Your acceptance of terms
– a “Visitor,” meaning you simply browse the Website, including, without limitation, through a mobile or other wireless device, or otherwise use the Website without being registered, or
– a “Registered User,” meaning that you have registered with MAKE Santa Fe for a User ID and User Password (defined below), or have registered with MAKE Santa Fe by enrolled as a member hosted at the Website, or
– a “Student,” meaning that you are a Registered User who has enrolled in one or more Courses.
The term “User” refers to a Visitor or Registered User.
User accounts and user registration
While any Visitor can view the Website, in order to use some of the features of the Website, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Website.
In addition to the registration process, as part of your use of the Website, we may obtain certain information about you. Some of this information may be personally identifiable information. We may use this information to provide certain services to you and may share such information with third parties in conjunction with such services.
The Website is available to any User. However, certain services, such as being a listed member, is limited to Registered Users (i.e. Users who have signed up for User Accounts). By registering, you agree that:
– you are registered for only one User Account will not set up multiple User Accounts; and
Member conduct policy
To the extent a member is registered as a member in any institution or educational institution with its own policy regarding student conduct or an “honor code,” those terms shall apply to any such member. Additionally, unless the following conflicts with such a policy or honor code, a member of the website agrees that he or she:
– will not harass other Members, Registered Users, or Visitors;
User conduct policy
In addition, you may not post, upload, or transmit to or otherwise make available through the Website any content, communications, or other information (collectively, “Unauthorized Content”):
– that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
– that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
– that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– that consists of any high-volume, automated, or electronic means to access the Website (including without limitation robots, spiders or scripts);
– that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
– that violates the rights of other Users of the Website; or
– that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
MAKE Santa Fe’s intellectual property rights
All content or other material available on the Website, including but not limited to code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of MSF and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
Any logos, trademarks and service marks that may appear on the Website (“Marks”), are the property of MSF and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Website, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Website are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of MSF.
License to use the Website
Creative Commons license
MSF hereby grants you a license in and to the Educational Content on this site under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License (https://creativecommons.org/licenses/by-nc-sa/4.0/ and successor locations for such license) (the “CC License”). As used herein, “Educational Content” means the educational materials made available to you through the Website.
The Website may provide you with the ability to upload forum posts, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Website, e.g., questions, hypothetical, examples, etc. (collectively, “User Content”). MSF does not claim ownership of any User Content you may submit or make available for inclusion on the Website. Accordingly, subject to the license granted to MSF below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
With respect to any User Content you submit to MSF (including for inclusion on the Website) or that is otherwise made available to MAKE Santa Fe, you hereby grant MSF an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Website or otherwise exploit the User Content. MSF reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit MSF to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and MSF, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Use of provided communication methods
Disclaimer of warranties
You expressly acknowledge and agree that your use of the Website and all Content and services available on the Website is at your sole risk and responsibility. THE WEBSITE (INCLUDING ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE WEBSITE AND CONTENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE WEBSITE, CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE WEBSITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE WEBSITE, AND CONTENT.
Limitation of liability
Linking to other sites
The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. MSF does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Website at any time for any reason or for no reason.
MSF WILL NOT BE LIABLE FOR ANY TRANSACTIONS conducted by you WITH THIRD PARTIES through the Linked Sites OR for ANY LIABILITY ARISING FROM the representations OR INFORMATION PROVIDED on such Linked Sites.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
Termination of rights
Dispute procedure and claims of copyright infringement
MSF respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MSF’s Copyright Agent with the following information:
– an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
– a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
– a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located;
– your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
– MSF’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
– Copyright Agent
The section titles herein are displayed for convenience only and have no legal effect.
The MAKE Santa Fe website (the “Website”), http://www.makesantafe.net is owned and operated by the MAKE Santa Fe (“MSF”).
Some of our Website’s functionality can be used without revealing any personal information, though for some features or services, personal information is required. If you do not use these specific features or services on the Website, then the only information we collect will be “NonPersonal Information” (i.e., information that cannot be used to identify you). Non-Personal Information includes information such as the web pages that you have viewed on our site. In order to access certain features and benefits on our Website, you may need to submit “Personally Identifiable Information” (i.e., information that can be used to identify you). Personally Identifiable Information can include information such as your name and email address, among other things. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to MAKE Santa Fe. Inaccurate information may affect your ability to use the Website, the information you receive when using the Website, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you.
What You Consent to by Using Our Website
What Information We Collect
We gather two types of information about users through the Website:
When users come to our Website, we may track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Website were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We also collect information from the URLs from which you linked to our Website. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Website. Although such information is not Personally Identifiable Information, we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity.
You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, many functions and conveniences of this Website may not work properly.
Personally Identifiable Information
We collect Personally Identifiable Information that you provide to us when you Register for a User Account, participate in our public forums, send us email messages, and/or participate in online services on our Website. We may use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific course and/or services you select, send you updates about services offered through the Website, and send you email messages about Website maintenance or updates.
MAKE Santa Fe may offer you the ability to receive updates either via email or by posting on portions of the Website only accessible to Registered Users. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name and email address.
MAKE Santa Fe may offer public forums from time to time (the “Forums”) where you can share comments and thoughts. In order to participate in the Forums, you may be required to register with us and/or provide us with Personally Identifiable Information such as your name and email address.
Communications with MAKE Santa Fe
We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.
How We Use the Information
Please take some time to familiarize yourself with the different ways MAKE Santa Fe use the information that we gather.
We use Non-Personal Information in aggregate form to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Website.
Personally Identifiable Information
We use Personally Identifiable Information collected when you sign up for our various email or update services to send you the messages in connection with the Website. We may also archive this information and/or use it for future communications with you.
We use Personally Identifiable Information collected during your use of the Forums to facilitate your use of the Forums. In addition we may publish this information either on the Website and/or in other publications. We may also archive this information and/or use it for future communications with you and/or your designee(s).
Communications with MAKE Santa Fe
Disclosure to MSF Operations and Maintenance Contractors
Our operations and maintenance contractors may have limited access to your Personally Identifiable Information in the course of providing products or services to us. These operators and maintenance contractors are required to treat all Identifiable Information appropriately. These contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Website. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
Government Authorities, Legal Rights and Actions
Confidentiality & Security of Personally Identifiable Information
Updating or Deleting Your Personally Identifiable Information
We maintain a procedure in order to help you confirm that your Personally Identifiable Information remains correct and up-to-date.
You may update your Personally Identifiable Information by logging into the Website and visiting your user account page. You may also email us at firstname.lastname@example.org in order to delete or update your Personally Identifiable Information on our systems. We try to answer every email promptly, but may not always be able to do so. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personally Identifiable Information.
If you have any privacy-related questions or unresolved problems, you may contact us using the information provided below.
Protecting Children’s Privacy
MSF strongly believes in protecting the privacy of children. In line with this belief, we do not knowingly collect or maintain Personally Identifiable Information on our Website from persons under 13 years of age, and no part of our Website is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access this Website at any time or in any manner. We will take appropriate steps to delete any Personally Identifiable Information of persons less than 13 years of age that has been collected on our Website without verified parental consent upon learning of the existence of such Personally Identifiable Information.