Terms of Use

Terms and Conditions of makerist GmbH

makerist GmbH
GF: Karim Lotfy, Victoria Herzog
Warschauer Platz 11-13
10245 Berlin

14/03/2016

Dear Visitors and makerist Members,

It is important to us that we satisfy the entire makerist community through providing instructive and accessible content that can be shared freely on our site - thus bringing a true and tangible benefit for all. We are aware that general business conditions are often difficult to understand, usually due to the intimidating length of the text and specificities. It is for these reasons that we have done all within our powers to ensure that these Terms and Conditions are as clear and comprehensible as possible. The legal jargon, however, cannot be avoided. Our experience has shown us that conflicts typically emerge when the contractual relations haven't been sufficiently fleshed out. Our wish, therefore, is to clearly present the Terms and Conditions which contractually oblige us, in order to avoid all potential conflict. Equally, we urge that all our members interact in a friendly and respectful manner, and thereby observe the rules that have been set out below.

1. Scope

1. The following conditions concern the access and use of our offers on makerist.com, as well as the mobile app and all devices linked to makerist GmbH (hereafter referred to as "we" or "us"). Our managing director is Karim Lotfy, Victoria Herzog. Our offices are situated on Warschauer Platz 11-13, 10245 Berlin, Germany. More details and contact information can be found in our Legal section.

2. By registering in our database, you consent to the validity of these terms. You are obliged to familiarise yourself with these Terms and Conditions and respect them at all times. In the event that you do not fully agree to the Terms and Conditions, you should not register nor use the functions on our site.

3. By registering at makerist, you automatically become a member and you can then create your profile. Registration is exclusively reserved for adults, who are not limited in their capacities nor under care. Companies must be represented by an adult.

4. You can re-read our Terms and Conditions at any point on our website - print them, download them or save them. We refuse every measure that contradict the measures laid out below.

5. We are committed to constantly improving and expanding our services. In such a case, we reserve the right to change these Terms and Conditions accordingly in the future. In the case of changes, the updated Terms and Conditions will be sent to you via the e-mail address that you provided during your registration. If you do not challenge the changes within four weeks, they will automatically become part of the contract that binds both parties.

2. Definitions

Definitions relating to these Terms and Conditions:

1. "User" - those who visit or use the makerist site or app.

2. "Members" - registered users.

3. "makerist community" - all the members and users.

4. "Account" - the user account of the member.

5. "Trainer" - those who convey the learning content, for example in a video.

6. "We" - we, makerist.

3. makerist's Services

1. On our platform we offer learning content (online video courses / training videos), which our members can access via our website or our app. Our focus is on the topics of handiwork and arts & crafts, and other such related hobby areas.

2. Our training videos are prepared by experts in their respective fields. Some of our courses are offered free of charge. However, the majority of online courses that we offer, divided into several kinds of training areas, do require a monetary purchase. We are constantly expanding and enriching our range of educational content.

3. As a member, you can publish your work in our showcase via text or images. Here, other members and visitors can like or comment on what you have shared.

4. We offer to our members the sale of Materials, Video Courses and Tutorials (models and patterns). Once you have purchased a Video Course, you then have the opportunity to ask questions to the Instructor and the other members who are following the course. In the case of Tutorials, Models or Patterns, you can contact the Designer directly.

5. For more information about product orders, please refer to our Terms and Conditions of sale.

4. Usage Contract, Registration, Legal Declarations

1. To visit our website https://www.makerist.com or install the makerist app on a mobile device, no registration is required. You can thus gain more details about our products and the content of video courses via, for example, the trailer for one of our courses. You can also see the work published by our members in the showcase. Other functions, however, are reserved for makerist members.

2. In order to become a member of the makerist community, you can register for free at https://www.makerist.com or register on our makerist app and set up a personal profile. To register, you simply need to input your e-mail address, choose a password, agree to our Terms and Conditions and finally click on "Register". You can then complete your user profile by specifying additional information such as your first name, last name, username, gender and a photograph. All of this information can be managed from your account.

3. The information that you provide during your registration, besides such things as your user name, must all be truthful and up-to-date.

4. After entering the data through the mandatory registration procedure, confirm the validity of these Terms and Conditions by clicking on "REGISTER". The data will then be transferred to us. A confirmation e-mail will then be sent to the e-mail address provided during your registration. After then confirming your registration, the process is now complete and the contract between you and makerist for the use of our website (www.makerist.com) and App is now established. The establishment of a user contract, however, is not a right.

5. The registration is only contractually available for capable and natural persons, legal entities and partnerships. Minors may not register with us. The registration of a legal person or partnership may only be performed by an authorised individual. Every registration is individual, and cannot be shared - for example by partners, parents, spouses etc. It is also prohibited for somebody to register several times with different e-mail addresses.

6. By registering to the makerist site, you thereby open a user account. Here, you must fill out the required fields with the information requested. In addition to providing a valid e-mail address, you will also need to include a password. We attach the utmost importance to the protection of your data. For additional privacy information, please consult our Privacy Statement.

7. We reserve the right to refuse a registration or equally to terminate an already opened account. We will proceed to blocking an account if you provide us with false information, if you publish illegal content, if you do not respect our Terms and Conditions or if you are suspected of behaving in an abusive manner. Following your account being blocked, you may contact us a message in order to resolve the matter. Your account, however, will remain inaccessible throughout the blocking process.

8. After your registration, your legal declarations (order confirmation, invoices, changes in Terms and Conditions etc.,) will all be sent to you via e-mail. You will have agreed to all of these declarations already, by virtue of the fact that you are receiving them.

9. The licensing agreement runs for an indefinite period and can be cancelled at any time.

10. If you register and you therefore become a consumer by law (§ 13 BGB), the following rules apply to you:

10.a Right of withdrawal (for consumers)

• Withdrawal
  You have the right to withdraw from a contract, without giving a reason, within fourteen days of the date on which you or a representative of your third party, who is not the person who has carried out the delivery, receives the aforementioned goods. This right extends to digital goods which are not delivered via a physical medium.
  In order to exercise your right of withdrawal, please write to us at the following address: makerist GmbH, Warschauer Platz 11-13,10245 Berlin, E-mail: hello@makerist.com
  In order to meet the withdrawal deadline, you must send us explicit, written confirmation before the end of the withdrawal period (14 days).
  To meet the withdrawal deadline, it is obligatory that you send the message about the right of withdrawal before the withdrawal period expires.
  
  
• Effects of Withdrawal:
  If you wish to withdraw from this agreement, we will refund all the payments that we have received from you, including the shipping costs (with the exception of the additional costs arising from the fact that you chose a different delivery method to the one offered by us), within fourteen days of the date on which the notification has been received about your cancellation of this contract. For this repayment, we use the same means of payment that you have used in the original transaction, unless both you and us have expressly agreed otherwise; in any case you will be charged fees for this repayment.
  We may withhold reimbursement until we have received the returned goods or received proof that said goods have indeed been sent (i.e. sent prior to the contract expiry date).
  You must return the goods to us within, at the latest, fourteen days of you informing us about the cancellation of the contract, and subsequently return the goods to us. This deadline is met when you send the goods before the period of fourteen days expires.
  The client must bear the costs of return if the goods correspond to the order you made, if the price of the delivered goods does not exceed the sum of €40, and if, in the event of a higher sum, you have not settled the order or proceeded with the payment more than once. Otherwise, the return is free for the client; we will thus reimburse all of the return delivery charges.
  You have to reimburse us for any diminished value of the goods, unless this loss in value is due to a necessary step of checking the state, characteristics and functioning of the goods.
  In the event that you request for a service to begin within the withdrawal period, but you then begin to consume the goods or service outside of this period, you are then required to reimburse us the sum corresponding to the already carried out product consummation.
  A model withdrawal form can be found here ready for you to download as a PDF file.
  
  
• Exceptions to the Right of Withdrawal:
  The right does not apply if, at the moment of the purchase, you were acting as a company or as an independent professional consumer. In this case, you are considered an entrepreneur (§ 14 BGB). The right of withdrawal also does not apply to the supply of goods that are produced according to your specifications or are tailored to your personal needs.
  The right of withdrawal expires on delivery of digital content in a sealed package, if the seal was removed after delivery.
  The right of withdrawal does not extend to contracts concerning you and third parties, in which there is no contract between us and you. Any withdrawal rights may be asserted only against the third party in this respect.
  
  
• Special note when ordering digital products (streaming and download):
  Your right of withdrawal expires as soon as we have started the execution of the contract and you have given your consent to the early expiry.
  
  We have started the execution of the contract as soon as you have gained access to the corresponding digital content, for example, as soon as you have purchased a digital product or can access it via the "mymakerist" area on the makerist website or as soon as you have received an email at your registered email address which gives you access to the digital content.
  
  You give your consent to the early expiry of the right of withdrawal as soon as you click on the "Proceed to payment" button in the shopping basket, which is located in the context of this notice "I acknowledge and agree that my right of withdrawal expires when purchasing PDF patterns and digital goods."
  

11. Regardless of your right to withdrawal, you can end the contract at any time by deleting your makerist account. To do so, you must send a written request to hello@makerist.com. The termination of your makerist contract has no bearing on the services that we have already provided, and the claim which may be linked to this.

12. In the event of you terminating your License Agreement, any claims by you seeking to restitute or delete prior-published content will not be received.

13. The license agreement is non-transferable. Inquiries, bookings and offers as well as the publication of any content can only be carried out by a makerist Member.

5. Your Duties as makerist Member

1. It is prohibited to use the contact details of other makerist members' details found on our site for any other purpose than personal communication with the user.

2. You must keep your access details secret (username, password) and not disclose or make them accessible to a third party. At no point will we ask you to disclose your password.

3. In the context of use of our services and offers, you are obliged to respect the rules. In particular, you must not share on our site content or rhetoric that is insulting, racist, sexist, xenophobic, pornographic, inflammatory or contravening competition law.

4. You are liable for all activities that occur from your makerist Member account, as far as you are the representative member. If you become aware of activity taking place on your account which you are not responsible for, you are obliged to alert us immediately. Pending resolution of the matter, we will then block the affected users account.

5. A review of the data provided at registration is only possible to a limited extent. We cannot determine whether a user has deliberately provided false or incorrect details during registration. When you enter in contact with other makerist members, you must be convinced of the idendity of your communication partner yourself, just as they must be convinced of yours.

6. You release us from all infringement claims and complaints addressed by third-parties which arise from you posting content that runs counter to these Terms and Conditions or behaviour that is likely to cause harm or offence. Costs related to legal actions that makerist has been forced to endure as a result of wrongful behaviour of a member must be reimbursed by the aforementioned member.

6. User Rights and Liability In This Regard

1. By registering with makerist you grant us, for the purpose of publication, a right that is unlimited,\ irrevocable and transferrable to a third party - a right to publish and promote the content (text, photos, videos...) that you post on the makerist site or App. We are always entitled to use this content, to process and evaluate it. We are particularly entitled to reproduce, disseminate and communicate this content publicly, and indeed reserve the right to make it publicly available. You are not authorised to use this content, partially or fully, as a means of promoting our offers or services.

2. You grant us, in particular, the right to edit the content provided by you - to technically adapt it, to prepare it or to adapt it so that it can be displayed on mobile devices and the software applications of third-parties. Similarly, when participating in special promotions or games, you agree that the content that you've previously submitted may be edited, adjusted or replicated.

3. The granting of these aforementioned user rights also include the rights that are necessary for the purpose of the contract, along with the user rights pertaining to content which results from new legislation or other reasons.

4. The granting of rights is always free of charge.

5. You guarantee that you are the legitimate owner of the user rights for the content you upload online (text, photos, videos...) and that you can freely distribute it. You guarantee that the photo you publish on makerist (text, photos, videos...) is free of third-party rights.

6. You agree, in particular, to not transmit any data or content to us that may infringe upon or violate any third-party or legal rights (such as privacy rights, naming rights, trademark, copyright and neighboring rights).

7. All rights concerning the content that we publish, content that is not yours, is ours. Concerning our content, or the content of other members, or the content published by third-parties: it is forbidden for members to reproduce, distribute or make this content accessible in the public domain.

7. makerist's Liability

1. Our unlimited liability only pertains to gross negligence or faults. In the case of a slight negligent breach of a principal or secondary obligation which endangers the purpose of the contract, or which the execution allows the proper respect of the contract of which wholly fulfils your trust ("essential secondary obligation"), our responsibility is only limited to contractual and foreseeable damages. This limit of responsibility does not apply to injuries to life, limb or health of persons. Furthermore, our responsibility is also excluded for the negligent breach of secondary obligations that are not part of the essential accessory obligations. This limitation of liability also applies to our legal representatives, officers and agents.

2. With regard to companies, we are, except in the case of violations of fundamental contractual obligations, only liable if we, our legal representatives, senior employees or other agents, are proven to have committed an intentional fault or an act of gross negligence. In the case of violations of fundamental contractual obligations, makerist is liable for any intentional or grossly negligent act committed by its legal representatives, executives or other vicarious agents.

3. We cannot be held responsible for links leading to third-party websites that appear on our site, nor their content. The responsibility for content on such third-party sites on the Internet is subject exclusively to their respective operators. The content and/or operator can also have been modified after our link was established, without our knowledge. We cannot accept responsibility to review the content of third parties, nor their legal compatibility. In the case of linking, we act only as a mediator that allows others to access these websites. Third party content is thus not ours. In the event that you become aware of a legal infraction perpetrated by a third-party site with whom makerist has established a link, or by one of the members of the makerist community, we ask you to inform us as quickly as possible. We will respond to you as quickly as possible and endeavour to resolve the problem in question. Unless informed, we are unable to have known about these possible infractions perpetrated by a makerist member or on third-party websites. As such, we decline all corresponding liability for this - including the legal fees which may result.

8. Amendment of Pages, Non-availability of Services, System Integrity

1. We reserve at all times the right and the opportunity to change any aspect of our services, including all current and future site features, databases and content; and to temporarily suspend or delete content for legal, business or technical reasons. In addition, we reserve the right to temporarily restrict the use of certain functions and services, or temporarily reduce access to our site or application without having to announce it beforehand, and without being subject to liability in any way.

2. Under certain circumstances, access to https://www.makerist.com or the makerist app may be interrupted (short-term and unforeseeable) due to technical problems on the part of the Internet, or on our part, or on the part of a service provider which we use. In this case, we will take the appropriate measures to rectify the problems encountered as quickly as possible, unless this is beyond our sphere of influence. However, we explicitly point out that uninterrupted access to our site and its features cannot be guaranteed. We do, however, endeavour to avoid these issues through regular updates and/or the implementation of other services and functions.

3. You are required to install your system and programs in connection with the use of our services at www.makerist.com and the makerist app, so that neither the security, integrity nor the availability of the systems that we endeavour to provide can be affected. You do not have the right to block, overwrite or modify foreign content or disrupt our services or the services provided in any other way. We are entitled to set up the necessary measures (for example, access barriers) that are necessary to secure the integrity of our systems or the systems of third parties.

9. Final Provisions

1. We are entitled to transfer rights and obligations under this contract in whole or in part to third parties.

2. Any dispute between you and us arising from the user relationship, you agree that only the law of the Federal Republic of Germany is applicable, excluding the UN Sales Convention.

3. Our content is protected by copyright. Its use is subject to applicable law. Unless authorship rights are automatically rescinded, our content may not be modified, copied, republished, transmitted, processed or stored without our express permission.

4. We will inform you that the necessary data linked to our commercial activities are collected, stored and processed in accordance with the German Federal Data Protection Act. You can find more information on our data protection at: www.makerist.com/privacy.