. We use this information to ensure that our Site functions properly.
  • Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited and language preferences. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while visiting the Site, as well as for online tracking purposes. We also use cookies to gather statistical information about the usage of the Site in order to continually improve its design and functionality, understand how customers use it and to assist us with resolving questions about it. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. If you choose to decline cookies, some or all of the features, functionality and promotions available through the Site may not be available to you.
  • Using pixel tags and similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Site pages and HTML-formatted email messages to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns and compile statistics about Site usage and response rates.
  • IP Address: Your "IP Address" is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering the Site.
  • From you: Information such as your location, as well as other information, such as your preferred means of communication, is collected when you voluntarily provide this information. Unless combined with Personal Information, this information does not personally identify you.
  • By aggregating information: Aggregated Personal Information does not personally identify you (for example, we may aggregate Personal Information that is then de-identified, to calculate the percentage of our users who have a particular telephone area code).
7. How We May Disclose Other Information

We may use and disclose Other Information for any purpose, except where we are not permitted to do so under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then, in addition to the uses listed in the "How We Collect and Use Other Information" section above, we may use and disclose Other Information for all the purposes for which we use and disclose Personal Information.

In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

8. Third Party Sites

We may include links to third parties from the website or services. We are not responsible for these companies, and we do not endorse them. Your use of our services may be subject to the terms and conditions and privacy policies of other services that we don't control such as mobile app stores, mobile software platforms or payment processors. Please be sure to check their privacy policies if you decide to visit them.

In addition, the third parties that service our Site features may use cookies, alone or with web beacons or other tracking technology, to collect information about you when you use the Site. They may be able to associate the information they collect with your Personal Information, or they may collect information, including Personal Information, about your online activities over time and across other website and online services. They may use this information to provide you with behavioral advertising or other targeted content.

We cannot control any third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

9. Do Not Track Requests

Currently, certain browsers, including Firefox, Google Chrome, Safari and Internet Explorer, offer a "do not track" (or, "DNT") option. This option, using a technology known as a DNT header, sends a signal to websites visited by the user about the user's DNT preference, if any, set on the browser. We do not currently commit to responding to browsers' DNT signals. We cannot make this commitment because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators.

10. Security

We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.

11. Your Choices and Control Over Your Personal Information

You may opt out from receiving marketing emails from us. If you no longer want to receive update emails from us, you may opt out of receiving them by following the instructions contained in each such email. If you opt out of receiving marketing messages from us, we may still send you important administrative messages.

If you would like to review, correct, update, suppress, delete or otherwise limit our use of the Personal Information you have provided to us, you may contact us by writing to:
Makey Makey LLC
PO BOX 1444
SANTA CRUZ CA 95061
Fax number: 831-604-8914
Phone: 831-460-6242

Email: privacy@joylabz.com

In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable.

12. Our Information Retention Practices

As noted above, we have standard retention practices with respect to the Personal Information we collect, and we will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law. If you would like to request any earlier removal of your Personal Information, please contact us. Please note that we may not be able to completely remove Personal Information from our systems in certain circumstances. This will be true if the data is not in a searchable format, if it is retained in backup systems or cached or archived pages, if we need it in order to prevent fraud or abuse, or if we are required by law to keep it.

13. Jurisdictional Matters

The Site is controlled and operated from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our Site you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than in your country.

14. Updates to this Privacy Policy

We may change this Privacy Policy. The "Last Updated" legend above indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Site. Your use of the Site following these changes means that you accept the revised Privacy Policy.

15. Notice to California Residents

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of Company to third parties for the third parties' direct marketing purposes. With respect to these entities, this Privacy Policy applies only to their activities within the State of California. To make such a request, please contact us through the information listed below, and indicate in your request that your inquiry is a "California Privacy Rights Request". Please note that there are legal limits on how often you can make such a request, and we are not obligated to respond to more than one request per customer per year.

16. Information for EU Residents

For our users in the European Union, this privacy policy is intended to comply with Regulation (EU) 2016 of the European Parliament and of the Council of 27 April 2016, known commonly as the General Data Protection act, or the GDPR. If you are in the EU, you have the following rights, subject to certain limitations and exceptions imposed by the GDPR:

  • Right to Access - this is the right to request copies of your personal information from us.
  • Right to Correct - this is the right to have personal information corrected if it is accurate or incomplete.
  • Right to Erasure - this is the right to ask us to delete or remove your personal information from our systems.
  • Right to Restrict Use - this is your right to block us from using, or to limit the ways we can use, your personal information.
  • Right to Data Portability - this is your right to request that certain of your personal information be transferred to a different provider.
  • Right to Object - this is your right to object to our use of your personal information, including when we use it for our legitimate interests, including for marketing purposes.

If you have questions relating to the above rights, you can contact us through the information listed below.

If you are not satisfied with how we have responded to any request you make regarding the above rights, you may be able to raise your complaint with the Data Protection Authority in your jurisdiction. You can find your national Data Protection Authority here.

For purposes of the GDPR, if you are located in the EU, Makey Makey LLC is the Data Controller of the information you provide, and you can contact us through the information listed below.

If you are from the EU or are located in the European Economic Area (EEA), we are also required to give you information about the transfer of your information outside the EEA. If this applies to you, whenever you voluntarily give us your personal information, you should understand that your information will be transferred to our servers, which are located in the United States, a jurisdiction that does not provide the same framework for the protection of personal information as the EEA. By voluntarily providing personal information, you are expressly consenting to the transfer of information from your location within the EEA to our servers in the United States.

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