Part I: Terms of Use

Definitions

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor.
  2. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this License.
  3. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  4. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  5. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  6. Licensed Material means the object designs, documentation, digital asset files, database, or other material content to which the Licensor applied this License.
  7. Licensed Rights means the rights granted to You subject to the terms and conditions of this License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  8. Licensor means the individual(s) or entity(ies) granting rights under this License.
  9. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  10. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  11. You means the individual or entity exercising the Licensed Rights under this License. Your has a corresponding meaning.

Pt 1, Sec 1. General Information Regarding These Terms of Use

Master terms: Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to Your use of all of the websites that Omegabit, LLC (makeSEA) operates, including http://www.makesea.com, (the “Website”), as well as the products, information, and services provided through the Website, including the license chooser and legal tools (together with the Websites, the “Services”).

Additional terms: In addition to the Master Terms, Your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between You and Omegabit, LLC in relation to Your use of the makeSEA Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of Pt 1, Sec 1:

These terms, together with any special terms for particular websites, create a contract between You and Omegabit, LLC (makeSEA). The contract governs Your use of all websites operated by makeSEA, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help You understand its terms.

Pt 1, Sec 2. Your Agreement to the Terms

YOUR ACCESS TO OR USE OF ANY THE SERVICES (INCLUDING THE LICENSES, TOOLS, AND DATA REPOSITORIES) SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.

Human-readable summary of Pt 1, Sec 2:

Please read these terms and only use our sites and services if you agree to them.

Pt 1, Sec 3. Changes to the Terms

From time to time, makeSEA may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of You with a current makeSEA account via email. All new and/or revised Terms take effect immediately and apply to Your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that You have read, understood, and agreed to those Terms.

Human-readable summary of Pt 1, Sec 3:

These terms may change. When the changes are important, we will put a notice on the website. If You continue to use the sites after the changes are made, You agree to the changes.

Pt 1, Sec 4. No Legal Advice

Omegabit (makeSEA) is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, including the licenses, storage facility and makeSEA tools, does not constitute legal advice or create an attorney-client relationship.

Human-readable summary of Pt 1, Sec 4:

Some of us are lawyers, but we aren’t Your lawyer. Please consult Your own attorney if You need legal advice.

Pt 1, Sec 5. Content Available through the makeSEA online Services (makeSEA.com site and related software)

All Content is provided as-is: You acknowledge that makeSEA does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, documentation, audio files or other sensory recordings, photographs, videos, or other images (collectively, the “Content”) which You may have access to as part of, or through Your use of, the Services. Under no circumstances is makeSEA liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. Content that is offensive, indecent or objectionable will be removed from the site at the sole discretion of the makeSEA.  Some Content may be designated as makeSEA Licensed Content, and be bound by the terms stipulated by the associated License framework.

You agree that You are solely responsible for Your reuse of Content made available through the Services. You should review the terms of the license(s) and this Terms of Use, before You use the Content so that You know what You can and cannot do with shared content.

When You register content as Licensed Material in makeSEA, You are provided an opportunity to stipulate:

  • Attribution to other Material
  • A custom metadata description model and metadata
  • The permissions determining public or private access to the Material
  • Whether or not the Material is available to all makeSEA members (the public-at-large), or limited audiences.
  • The makeSEA License terms associated with the versioned Material, which define the terms of use for the Material, and the terms of reuse to create Altered Material, by electing the appropriate makeSEA License.
  • The fee You elect to charge for another user acquiring the Material for non-commercial, non-profit use, the “Limited Use License Fee”, if any.
  • The fee associated with the resale or reuse of the Licensed Material, including physical reproduction of the object for sale, inclusion in another object design for sale, commercial use, or to produce any Alterered Material for sale, the “Reuse Royalty Fee”, if any.

Licensed Material registered in makeSEA is version-specific, and recorded on a per file and per-entry basis, and uniquely serialized by version.  Licensed Material may have many versions.  The terms of license and royalty fees may be modified for different versions of the Material.  Modifying the terms of a Material will automatically create a new version the Material.  Any previous versions that are Licensed remain in force for that version for the duration of the applicable License term. 

makeSEA automatically ensures that any Attribution, in the form of acknowledgement and financial payment for any applicable Limited Use License Fee and Reuse Royalty Fees is deducted from the transaction sale price for redistribution to the embedded Materials Licensor(s), along with any applicable Processing Fees imposed by makeSEA, throughout the chain of the Material’s entire lineage of attribution, for every download transaction. 

You agree to allow makeSEA to serve as the intermediary used to track and account for these fees and transactions.  makeSEA promises to provide transparent accounting and timely processing of said transactions.  Fees vary by Material and Collection, and are stipulated at the time of upload, or when content is versioned or modified in any meaningful way, and recorded for historical audit.

makeSEA permissions can be very granular, and limited to a specific group or user.  However, permissions can generally be considered falling into two basic categories as it relates to a given Material’s visibility and access:

1.  The Material is public, and anyone can view or obtain the object.  Object descriptions, images, videos, are viewable by anonymous visitors.

OR

2.  The Material is private, and is only viewable and accessible to explicitly allowed users or groups designated by the Licensor. 

Users must always login to obtain the makeSEA Licensed Material, even when said Material are available to any registered makeSEA user (the general public-at-large).  makeSEA maintains an audit trail of these acquisitions for historical record, and the purposes of tracking future object lineage and attribution, and compensation, where applicable.

Users obtaining any Licensed Material must agree to abide by the applicable makeSEA License terms assigned for each designated Licensed Material or Collection, thereof (these Terms and Conditions, and License).

Licensors of Material that is embedded within or otherwise used to derive Altered Material have limited visibility into the existence of said content that is designated with private or limited permissions.  If the Licensor of the Material does not have permission to directly obtain the the Altered Material, this visibility is limited to an awareness of the use of the Licensors original Licensed Material, but not the ability to directly view or obtain the resulting Altered Material.  For any qualified transaction, any attributed Licensor will receive attribution and compensation based on the terms of Reuse Royalty Fee stipulated by the associated Original Content license, regardless of the permission to observe the resulting Altered Material.

By default, Licensed Materials are assumed to be registered under the makeSEA “Attribution with Optional Compensation 1.0” License (included in this Terms of Use).  However, alternate versions of the License may be available and designated for any given Licensed Materials by the Licensor, at their sole discretion.  Licensor may also choose to modify the access permissions of registered Materials to restrict access to Licensed Materials in a manner that is complimentary to a given License restriction.  This permissions mechanism should be considered independently of the designated License.  Designating a more restrictive License to an Asset in makeSEA does not automatically guarantee a resultant change in permissions, or vise versa.  However, makeSEA is designed to provide suggestions to Licensors to help inform this decision in a manner that is commiserate with the purpose and intent of the selected License restrictions.

makeSEA enables and helps to enforce the terms of the makeSEA License framework elected for Licensed Material by its Licensor.  The makeSEA Dashboard and interface tools help to provide visibility into the acquisition and reuse of Material and to facilitate and enforce the rules designated by a given License.  

makeSEA-Owned Content: makeSEA and Mash Market trademarks (subject to the Trademark Policy), and the software code, as well as all Content (excluding user supplied content) on the Website(s) is the sole and exclusive property of Omegabit, LLC. 

You should independently verify the terms of the license attached to any Content You download and intend to print, improve or modify in any way.

Human-readable summary of Pt 1, Sec 5:

We try our best to have useful information on our sites, but we cannot promise that everything is accurate or licensed under the makeSEA brand. If You find content through a link on our websites, be sure to check the license terms before using it.  License terms can and will vary by Content or Material.  Omegabit, LLC, (makeSEA), owns the makeSEA brand, and makeSEA produced content, exclusively – All Rights Reserved.

  • We do not take any ownership of Your content when You post it on our site(s). If You post content You own, You control how the files are shared. If You do not own the content, then You should not post it. You are solely responsible for any content You upload to our sites.
  • Some content has associated fees for use, and separately, for use to create new objects for sale based on the original content.
  • We do help You control access to Your Assets to designated audience, will help collect and redistribute fees for their acquisition and reuse, and provide analytics and insights to help You keep control of Your intellectual property, and to be compensated, when use of Your work is acknowledged by others or brokered by makeSEA.

Pt 1, Sec 6. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by You on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Part 2: Licensing Your Content as makeSEA Registered Content

Pt 2, Sec 1. makeSEA Attribution with Compensation 1.0 International Public License

By registering Material with, or downloading Material from makeSEA , You accept and agree to be bound by the terms and conditions of this makeSEA Attribution with Compensation 1.0 International License ("License"). To the extent this License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Pt 2, Sec 2. Scope

License Grant: Subject to the terms and conditions of this License, the Licensor hereby grants You a worldwide, non-sublicensable, non-exclusive, license to exercise the Licensed Rights in the Licensed Material to:

  • Reproduce and Share the Licensed Material, in whole or in part; and
  • Produce, reproduce, and Share Adapted Material.

Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this License does not apply, and You do not need to comply with its terms and conditions.

Fees.  The Licensor of a given object registered in makeSEA may elect to apply specific fees to the use of the asset: 

  • The cost associated with acquiring the Material for non-commercial, non-profit use, the “Limited Use License Fee”, if any.
  • The cost associated with the resale or reuse of the Licensed Material, including physical reproduction of the object for sale, commercial use, inclusion in another object design, or to produce any Alterered Material, the “Reuse Royalty Fee” if any.
  • By downloading the Licensed Material, You are explicitly agreeing to the terms of the acquisition, including any applicable Licensing, Royalty, or Processing fees, as stipulated at the time the Material is associated with said fees.

Term. The term of this Public License is specified in Section 6.

Downstream recipients. 

  • Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this License.
  • No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.

No endorsement.

Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 2.

Other Rights

Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.

Patent and trademark rights are not licensed under this Public License.

In all cases makeSEA expressly reserves any right to collect royalties stipulated with the acquisition, reuse, or Adaptation of Material on behalf of the Licensor and makeSEA. 

Pt 2, Sec 3. License Conditions

By downloading makeSEA Licensed Content, You agree to the terms of the makeSEA Licensed Rights expressly made subject to the following conditions:

  1. Attribution with Creator-Elected Compensation.
  2. Any derivative Altered Material that is created based on Licensed Material registered in makeSEA will itself be registered with makeSEA.  
  3. The Altered Material may be registered privately, or publicly at the discretion of the Licensor.  
  4. Altered Material that is shared or sold must always:  
    • Be comprised of Material that is authorized for reuse by the original Licensor
    • Acknowledge all prior Material from which it is derived.
    • Be priced in a manner that at a minimum compensates for all applicable Royalty and Processing Fees
  5. Retain the following if it is supplied by the Licensor with the Licensed Material:
    • Identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
    • A copyright notice;
    • A notice that refers to this License;
    • A notice that refers to the disclaimer of warranties;
    • A URI or hyperlink to the Licensed Material to the extent reasonably practicable;
    • Retain an Indication if You modified the Licensed Material and an indication of any previous modifications; and
    • Indicate the Licensed Material is licensed under this Public License, and
    • Include the text of, or the URI or hyperlink to, this Public License.
  6. You will satisfy the conditions in Section 3 in any reasonable manner provided by makeSEA, including but not limited to the distribution of URIs, and independently distributed Protected Assets.
  7. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
  8. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this License.

Pt 2, Sec 4. Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
  3. You must comply with the conditions in Section 3 if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this License where the Licensed Rights include other Copyright and Similar Rights.

Pt 2, Sec 5. Disclaimer of Warranties and Limitation of Liability.

Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.

To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Pt 2, Sec 6. Term and Termination.

This License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this License, then Your rights under this License terminate automatically. 

Where Your right to use the Licensed Material has terminated under Section 6, it reinstates:

  • automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
  • upon express reinstatement by the Licensor.

For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this License.

For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this License.

Sections 1, 5, 6, 7, and 8 survive termination of this License.

Pt 2, Sec 7. Other Terms and Conditions.

The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed and documented in makeSEA as Additional License terms.

Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this License.

Pt 2, Sec 8. Interpretation.

For the avoidance of doubt, this License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this License.

To the extent possible, if any provision of this License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this License without affecting the enforceability of the remaining terms and conditions.

No term or condition of this License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.

Nothing in this License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

makeSEA is not a party to its licenses. Notwithstanding, makeSEA may elect to apply one of its public licenses to material it publishes and in those instances will be considered the “Licensor.” Except for the limited purpose of indicating that material is shared under a makeSEA public license makeSEA does not authorize the use of the trademark “makeSEA” or any other trademark or logo of makeSEA without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the makeSEA licenses.

makeSEA may be contacted at makeSEA.com.

Part 3: Participating in our Community

Pt 3, Sec 1. Registered Users

By registering for an account through makeSEA, You represent and warrant that You (1) are the age of majority in Your jurisdiction (typically age 18) or, (2) are over the age of 13 and have the express permission of a legal guardian to obtain an account and to use Services in connection with the account. Services offered to registered users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website(s).

Registration: You agree to (a) only provide accurate and current information about Yourself (though use of an alias or nickname in lieu of Your legal name is acceptable), (b) maintain the security of Your passwords and identification, (c) promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of Your account. You must not set up an account on behalf of another individual or entity unless You are authorized to do so.

No Membership in Omegabit, LLC: Creating an account in makeSEA or using any of the related Services does not and shall not be deemed to make You a member, shareholder or affiliate of Omegabit, LLC or it subsidiaries for any purposes whatsoever, nor shall You have any of the rights of statutory members.

Termination: Omegabit (makeSEA) reserves the right to modify or discontinue Your account at any time for any reason or no reason at all.

Human-readable summary of Pt 3, Sec 1:

Please do not register for an account on makeSEA unless You are 18 years old, or over 13 with the consent of Your parents. Omegabit (makeSEA) has the right to end Your account at any time. You are responsible for use of Your account. And of course, please do not set up an account for someone else unless You have permission to do so. Setting up an account doesn’t make You a member of makeSEA.

Pt 3, Sec 2. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights: 

You may not (a) use any makeSEA Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

You may not use the makeSEA Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, USA or UN recognized terrorist organizations, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

You may not use the makeSEA Services in any manner that could disable, overburden, damage, or impair the Omegabit (makeSEA)/makeSEA Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others:

  • You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
  • You may not intimidate or harass another through the Services; and, You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

  • You may not impersonate another person or entity, or misrepresent Your affiliation with a person or entity when using the makeSEA Services;
  • You may not use or attempt to use another’s account or personal information; and,
  • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

Human-readable summary of Pt 3, Sec 2:

Play nice. Be yourself. Don’t break the law or be disruptive or do things that harm others.  Go make something.

Pt 3, Sec 3. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OMEGABIT, LLC, OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OMEGABIT, LLC DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY OMEGABIT, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OMEGABIT, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Pt 3, Sec 3:

Omegabit, LLC (makeSEA) does not make any guarantees about the sites, services, or content available on the sites.  We do our very best to protect our users and keep the repository free of malicious or virus infected content, but always protect yourself.

Pt 3, Sec 4. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OMEGABIT, LLC,  BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF OMEGABIT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OMEGABIT, LLC, IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Pt 3, Sec 4:

Omegabit, LLC (makeSEA) is not responsible for user supplied content on the sites, Your use of our services, or for the conduct of others on our site.  We do our best to ensure our users abide by these rules to the best of our ability and do also provide means to provide feedback and flag questionable content.

Pt 3, Sec 5. Indemnification

To the extent authorized by law, You agree to indemnify and hold harmless Omegabit, LLC, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (a) Your violation of the Terms, (b) Your use of any of the Services, and/or (c) the Content You make available on any of the Services.

Human-readable summary of Pt 3, Sec 5:

If something happens because You violate these terms, because of Your use of the services, or because of the content You post on the sites, You agree to repay Omegabit, LLC (makeSEA) for the damage it causes.

Pt 3, Sec 6. Privacy Policy

Omegabit, LLC (makeSEA) is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so You are aware of how we collect and use Your personal information.

Human-readable summary of Pt 3, Sec 6:

Please read our Privacy Policy. It is part of these terms, too. 

Pt 3, Sec 7. Trademark Policy

makeSEA’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Master Terms. Please review the Trademark Policy so You understand how makeSEA’s trademarks may be used.

Human-readable summary of Pt 3, Sec 7:

Please read our Trademark Policy. It is part of these terms, too.

Pt 3, Sec 8. Copyright Complaints

makeSEA respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by Omegabit, LLC (makeSEA) send a Notice of Infringing Materials.

Human-readable summary of Pt 3, Sec 8:

Please let us know if You find infringing content on our websites.

Pt 3, Sec 9. Termination

By Omegabit, LLC: Omegabit, LLC may modify, suspend, or terminate the operation of, or access to, all or any portion of the makeSEA Services at any time for any reason. Additionally, Your individual access to, and use of, the Services may be terminated by Omegabit, LLC at any time and for any reason.

By You: If You wish to terminate this agreement, You may immediately stop accessing or using the Services at any time.  Cancellation of any associated subscripition or ongoing Service Fees can also be cancelled online, or by contacting our Customer Service Team.

Automatic upon breach: Your right to access and use the Services (including use of Your makeSEA account) terminates automatically upon Your breach of any of the Terms. 

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

Human-readable summary of Pt 3, Sec 9:

If You violate these terms, You may no longer use our sites.

Pt 3, Sec 10. Miscellaneous Terms

  • Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.
  • Dispute resolution: The parties agree that any disputes between Omegabit, LLC, and You concerning these Terms, and/or any of the Services may only be brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and You hereby consent to the personal jurisdiction and venue of such court.
  •  If You are an authorized agent of a government or intergovernmental entity using the Services in Your official capacity, including an authorized agent of the federal, state, or local government in the United States, and You are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to You. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).
  • No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
  • Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
  • No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between You and Omegabit, LLC, or any of its subsidiaries including but not limted to makeSEA, as a result of the Terms or from Your use of any of the Services.
  • Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between You and Omegabit, LLC, relating to this subject matter and supersede any and all prior communications and/or agreements between You and Omegabit, LLC,  or Creative Commons, relating to access and use of the Services.

Human-readable summary of Pt 3, Sec 10:

If there is a lawsuit arising from these terms, it should be in California and governed by California law. The terms of this agreement supersede all prior terms.