Hello! Welcome to AE Machines, LLC’s website and our Terms of Service (“ToS”). AE Machines, LLC (“AE Machines”, “we”, “us”) is a web-based service which allows you to create and build your own customized, automated machines. We do so through our proprietary software applications, hardware, easy-to-use web-interface and related technology, including any updates, new versions or new releases thereof (collectively, the “Service(s)”).
Please read these ToS carefully before using this website (the “Site”) as these ToS govern your access to and use of the Site and Service(s). These ToS are a legal agreement between you and AE Machines and apply to you whether you register as defined below, purchase items or just browse our Site (collectively, “Users”). We have done our best to keep these ToS understandable and straightforward. Nevertheless, should you have any questions or concerns, please feel free to contact us at firstname.lastname@example.org.
1. Acceptance of Terms/Users & Content Defined/Modification of Terms
2. Third Party Websites
4. Ownership of Site & Service(s)
AE Machines is the sole owner of the Site, the Service(s) and their various interfaces (collectively, the “AE Materials”). All rights, title, and interest in and to the AE Materials are and will remain the exclusive property of AE Machines.
5. Use of the Site
You may only use this Site and any AE Materials found in this Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials and any other items or expressions) in accordance with these ToS, and you agree to comply with said terms and conditions at all times. Without limiting the foregoing, you may not copy, republish, upload, download, post, transmit or distribute any AE Materials except as specifically provided herein.
6. License Grant and Restrictions
The AE Materials are protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to download and use the Services and AE Materials as outlined herein while AE Machines reserves all other rights in and to the AE Materials. AE Machines grants you a non-exclusive, transferable, revocable license for the duration of 2 years with our Site, to download to one (1) computer, solely for your personal use, one (1) copy of any Materials available on this Site. You may not: (i) use or transmit any AE Materials on or to any other web site or network; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials except as permitted for editing and/or sharing purposes with friends and family (as further outlined in the editing and sharing instructions [link]); (iii) reproduce any AE Materials other than as specified above; (iv) distribute, license, rent, sell, lease or otherwise transfer any AE Materials for commercial purposes; or (v) remove, obscure or alter any notice of copyright or other proprietary notices present on or in any AE Materials.
You acknowledge and agree that the AE Materials are licensed, not sold. You agree not to use, nor permit any third party to use, the AE Materials in a manner that violates any applicable law, regulation or these ToS. AE Machines may use, reproduce, distribute, prepare derivative works of and display any software created via your use of the AE Materials.
7. Compliance with Intellectual Property Laws
When accessing or using the AE Materials you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (the “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
8. Inappropriate Content
You shall not make the following types of Content available: you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or Service(s). We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Site.
9. Prohibited Uses
We impose certain restrictions on your permissible use of this Site. You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to us, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or Service(s); (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site and Service(s). Any violation of system or network security may subject you to civil and/or criminal liability.
10. No Warranty
AE Machines will make every effort to ensure the proper operation of the website servers, website software, and the Internet connection to these servers, but cannot guarantee availability. AE Machines will make every effort to provide a free and open content environment within the boundaries of these ToS that does not contain disruptive, abusive, or threatening posts or content, but cannot guarantee that all such posts will be found and removed within any specific timeframe. Beyond this general warranty, AE MACHINESHEREBY DISCLAIMS ALL WARRANTIES. THE SITE IS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM YOUR USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AE MACHINESEXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AE MACHINESDOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. Limited Liability
AE MACHINES’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AE MACHINESBE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICE(S) PROVIDED TO YOU BY AE MACHINES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless AE Machines, its officers, directors, employees and agents, 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 Site and Service(s); (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site and Service(s).
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these ToS including the obligations, representations, and warranties set forth herein. You further affirm that you will abide by and comply with these ToS. You affirm that you are over the age of 13, as the Site and Service(s) are not intended for children under the age of 13.
14. Governing Law & Jurisdiction
Unless otherwise specified, the materials on the Site are presented solely for the purpose of promoting its content in the United States, its territories and possessions. This Site is controlled and operated by AE Machines from its offices within the State of Illinois, United States of America. AE Machines makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any legal action or proceeding related to this Site or the Service(s) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in
Champaign County, Illinois.
15. Entire Agreement
These ToS, together with the Privacy Notice at [list web address] and any other legal notices published by AE Machines on the Site, shall constitute the entire agreement between you and AE Machines concerning your use of the Site and Service(s).
16. Severability; Waiver
If any provision of these ToS 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 AE Machines failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND AE MACHINESAGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE(S) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.