Terms of Use

Acceptance of the Terms of Use


These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use ”), are a legally binding contract between you and OnTrend Media, LLC, doing business as Makers Gonna Learn (the “Company ”, “Makers Gonna Learn”, “we” or “us”). They govern your access to and use of MakersGonnaLearn.com, including any content, functionality and services offered on or through MakersGonnaLearn.com (the “Website”), whether as a guest, customer, seller, or other registered user (“User” or “you”). By using this site you accept and agree to be bound by these Terms of Use.

Changes to the Terms of Use


We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security


To access the Website and some of the resources it offers as a User, you will need to create an account and provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to and on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including without limitation through the use of any of the Interactive Services on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

To create and maintain your account with the Website, you must agree to and abide by the following rules:

  • You must be 18 years of age or older.
  • You must provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.
  • If you’re registering as a business entity, you personally guarantee that you have the authority to agree to any terms on behalf of the business.
  • You are solely responsible for:
    • Your account and any activity on your account.
    • Making all arrangements necessary for you to have access to the Website.
    • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

If you choose, or are provided with, a user name password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you sign out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including Sellers.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us , at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property


The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers, and such material is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Website or any content on the Website is transferred to you by these Terms of Use, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

We grant you a limited, non-exclusive, non-transferable right and license to use the Website for your personal use only, except as otherwise provided in the General Commercial Use License. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company’s material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If you purchase any Items from the Website, including from any Designer Shop, you may use such Item in accordance with the General Commercial Use License contained in these Terms of Use.

Except as otherwise provided for in the General Commercial Use License contained in these Terms of Use, you must not:

  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies or materials from this site.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

Permissible Uses


  • You may use any Item for personal and commercial use. This means you may use it for yourself or create a product with or using the Item that you hold for sale.
  • The purchased Item may be used on a physical product as long as the Item has not been altered or modified.
    • Example: You may use a graphic of a snowflake make a t-shirt as long as you do not make any changes to the elephant graphic. You may then sell the t-shirt. Further customization or personalization (such as adding a name) for the purpose of commercial resale is additionally permitted.

Impermissible Uses


  • The Item itself—in its original digital form from the Website—may not be resold, sublicensed, transferred, shared, or otherwise re-distributed in its original digital form (e.g., as you purchased it).
  • The Item may not be included in the sale of another product.
  • The Item may not be used with or on print-on-demand services.
  • Digital cut files may not be digitized and re-sold as embroidery files.
  • The Website’s images of any Item, or of a finished product containing any Item, may not be used to promote or market your product. This means it is impermissible to use the Website’s stock photos or mock ups of Items listed on the Website, whether for sale, illustration, marketing or otherwise, for your own use.

Disclaimer of Representations and Warranties


You understand that we cannot and do not guarantee, represent or warrant that any Item or any file available for downloading from this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for restoration of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability


You understand that any legal claim related to an Item you purchase must be brought directly against the Seller of the Item. You release the Company from any claims related to Items sold through our Interactive Services, including for defective Items, misrepresentations by Sellers or Items that cause any injury (including without limitation any product liability claims). You understand that the Company is not responsible for the accuracy, copyright compliance, legality or decency of Items posted by Sellers that you access through the Website’s Interactive Services, and you release us from all liability related to such Items.

You understand that any interaction with a Seller or other User is made at your own risk, and you release us from all liability relating to such interactions.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR ITEMS ACCESSED THROUGH OR ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification


You agree to defend, indemnify and hold harmless the Company (including any of the Company’s employees, successors and assigns) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any purchase or sale of any Items from the Website, and any other use of the Website’s content, services or products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

The Company retains sole discretion in handling its legal defense and strategy even with your indemnification, and you agree to cooperate with the Company so we can execute our strategy.

Prohibited Uses


You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses, screen names or user names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm the Company or Users or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

You agree not to:

  • Use any robot, spider or other automatic devise, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement: Termination


We have the right to:

  • Remove or refuse to post any Items for any or no reason in our sole discretion.
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website, including, without limitation, in individual Designer Shops.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Changes to the Website


We, or approved contributors to this Website, may update the content on this Website from time to time, but the Website’s content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Any of the material offered in a Designer Shop may not be available at any given time, and we are under no obligation to ensure such material is available.

Information About You and Your Visits to the Website


All information we collect on this Website is subject to our Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

Online Purchases and Other Terms and Conditions


All purchases through this Website or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by these Terms of Use, including our General Commercial Use License.

These Terms of Use, our Privacy Statement, and, for Sellers, your Seller’s Agreement, constitute the sole and entire agreement between you and So Fontsy with respect to the Website, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.