Thank you for joining and participating in the Dremel Maker Studio community ("Maker Studio").
Maker Studio is provided by Dremel, a division of Robert Bosch Tool Corporation, a Delaware corporation with offices at 1800 W. Central Road, Mount Prospect, IL 60056 (“Dremel”, "we" or "us"), and is based on technology provided by Chaordix, Inc. of Suite 313, 1240 - 20th Avenue SE, Calgary, Alberta T2G 1M8, Canada (“Chaordix”).
PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING MAKER STUDIO.
NOTE: THE FOLLOWING PARAGRAPH DOES NOT APPLY IN CIRCUMSTANCES IN WHICH THE LAWS APPLICABLE IN THE RELEVANT JURISDICTION (INCLUDING THE PROVINCE OF QUÉBEC) PROHIBIT ITS APPLICATION.
THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO Maker Studio, THESE TERMS OR THE PRIVACY STATEMENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
BY USING Maker Studio, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE Maker Studio.
We may, without notice to you, at any time revise this Agreement and any other information contained in Maker Studio by updating this posting. We, or Chaordix, may also make improvements or changes in the products, services, or programs described in or offered on this site at any time without notice.
You must be 18 years of age or over to participate in Maker Studio, and be able to form legally binding contracts under applicable law. You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in this Agreement.
1.1 During and subject to this Agreement, we grant you a limited, non-exclusive, non-sub-licensable, freely revocable license to access and use Maker Studio solely to enable your participation in Maker Studio.
1.2 The license granted above depends upon your compliance with this Agreement and such other rules as, following written notice to you, we may impose from time to time upon your use of our services and of Maker Studio. Maker Studio and services (and any outputs thereof) provided by us to you and any copies thereof made by you are and shall remain our exclusive property.
1.3 Except for the rights specifically granted under this Agreement, you are not given any right, title or interest in or to Maker Studio or any related services (and any outputs thereof), and we expressly reserve all such rights, titles and interests. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us and/or our licensors.
2. ACCEPTABLE USE AND CONDUCT
2.1 You are solely responsible for your conduct on Maker Studio. You specifically agree you will not do anything on Maker Studio that:
- (a) infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- (b) is intended for spamming, "chain letters," "pyramid schemes", advertisement any type, or other advertising or marketing activities that violate this Agreement, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off Maker Studio
- (c) is misleading, deceptive or fraudulent, illegal or promotes illegal activities, such as engaging in phishing or otherwise obtaining financial or other personal information;
- (d) is libellous or defamatory, or is threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- (e) is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Dremel;
- (f) interferes with the proper working of Maker Studio or prevents others from using Maker Studio;
- (g) facilitates the unlawful distribution of copyrighted content; or
- (h) involves the use of misleading email or IP addresses, or forged headers or otherwise manipulated identifiers to disguise the origin of content transmitted through Maker Studio or to users.
Additionally, you agree not to:
- (a) "stalk" or otherwise harass anyone;
- (b) collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- (c) impersonate a Dremel employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity or Dremel without authorization;
- (d) request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of Maker Studio, including Maker Studio ID and passwords;
- (e) use any profanity or post any content that Dremel determines constitutes pornography or is adult in nature;
- (f) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Maker Studio - except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
- (g) post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Maker Studio's infrastructure or systems;
- (h) attempt to gain unauthorised access to Maker Studio's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, Maker Studio; or
- (i) take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of Maker Studio or for using it for purposes unrelated to Maker Studio).
2.2 You agree not to authorise or encourage any third party to use Maker Studio to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Dremel in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
2.3 Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
- (a) run, rent, lease, loan, or sell access to Maker Studio or Maker Studio technology;
- (b) decompile or reverse engineer or attempt to access the source code of the software underlying Maker Studio or Maker Studio technology;
- (c) copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Maker Studio technology;
- (d) access Maker Studio to build a product using similar ideas, features, functions, interface or graphics of Maker Studio;
- (e) access (or attempt to access) any service on Maker Studio by any means other than as permitted in this Agreement;
- (f) circumvent, disable or otherwise interfere with security-related features of Maker Studio; or
- (g) delete the copyright and other proprietary rights notices on Maker Studio.
3. OWNERSHIP OF CONTENT
3.1 You may voluntarily choose to, or Dremel may invite you to submit feedback, information, data, text, software, messages, ideas, proposals, suggestions, responses, documents or other materials, including but not limited to reviews of Dremel products and services (each, a "Submission"). You agree that you are solely responsible for all of your Submissions. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted.
3.2 By submitting any Submission, you represent and warrant that:
- (a) You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submissions as described in these Terms;
- (b) You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
- (c) Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- (d) You voluntarily agree to waive all "moral rights", “author’s rights” or similar rights in any jurisdiction that you may have in your Submission;
- (e) Any information contained in your Submission is not known by you to be false, inaccurate, or misleading;
- (f) Your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- (g) Your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- (h) You were not and will not be compensated or granted any consideration by any third party for submitting your Submission;
- (i) Your Submission does not incorporate materials from a third-party website, or addresses, e-mail addresses, contact information, or phone numbers (other than your own);
- (j) Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- (k) Your Submission does not contain any information that is confidential, proprietary, or personal to you or to any other person; and
- (l) Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- (m) we are not under any obligation of confidentiality, express or implied, with respect to the Submission;
- (n) we shall be entitled, at our sole discretion, to use and disclose such Submission for any purpose, in any way, in any media worldwide;
- (o) we may have something similar to the Submission already under consideration or in development;
- (p) you are not entitled to any compensation or reimbursement of any kind from us for the Submission under any circumstances.
3.3 By submitting a Submission, you transfer to Dremel all right, title and interest in such Submission. In the event you are unable to transfer all right, title and interest in such Submission, you grant Dremel and its Affiliates an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- (a) Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- (b) Use (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- (c) Display advertisements in connection with your Submissions and to use your Submissions for advertising and promotional purposes; and
- (d) disclose metrics regarding Submissions, or derived from Submissions, for advertising, marketing and business development purposes.
3.4 We may, but are not obligated to, pre-screen Submissions or monitor any area of Maker Studio through which Submissions may be submitted. We are not required to host, display, or distribute any Submissions on or through Maker Studio and may remove at any time or refuse any Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any Submissions. Further, you agree that we may freely disclose your Submission to any third party without restriction on use or disclosure.
3.5 Without limiting the foregoing, we reserve the right to retain copies of all Submissions for archival purposes after termination of this Agreement.
3.6 Additionally, you understand and agree that any Submissions you create that are displayed on Maker Studio may continue to appear on Maker Studio, even after you have terminated your Maker Studio account or terminated this Agreement, as portions of your content may have been incorporated into member profiles, RSS feeds or other features.
4. TRADEMARKS AND LEGAL NOTICES
4.1 All Dremel trademarks, service marks, typefaces, company designs, logos and emblems on Maker Studio are protected by trademark law. The marks and design elements used on Maker Studio are intellectual property of Dremel and its affiliates. You will not copy, use, infringe upon, misappropriate or otherwise violate these marks and design elements. Maker Studio may also contain other product, service and/or company names that may be the trademarks of their respective owners.
5. OWNERSHIP OF TECHNOLOGY INTELLECTUAL PROPERTY
5.1 You agree that as between you, Chaordix and Dremel, Chaordix owns all right, title and interest, including all intellectual property rights, in and to the technology on which Maker Studio relies, subject to the ownership rights of any third party. Additionally, you further agree that we own all rights, title and interest, including, all intellectual property rights to content created on or submitted to Maker Studio. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to us.
5.2 Additionally, Maker Studio may display hyperlinks or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third-Party Sites are in no way integrated into Maker Studio and the inclusion of any link does not imply Maker Studio's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Dremel expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to, by, or through Maker Studio. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
5.3 All links to this website must be approved in writing by us, except that we consent to links in which the link and the pages that are activated by the link do not:
- (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
- (b) misrepresent your relationship with us or Chaordix;
- (c) imply that we, or Chaordix, approve or endorse you, your website, or your service or product offerings; and
- (d) present false or misleading impressions about us or Chaordix or otherwise damage the goodwill associated with our or Chaordix's names or trademarks. As a further condition to being permitted to link to this site, you agree that we, or Chaordix, may at any time, in our/its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any of our or Chaordix's trademarks.
6. Copyright Claims and Designated Agent.
It is the policy of Dremel to respond to claims of intellectual property infringement. Dremel will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512c2 (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider‘s Designated Agent. Notification must be submitted to the following Designated Agent for Dremel:
Attn: DMCA Claims; John Hauter
1800 West Central Rd.
Mt. Prospect, IL 60056
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) and is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Designated Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of any federal court in Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Dremel may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or you, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Dremel's sole discretion.
7. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to Dremel that you will comply with all applicable laws, rules, and regulations in connection with your use of Maker Studio including your promotional or other activities off Maker Studio that relate to your participation in Maker Studio. Dremel reserves the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to cancelling your access, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Statement.
8. Maker Studio'S RELATIONSHIP WITH USERS
You acknowledge that Dremel may terminate your account and remove your Maker Studio account in accordance with this Agreement.
9. MEMBER DATA PRIVACY AND COOKIES
9.1 Member privacy is important to us. You agree not to harvest any email addresses or any other information from Maker Studio for the purpose of sending email in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement. For details on how your personal information that you submit to Maker Studio will be handled, please refer to the Privacy Statement.
10. YOUR ACCOUNT
10.1 You agree to provide accurate information, and keep the information current. You agree to keep your login name and password confidential, and not give it to anyone else. You agree not to log in using someone else's credentials. You agree to contact us if you think your account has been accessed without your approval or if you believe your login name and password have been stolen. Dremel reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.
10.2 Dremel will not be liable for any loss that you may incur as a result of someone else using your Maker Studio ID or password, either with or without your knowledge. However, you may be held liable for losses incurred by Dremel or another party due to someone else using your Maker Studio ID, or password. In other words, please be careful with your identity and passwords.
11.1 Information on Maker Studio is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Neither we nor Chaordix in partnership with Dremel assume responsibility (and therefore expressly disclaim responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
11.2 Neither we nor Chaordix in partnership with Dremel provide any assurances that any reported problems will be resolved, even if we or Chaordix elect to provide information with the goal of addressing a problem.
12. DISCLAIMER OF WARRANTIES
12.1 USE OF Maker Studio IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," “WITH ALL FAULTS” AND “AS AVAILABLE” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. DREMEL AND CHAORDIX IN PARTNERSHIP WITH DREMEL EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT , NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED UNDER THIS AGREEMENT, INCLUDING WITH RESPECT TO Maker Studio. WITHOUT LIMITATION, DREMEL AND CHAORDIX IN PARTNERSHIP WITH DREMEL MAKE NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
12.2 THE DOWNLOADING OR OBTAINING OF ANY MATERIAL FROM OR THROUGH Maker Studio IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY:
- (a) LOSS OF DATA; AND
- (b) DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE,
THAT RESULTS FROM THE SAME.
12.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Maker Studio MEMBERS, DREMEL OR CHAORDIX IN PARTNERSHIP WITH DREMEL OR THEIR RESPECTIVE SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM Maker Studio SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
13.1 You agree to indemnify, defend, and hold harmless Dremel and Chaordix in partnership with Dremel, and their successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:
- (a) Your use or misuse of, or connection to, Maker Studio;
- (b) Your breach or alleged breach of this Agreement;
- (c) Your violation of any law or the rights (including intellectual property rights) of a third party;
- (d) Your use or misuse of any user data including, in violation of the Maker Studio Privacy Statement
- (e) Your breach or alleged breach of any agreement or policy between you and other users.
13.2 Dremel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Dremel. Dremel will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. LIMITATION OF LIABILITY
14.1 Nothing in this Agreement shall limit or exclude any party's liability to the extent such exclusion is prohibited by applicable law.
14.2 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We and Chaordix in partnership with Dremel therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
14.3 TO THE EXTENT PERMITTED BY LAW, DREMEL, CHAORDIX IN PARTERNSHIP WITH DREMEL, OTHER MEMBERS OF OUR AND THEIR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US AND CHAORDIX HERBY EXPRESSLY EXCLUDE:
- (A) ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; AND
- (B) ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH MAKER STUDIO OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF MAKER STUDIO, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING:
- (i) LOSS OF INCOME OR REVENUE;
- (ii) LOSS OF BUSINESS;
- (iii) LOSS OF PROFITS OR CONTRACTS;
- (iv) LOSS OF ANTICIPATED SAVINGS;
- (v) ANY PERSONAL OR BODILY INJURY, DEATH, PROPERTY DAMAGE;
- (vi) LOSS OF DATA OR CONTENT CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA);
- (vii) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION;
- (viii) LOSS OF GOODWILL; AND
- (ix) WASTED MANAGEMENT OR OFFICE TIME,
IN EACH CASE WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
14.4 SUBJECT TO CLAUSES 14.1, 14.2 AND 14.3, EACH OF DREMEL'S AND CHAORDIX'S (IN PARTNERSHIP WITH DREMEL) MAXIMUM TOTAL LIABILITY TO YOU IN RESPECT OF ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE GREATER OF:
- (A) $100; AND
- (B) THE TOTAL AMOUNTS PAID TO MAKER STUDIO BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
14.5 Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through Maker Studio. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over this Agreement. Please see the applicable agreement or notice.
15. CHANGES TO Maker Studio
Dremel reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing Maker Studio or any part thereof with or without notice. Dremel will not be liable to you or to any third party for any modification, suspension or discontinuance of Maker Studio.
16. CONFIDENTIAL INFORMATION
Neither Dremel nor Chaordix in partnership with Dremel want to receive confidential or proprietary information from you through Maker Studio. Please note that any information, content or material posted or uploaded to Maker Studio will be deemed NOT to be confidential. By uploading or posting any information or material on Maker Studio, you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right and license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that we are free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless:
- (a) we obtain your permission to use your name;
- (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or
- (c) we are required to do so by law.
Personally-identifiable information that you submit to Maker Studio will be handled by Dremel in accordance with our Privacy Statement.
We may amend, modify, change, add or remove portions of this Agreement or any related guidelines or policies at any time without notice to you by posting a revised version on http://www.dremelmakerstudio.chaordix.com or elsewhere on Maker Studio. The revised version will be effective at the time we post it. Please check Maker Studio periodically for changes. Your continued use of Maker Studio after posting of the changes constitutes your binding acceptance of such changes. If a revised version includes a material change, it will be effective for an existing user on the earlier of:
- (a) the date you accept it; and
- (b) 30 days after the material changes are initially posted to Maker Studio.
The revised version will apply to you immediately if you are a user who registers or first uses Maker Studio on or after the posting of the revised version.
18. TERM, TERMINATION AND SURVIVAL
18.1 This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership with Maker Studio at any time and for any or no reason by sending an email to email@example.com with a request to officially terminate your account.
18.2 Maker Studio has the right (at its sole discretion) for any reason to:
- (a) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Maker Studio; or
- (b) shut down Maker Studio, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid, or return or retain any data or content, in each case except as may be required by applicable law.
18.3 Upon deactivating your account, this Agreement will terminate and you will no longer have a right to access your account OR any content you may have created.
18.4 If any provision of this Agreement is prohibited by law or held by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
19. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of laws provisions.
YOU AND DREMEL AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE PRIVACY STATEMENT, AND/OR Maker Studio SHALL BE FINAL AND BINDING ARBITRATION.
You and Dremel agree to submit all disputes between you and Dremel arising out of or relating to Maker Studio, this Agreement or the Privacy Statement or any alleged breach or interpretation thereof, to binding arbitration, provided that the foregoing shall not prevent Dremel from seeking injunctive relief in a court of competent jurisdiction. Within thirty (30) days after either party has notified the other in writing that it is submitting a dispute to arbitration, three (3) arbitrators shall be chosen under the then current Rules of the American Arbitration Association (“AAA”) pertaining to commercial disputes (“Rules of the AAA”). The arbitration will be held in Cook County, Illinois, and will be conducted according to the Rules of the AAA. The arbitration agreement shall be governed by the laws of the State of Illinois, without regard to its conflicts of law provisions. The arbitration award shall be by a written decision containing findings of fact and conclusions of law shall be final and binding and may be enforced by any court of competent jurisdiction. The party prevailing in the arbitration or other legal proceedings is entitled to recover its litigation costs, including reasonable attorney's fees. In no case shall the arbitrator be authorized to award costs and damages otherwise prohibited herein.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE Maker Studio, THEN, WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY EITHER MAILING YOUR OPT-OUT REQUEST TO ROBERT BOSCH TOOL CORPORATION, MAKER STUDIO ARBITRATION OPT-OUT, 1800 W CENTRAL RD, MOUNT PROSPECT, IL 60056, ATTN: LEGAL DEPARTMENT OR BY SENDING AN EMAIL TO DREMELTOOLS@US.BOSCH.COM. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to this Agreement.
NOTE: THE FOLLOWING PARAGRAPH DOES NOT APPLY IN THE PROVINCE OF QUÉBEC.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF Maker Studio, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
21. RELATIONSHIP OF THE PARTIES
The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that neither Dremel nor Chaordix in partnership with Dremel has any special relationship with or fiduciary duty to you. No party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, any other party.
22. NO THIRD PARTY BENEFICIARIES
None of the provisions of this Agreement are intended to, or will, confer a benefit on or be enforceable by any third parties.
23. FORCE MAJEURE
Any delay in the availability of Maker Studio or non-performance of Maker Studio shall not be deemed a breach of this Agreement if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers), labor strike or walk-out, act of God, or any other event beyond the reasonable control of Dremel or its service providers.
24.1 The failure of Maker Studio to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in this provision, and the other provisions of this Agreement remain in full force and effect.
24.2 You may not delegate your duties under this Agreement or assign this Agreement or your Maker Studio accounts or Maker Studio IDs, in whole or in part. Maker Studio may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganisation, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.
24.4 The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
24.5 Maker Studio may provide you with notices, including those regarding changes to this Agreement or any of Maker Studio's terms and conditions, by email to the email address in your Maker Studio profile, regular mail, or postings on Maker Studio. Notice will be deemed given twenty-four (24) hours after email to the to the email address in your Maker Studio profile is sent. You agree to update your Maker Studio profile in the event your email address changes. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to Maker Studio) are deemed given two (2) days following the initial posting.
If you have a question about this Agreement, or our handling of your information, you can contact us at the “CONTACT US” page of our corporate website, accessible via https://www.dremel.com/en_US/customer-support, or by mail at:
Attn: “Dremel Maker Studio”
1800 W. Central Road
Mount Prospect, IL 60056
If you have a question, comment or suggestion about the technology of Maker Studio, you can contact Chaordix at firstname.lastname@example.org.