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.
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.
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.
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.
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.
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.
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:
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.
- 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.
- 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.
- 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 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.
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.
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.
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.
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.
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.