Terms and Conditions

FirstBuild Terms of Service

Microfactory, Inc. and its affiliates (collectively “Microfactory” or “We”) provide service and content on FirstBuild.com and all other web properties owned or operated by Microfactory (the “Website”) subject to the following Terms and Conditions (the “Terms”). These Terms of Service constitute a binding agreement between you and Microfactory governing your use of the Website and any/all content represented herein. By using and/or visiting the www.FirstBuild.com Website, or any other Websites owned and operated by Microfactory, you signify you understand and agree to both these Terms and the Microfactory Statement, which is incorporated into these Terms. These Terms apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. Please read these Terms carefully. If you do not agree to these Terms, please do not use the Website.

The Website may contain links to third party websites that are not owned or controlled by Microfactory. Microfactory has no control over, and therefore assumes no responsibility for the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release and indemnify Microfactory from any and all liability arising from your use of any third-party website.

We may periodically change these Terms, so please check back from time to time.

WEBSITE ACCESS

Microfactory hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Microfactory’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms.

You may view parts of the Platform without registering, but in order to access and use all parts of the Website, you will be required to register an account with us. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile (or My Account) page. In addition, you agree to immediately notify Microfactory of any unauthorized use of your password or account or any other breach of security. Microfactory cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

By registering with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Microfactory’s Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Microfactory suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, your account may be subject to suspension or termination, and you may be barred from using the Microfactory’s Website.

SERVICE RULES

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Microfactory servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Microfactory grants the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Microfactory reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

You agree not to impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity. The service (hereinafter “the Service”) shall mean all Website content, features, procedures, services, documents, User Submissions and prizes available to Users in relation to the Microfactory, Inc. You may not interfere with the proper working of the Service. You may not access any content on the Service through any technology or means other than those provided or authorized by the Service. You agree not to bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, including but not limited to decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Microfactory Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Microfactory, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You are solely responsible for your interactions with other Microfactory Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Microfactory shall have no liability for your interactions with other Users, or for any User’s action or inaction.

1. Mobile Software
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Microfactory does not warrant that the Mobile Software will be compatible with your mobile device. Microfactory hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Microfactory account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that Microfactory may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Microfactory or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). The Mobile Software may be subject to the import and export laws of the United States and other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Microfactory Service.

ELIGIBILITY

You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

The Service is not available to any Users previously removed from the Service by Microfactory. Microfactory reserves all rights not expressly granted under these Terms of Service. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void.

Any use or access to the Service by anyone 18 and under is strictly prohibited and in violation of these Terms of Service. Microfactory is not directed to minors 18 and under.

INTELLECTUAL PROPERTY

1. Ownership
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for Microfactory, interactive features (“Content”) and the trademarks, service marks and logos domain names and other distinctive brand features contained therein (“Marks”), are owned by or licensed to Microfactory, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Microfactory or as expressly provided herein. Microfactory reserves all rights not expressly granted in and to the Website, Marks and the Content contained therein.

You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Microfactory under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Microfactory does not waive any rights to use similar or related ideas previously known to Microfactory, or developed by its employees, or obtained from sources other than you.

2. User Submissions
Due to the interactive nature of postings on the Website we assume no responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Microfactory users, and any text, data, files, avatars, designs, competition submissions, photographs, images, likenesses, video, music, sound, voice recordings, chat, messages, files, biographical information or other material provided to us by users (all of which are referred to as “User Submissions”) are not endorsed by Microfactory, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.

In connection with your User Content, you affirm, represent and warrant the following:

You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Your User Content and Microfactory’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Notwithstanding the foregoing, you may contribute any User Content for which you have appropriate authorization.
Microfactory may exercise the rights to your User Content that are granted to Microfactory under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
All your User Content and other information that you provide to us is truthful and accurate.
User submissions outside of challenges are licensed under Creative Commons. Original ideas, design submissions and/or projects are licensed under the CC By-NC-SA license. Any user submissions or work in collaboration with the Original ideas, including comments and uploads on those ideas, designs submissions and/or projects are licensed under CC BY-SA with any and all commercial rights assigned to and retained by the user who submitted the original idea, design submission and/or project or the project owner.
Software in any form provided as a User Submission shall be subject to the MIT License (MIT). The submitter shall adhere to all requirements of such MIT License.
User submissions within a competition may be covered by a different license structure and will be handled according to the competition rules.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions with the exception of rights granted to Microfactory under specific terms governing Competition Design Submissions (which terms are addressed below). However, by posting any User Content on the Service, you hereby expressly grant, and you represent and warrant that you have a right to grant, to Microfactory a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Microfactory’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof in any media formats and through any media channels); however, Microfactory will only share your personally identifiable information in accordance with our then-current Privacy Statement. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
If you choose to post User Submissions on Microfactory Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Website reflects your respect for the legal rights of users connected with Microfactory. You understand that Microfactory does not guarantee any confidentiality with respect to any User Submission.
Microfactory expressly disclaims any and all liability in connection with User Submissions. Microfactory reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Microfactory also reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice. After one year, Microfactory may archive or remove any User Submission posted to the Website.
3. Trademarks
The trademarks, service marks, trade names, designs, symbols, and other designations and combinations of the preceding items, used to identify or distinguish Microfactory, its business, community and/or products, including without limitation all logos and all product and appliance designs and features (collectively, the “Trademarks”) displayed on the Site constitute the valuable intellectual property of Microfactory and its licensors and, in certain instances, the registered and unregistered trademarks of Microfactory and its licensors. You agree that you will not refer to or attribute any information to Microfactory or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Microfactory or its licensors.

4. Notices of Infringement and Takedown by Microfactory
Microfactory has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (currently located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf) (“DMCA”). The address of Microfactory’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

It is Microfactory’s policy to (a) block access to or remove any content from the Website that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users; and (b) remove and discontinue service to repeat offenders.

DMCA PROCEDURE

1. Procedure for Reporting Copyright Infringements
If you are a copyright owner or an agent thereof and believe that any User Submissions or any other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

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 you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have 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; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Microfactory’s policy:

to remove or disable access to the infringing content;
to notify the content providers, member or user that it has removed or disabled access to the content; and
that repeat offenders will have the infringing content removed from the system and that Microfactory will terminate such content provider’s access to the Microfactory Website.
3. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider believes that the content that was removed or to which access was disabled is either not infringing, or the content provider believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the content provider;
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 the content provider has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Content provider’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or if the content provider’s address is located outside the United States, for any judicial district in which Microfactory is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Microfactory 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 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, 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 Microfactory’s discretion.

Please contact Microfactory’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Email: copyrightinfringement@Firstbuild.com

RULES OF CONDUCT

The following rules of conduct apply to your use of the Website and to any and all materials you post on the Website, including User Submissions whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.

You may not upload, post, email or otherwise transmit in connection with the Website any User Submission which:

is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized (except to iterate when given express permission);
infringes or violates any patent, copyright, trademark, trade secret or other property right;
breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
violates or encourages others to violate any applicable law, statute, ordinance or regulation;
promotes software or services that deliver unsolicited e-mail; or
contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Microfactory’s express advance authorization or in a specially designated area, use the Website to:
upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
iterate on other users design submissions;
form a team towards a contest;
engage in commercial activities within the Website;
harm minors in any way;
solicit personal information from anyone 18 and under;
provide false or deceptive information;
use Microfactory content to engage in commercial activities;
delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
allow usage by others in such a way as to violate Microfactory’s Terms of Service.
violate the Microfactory Ethical Behavior Guidelines
Ethical Behavior Guidelines
Though rare, Microfactory recognizes that in certain occasions the use of work or the comments or the images on the Microfactory website can be a tool for someone to behave in an unethical, offensive, or injurious manner. In many cases, even this behavior is misunderstood or mislabeled and can be cleared up with a frank discussion. Unfortunately, there are times where the behavior is deliberate and inexcusable and requires swift action. This policy is meant to deal with identifying and remedying those situations.

As would be expected, anyone is welcome to report suspect behavior at any time. The normal method of report would be an email to help@Firstbuild.com, but reaching out to any Microfactory team member is also encouraged.

Once a report has been made, designs or other material in question should be sent to Microfactory for review. If the questionable material is a design, then the Microfactory design team will likely take the lead in reviewing the suspected offense. Microfactory will then reach out to the offending member(s) if he/she/they can be reached and ask them to respond to the allegations. If it is judged in Microfactory’s sole discretion, in accordance with the site usage policies, that some, one, or all of the offending members are responsible for the offense, then Microfactory will retain the option to notify all involved parties, to remove the offending work, and to bar the offending member(s) from the Microfactory site for any given term.

If a User who has been removed from the Microfactory site for offending behavior chooses to participate within the community under a different name, and without permission, then he/she could be banned from the site in perpetuity.

This is covered in other sections of these Terms, but to be clear: Do not steal, cheat, plagiarize, write injurious comments, post injurious images, or claim work as your own if it does not belong to you.

COMPETITION DESIGN SUBMISSIONS

If you are submitting a Competition Design, you agree to additional Design Competition Rules (also referred to as “Design Submission Terms and Conditions”) included in the Website.

MODIFICATIONS TO THE WEBSITE

Microfactory reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Microfactory shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

ACCOUNT TERMINATION

Microfactory may, under certain circumstances and without prior notice, immediately terminate your Microfactory account and access to the Website and any other Microfactory services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Microfactory product. Termination of your Microfactory account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Microfactory’s sole discretion and that Microfactory shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

DISCLAIMERS
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT MICROFACTORY IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, MICROFACTORY, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OPERATOR OF MICROFACTORY, AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. MICROFACTORY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MICROFACTORY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND MICROFACTORY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICROFACTORY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL MICROFACTORY, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE WEBSITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MICROFACTORY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Microfactory from its facilities in the United States of America. Microfactory makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

THIRD PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Microfactory. Microfactory does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, such as through Facebook Connect, you do so at your own risk, and you understand that this Agreement and Microfactory’s Privacy Policy do not apply to your use of such sites. You expressly relieve Microfactory from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Microfactory shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

INDEMNITY
You agree to defend, indemnify and hold harmless Microfactory, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Microfactory, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any patent, copyright, property, trade secret or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Microfactory without restriction.

COPYRIGHT NOTICE
The Microfactory Website is © 2014, Microfactory, Inc. – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Microfactory.

GENERAL
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Microfactory’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Microfactory reserves the right to amend or replace any of these Terms of Service, or change, suspend or discontinue the Website (including, without limitation, the availability of any feature or Content) at any time in its sole discretion by posting a notice on the Website or by sending you an email. It is your responsibility to review these Terms of Service periodically for any changes. Your use of the Website following the posting of any changes to these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

GOVERNING LAW; JURISDICTION
These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof.

VIOLATIONS OF THE TERMS OF SERVICE
Please report any violations of the Terms of Service, including objectionable User Submissions or behavior, to copyrightinfringement@Firstbuild.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Microfactory in its sole discretion may investigate the matter and take such action as Microfactory determines to be appropriate.

Last updated July 2022.