TERMS AND CONDITIONS

OVERVIEW

Maker’s Movement (“We”, “Us”, “Our”) is a platform that supports and celebrates the work of artists and makers around the world (Registered in Ontario, Canada, Business Number 250656725, operating from a home studio on Front Street West, Toronto, ON). We publish a bi-annual print publication called Maker’s Magazine (the “Magazine”), which is sold and distributed internationally online, and through select retail shops and boutiques. We also sell merchandise (“Products”) through Our online shop, and offer a variety of “Services”, including but not limited to programs, events, contests, advertising, and/or giveaways. This website, www.makersmovement.co (Our “Website”), is owned and operated by Maker’s Movement.

It is your responsibility to read the Terms and Conditions (the “Terms”) carefully and ensure that you check back on a frequent basis. We reserve the right to update, change or replace any part of these Terms. You can review the most current version of these Terms at any time on this page. By using Our Website and the Services and Products We offer, you agree to be bound by the Terms below, including all Terms outlined herein and/or available by hyperlink. For specific Terms on the following Services & Products, please click the links: Maker’s Magazine, Stockist, Maker's Patch Project, Advertising, Privacy Policy. These Terms apply to all users of the Website, Products and Services, including browsers, vendors, customers, merchants, participants, and/or contributors of any and all content. If you do not agree to all the Terms and Conditions of this agreement, then you may not access Our Website or use any of Our Services or Products. "You" means You individually or on behalf of a company, assuming You have the authority to bind such a legal entity on their behalf. We reserve the right to suspend viewers’ access to Our Website, Products and/or Services at any time at Our sole discretion.

All content available through Our Website, Services and Products is copyright of Us and/or Our contributors. As a collaborator with Maker’s Movement, you maintain all rights to your work, unless otherwise agreed upon by both parties. When you use or participate in Our Services, you hereby grant Maker’s Movement with the right to share, use, display, publish, reproduce, modify and distribute your content as agreed upon. As a collaborator sharing your work with Maker’s Movement, whether through Our online platforms, Maker’s Magazine, Maker's Patch Project or any of Our Services or Products, it is your responsibility to uphold your own legal responsibilities and ensure it does not infringe upon the intellectual property rights of other individuals or entities. By sharing your work with Us, you agree that you own all copyright and trademark rights, and you are entirely responsible for your own content. You also agree that all content is, to the best of your knowledge, accurate and legal.

Maker’s Movement shares the work of artists, makers and creatives from around the world. As members of Our community, fellow creatives, customers or viewers of the content We share, We ask that you respect the intellectual property rights of all work. By using Our Website, Services and Products, you agree not to reproduce, duplicate, copy, sell, resell or exploit any content without express written permission by Maker’s Movement and/or the copyright owner.

When you share your work with Maker’s Movement, you understand that your work will be available for viewing and upon written agreement, selling, both publicly and internationally. We publish content that is submitted to Us through email, forms, or shared with Us via social media. Content shared by Us can be removed at any time by request of the owner.

Maker’s Movement does not tolerate intellectual property infringement or the breach of any of Our Terms. We reserve the right to suspend viewers’ access to Our Website, Products and/or Services at any time at Our sole discretion.

COMMERCE

Unless otherwise indicated, we charge in CAD, and Our currency is displayed throughout the Product pages on Our online shop. Prices for Our Products and Services are subject to change without notice, however this will not affect orders processed prior to any changes. We reserve the right at any time to modify or discontinue Our Products or Services without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of Products and/or Services.

We have made every effort to display, as accurately as possible, the colours and images of Our Products and submitted content that appears online and across Our platforms. We cannot guarantee that your computer and/or phone display will be accurate.

Payment
You agree to provide current, complete and accurate payment and account information for all purchases made through Maker’s Movement. You agree that you must provide Us with your personal details (name, shipping address, email address), and you are responsible for updating your information as required, so that We can complete your transactions and contact you as necessary. When you make a transaction with Us, you agree that payment details belong to you, or you have permission from the account or card holder to process the amount due. All payments details are encrypted, and We only process payments that have been authorized through Our online shop, via email confirmation or in person. It is the responsibility of the customer to seek advisement from their financial institution in the event of fraudulent activity.

Shipping
Maker’s Movement Products are shipped through Canada Post or Chit Chats Express. Orders are typically fulfilled within 10-15 days of order, and shipments take between 2-15 business days to travel. Orders may be subject to longer travel times due to circumstances beyond our control, especially international parcels. Please be aware that orders may be subject to local customs duties or local taxes, which must be borne by the customer. We are not able to offer tracking numbers unless otherwise specified, as the shipping option We use does not provide this feature. We cannot take responsibility for items that are lost or damaged along the way. Orders are packaged and labelled purposefully to ensure the safe arrival of quality Products. In the event that a parcel is lost, please let Us know and We will do Our best to coordinate with Our local post office and We ask that you do the same.

If your parcel is returned to Us as a result of incorrect shipping details provided by you, the cost to reship is covered by you. We will invoice you the additional shipping cost, and the amount must be paid within 7 business days. If the amount is not received, we will refund the amount paid, minus the initial shipping charge, and you risk losing reservation of requested stock. Should you wish to cancel Your order instead of having it re-shipped, We will refund the full amount for the Product(s), minus the initial shipping charge. If the parcel is sent back by fault or error of Our own, the cost to reship will be covered by Us.

Refunds
Magazines are non-refundable once you receive the email confirmation that your parcel has been shipped. Any Product aside from the Magazine is refundable within 10 days of you receiving it, as long as they are unused. The shipping cost to return Products is paid in full by the customer. Once we receive the Products in the same condition they were sent, a full refund for the returned Products, not including shipping, will be issued to the same card or payment details used at the time of order.

CONTENT, COPYRIGHT & INTELLECTUAL PROPERTY

All content available through Our Website, Services and Products is copyright of Us and/or Our contributors. As a collaborator with Maker’s Movement, you maintain all rights to your work, unless otherwise agreed upon by both parties. When you use or participate in Our Services, you hereby grant Maker’s Movement with the right to share, use, display, publish, reproduce, modify and distribute your content as agreed upon. As a collaborator sharing your work with Maker’s Movement, whether through Our online platforms, Maker’s Magazine, Maker's Patch Project or any of Our Services or Products, it is your responsibility to uphold your own legal responsibilities and ensure it does not infringe upon the intellectual property rights of other individuals or entities. By sharing your work with Us, you agree that you own all copyright and trademark rights, and you are entirely responsible for your own content. You also agree that all content is, to the best of your knowledge, accurate and legal.

Maker’s Movement shares the work of artists, makers and creatives from around the world. As members of Our community, fellow creatives, customers or viewers of the content We share, We ask that you respect the intellectual property rights of all work. By using Our Website, Services and Products, you agree not to reproduce, duplicate, copy, sell, resell or exploit any content without express written permission by Maker’s Movement and/or the copyright owner.

When you share your work with Maker’s Movement, you understand that your work will be available for viewing and upon written agreement, selling, both publicly and internationally. We publish content that is submitted to Us through email, forms, or shared with Us via social media. Content shared by Us can be removed at any time by request of the owner.

Maker’s Movement does not tolerate intellectual property infringement or the breach of any of Our Terms. We reserve the right to suspend viewers’ access to Our Website, Products and/or Services at any time at Our sole discretion.

MAKER'S MAGAZINE

Maker’s Magazine is a bi-annual print publication published by Maker’s Movement. Copyright is owned by Us and/or its respective contributors. Please ensure you read these Terms in entirety before purchasing, subscribing and/or submitting to Our Magazine.

Contributor
As a contributor to Maker’s Magazine, you agree to all the Terms outlined on this page, with an emphasis on the Content, Copyright & Intellectual Property section. As a contributor, you maintain all rights to your work. It is your responsibility to uphold your own legal responsibilities and ensure it does not infringe on the intellectual property rights of other individuals or entities. By sharing your work with Us, you agree that you own all copyright and trademark rights, and you are entirely responsible for your own content.

We recruit original ideas to the best of Our knowledge. We do not take responsibility for any intellectual property disputes, as all contributors agree to the Terms before submitting Their work to Us. Any cases made against copyright or ownership of submitted work are the responsibility of the contributor, and all financial claims are borne by the contributor.

When you submit to Maker’s Magazine, you understand that contributions are done so on a voluntary basis. Maker’s Magazine does not pay contributors, unless otherwise agreed upon. We reserve the right to accept and dismiss submissions at Our sole discretion. Discarded or rejected submissions will not be used for any purpose by Us, unless otherwise agreed upon.

Purchasing the Magazine
Readers have two options when purchasing Maker’s Magazine. Readers can order each issue at the given retail rate as it they are published via Our Website, or they can sign up for Our Annual Subscription (“Annual Subscription”). Issues purchased at retail rate via Our Website will be shipped within 10 days if the issue is in stock, otherwise pre-orders ship within 10 days of the scheduled publish date. Our Annual Subscription includes two issues at a discounted rate + applicable shipping charges. Your subscription will commence with the upcoming issue (not the current issue). Payment for Our Annual Subscription is owed in full at the time of order. We will ship both issues within 10 days of its scheduled release date. Your Annual Subscription auto-renews after the year is up, and You will receive an email reminder 3 days before we charge Your card for the new year.

Annual Subscription Cancellation
You can cancel Your Annual Subscription at any time using the link emailed to You by MoonClerk upon signing up. (MoonClerk is the Subscription Management System We use for Maker’s Magazine). Once You receive the email confirmation that Your first issue has been shipped, Your full Annual Subscription (two issues) is non-refundable. If You cancel part way through Your Annual Subscription, it will stop Your subscription from auto-renewing at the end of the year, but any remaining issues on Your current subscription will ship, as full payment will have already been processed for two issues.

We reserve the right to terminate subscriptions at any time without cause or notice as We see fit. Under the unfortunately circumstance that a subscription is terminated by Us, we will provide a full refund for outstanding issues and applicable shipping charges, unless termination is a result of breached Terms.

STOCKIST

Stockist (“Stockist”) refers to any individual or entity that has been approved to buy Maker’s Magazine with the intent of re-selling it in their online or physical shop. As a Stockist with Us, you agree to respect and represent Our Products to the best of Your knowledge and/or ability. As a Stockist, You are hereby permitted to re-sell approved Product as is. You are not permitted to make any modifications to the Products or any of its content. You are not permitted to reproduce or republish any content or excerpts without written consent from Us. You understand that Copyright is owned by Maker’s Movement and/or its respective Contributors.

The minimum quantity required for all wholesale magazine orders is five copies per issue. Stockists have two options when purchasing Maker’s Magazine. Stockists can order each issue at the given wholesale rate as they are published, or they can sign up for Our Annual Stockist Subscription (“Stockist Subscription”). Issues purchased as they are published will be processed via a secured link on Our Website – password will be provided. These orders will be shipped within 10 days if the issue is in stock, otherwise pre-orders ship within 10 days of the scheduled publishing date.

Our Stockist Subscription includes two issues at a discounted wholesale rate for the unit quantity requested + applicable shipping charges. Your Stockist Subscription will commence with the upcoming issue (not the current issue). Payment for Our Stockist Subscription is owed in full at the time of order. We will ship both issues within 10 days of its scheduled release date. Your Stockist Subscription auto-renews after the year is up, and You will receive an email reminder 3 days before we charge Your card for the new year.

Cancellation Policy
The same cancellation policy applies as with Our Annual Stockist Subscription above.

Maker’s Movement reserves the right to accept and dismiss stockist requests at Our sole discretion. We reserve the right to terminate subscriptions at any time without cause or notice as We see fit. Subscriptions terminated by Us will receive a full refund for outstanding issues and applicable shipping charges, unless termination is a result of breached Terms.

MAKER'S PATCH PROJECT: FOR PARTICIPANTS

Maker's Patch Project (the “Project”) is an initiative run by Maker’s Movement, whereby artists and designers (“Participant(s)”) submit their work to be recreated as a patch and sold exclusively by Us. We reserve the right to accept and dismiss submissions at Our sole discretion. Participants maintain copyright of their submitted design. By submitting to Maker's Patch Project, Participants provide consent to Us reproducing the design, and having it available as a patch exclusively through Our shop. We ask for exlusive rights to selling selected designs as a patch. Once the patch has sold out from our shop, Participants are free to sell create and sell the patch on their own terms. Participants understand that their design may be altered in translating it to thread. We try Our best to represent the design as accurately as possible, but we cannot be held responsible for alterations that occur during production. As a Participant with Maker's Patch Project, you agree that your full name and your patch design will be public on Our Website, and your website and social media links may also be published alongside your design via Our Website and distributed with each patch. Your patch and name may also appear on our social media accounts throughout the promotion of the Project.

By submitting work to the Project, Participants agree to all the Terms outlined on this page, with an emphasis on the Content, Copyright & Intellectual Property section. It is the Participant’s responsibility to uphold their own legal responsibilities and ensure their work does not infringe on the intellectual property rights of other individuals or entities. By sharing their work with Us, Participants agree that they own all copyright and trademark rights, and they are entirely responsible for their own content.

If there are any legal claims made against copyright of the design, the patches will be removed from Our shop and the Participant must pay full retail price for all remaining stock. For example, if their patch is $5CAD per piece and there are 35 pieces still available, the participant must pay a $175 CAD fee. This covers the production cost, and the time and resources invested to facilitate their participation in the Project. Following this, their patches are not, under any circumstances, available to the Participant or anyone else, and will be removed from Our website and shop, and destroyed.

We recruit original designs to the best of Our knowledge, but We do not take responsibility for any intellectual property disputes, as all Participants agree to the Terms before submitting their design to Maker's Patch Project. Any cases made against copyright or ownership of the design are the responsibility of the Participant, and all financial claims are borne by the Participant.

Payment
Maker’s Movement covers the production cost for the Participant’s patches. 100% of sales will be kept by Us until the break-even point. After We break-even, the Participant collects 50% of all profit earned from their patch design, up to 3 months following its official release date. After the 3 month deadline, we will bundle the Participant’s cut of the profit and send it via PayPal within 30 days. This allows sufficient time for the funds to travel through associated accounts as required. This timeframe may be subject to delays due to unforeseen circumstances. Total profit may be subject to small service fees from Stripe, PayPal or financial institutions.

The Participant agrees that there is a chance We will not break-even within the 3 month span, and therefore no profit will be owed to them. The Participant agrees that all profit made after the 3 month deadline will be kept by Us in full.

Cancellation Policy
The Participant is free to cancel their participation in Maker's Patch Project and have their design removed from Our website and shop at any time. If the Participant cancels before their order is processed with Our manufacturers, no charge is due. We will email you when the order has been placed. However, if the Participant cancels after the order has been fulfilled with Our manufacturers, they must pay full retail price for all remaining stock. For example, if their design is $5 USD per piece and there are 35 pieces still available, the participant must pay a $175 USD cancellation fee. This covers the production cost, and the time and resources invested to facilitate their participation in the Project. If the Participant cancels their participation, Their patches are not under any circumstances available to the Participant or anyone else, and will be removed from Our website and shop, and destroyed.

This Cancellation Policy only applies to the Participant’s patches that are stocked in Our shop. Any patches already dispatched prior to the requested cancellation are beyond Our responsibility as they are now the property of their respective owners.

If for any reason We must cancel Maker's Patch Project, We reserve the right to discontinue the Project and all patch designs at any time without cause or notice as We see fit. As the Participant is not investing any money into the Project, and they maintain copyright of their design, no money will be due to them upon Our cancellation.

ADVERTISING

Maker’s Movement offers advertising space to brands that align with Our values and the interests of Our community. Throughout these Terms, “Advertiser” refers to any individual or entity buying advertising space with Us. We reserve the right to refuse advertising submissions with no cause or explanation, and without incurring any liability towards the Advertiser. Advertisers should read all the Terms outlined on this page, with an emphasis on the Content, Copyright & Intellectual Property section. By providing Our rate sheet, this does not constitute an offer to advertise. All submitted advertisements are subject to Our review and discretion. Advertisers for Our Magazine and Seasonal Catalogues understand that the rates provided are for the size of the ad space only, unless otherwise specified. We reserve the right to place advertisements in any position within the publication or platform. While We do proof all content, We are not be responsible for content or typographical errors within the advertisement. While We do our best to accurately represent all advertisements in the state they are submitted, the Advertiser understands that minor colour variation is possible, depending on screen displays and printing options, and We cannot be held liable for variations. In the case where advertisements require adjustment to suit a particular layout or aesthetic, We will provide feedback and/or proofs via email before finalizing the change.

Maker’s Movement is in no respect whatsoever responsible for the effectiveness of the Advertisers copy.

Viewers of Our content understand that We are not responsible for the quality of service and/or products of third-party companies. As a reader and/or customer, it is your responsibility to research the terms and conditions, policies, and reviews of all Advertisers and third-party companies before purchasing their products and/or services.

Maker’s Catalogue
Maker’s Catalogue (the “Catalogue”) is a quarterly digital publication published by Maker’s Movement. The Catalogue sells ad space to small and/or handmade businesses, and it is widely promoted and distributed for free across all Our platforms. Copyright is owned by Us and/or its respective contributors. Please ensure you read these Terms in entirety before submitting to advertise in the Catalogue or before downloading/ordering the Catalogue.

Cancellation Policy
Online: Advertisements on Our website and/or social media platforms can be removed at any time. If the Advertiser cancels at least 48 hours prior to the publishing date, a full refund will be due. Once the advertisement has been published and/or released publicly, We will remove copy as requested by the Advertiser, but no refund is owed by Us.

Print and Digital Publications: If the Advertiser wishes to withdraw their advertisement after it has been approved by email, at least six weeks notice of the applicable publishing date must be given. The Magazine is published January 5th and July 5th of each year. The Catalogue is published February 1, May 1, August 1 and November 1 of each year. Other print and digital materials are subject to different publishing dates. It is your responsibility to ensure that you are aware of these publishing dates and deadlines. If at least six weeks notice is given, the advertisement will be discarded and a full refund will be issued. Once the six month deadline has passed, or if the advertisement order was placed and confirmed within the six month period, Advertisers agree that it cannot be cancelled or refunded.

We reserve the right to terminate advertisements at any time without cause or notice as We see fit. Advertisements terminated by Us will receive a full refund, unless termination is a result of breached Terms.

WEBSITE

You agree that your use of, or inability to use, the service is at your sole risk. While We strive to ensure the information on this Website and Our platforms is accurate, you agree that any reliance on content is at your own discretion. Any errors, interruptions and/or delays of our Website or Services may occur at any time. We are not liable for interruptions in availability. We reserve the right to take Our Website offline for indefinite periods of time for servicing, or to cancel Our Website at any time, without notice to you. You must not misuse Our Website by knowingly or intentionally transmitting worms, viruses, codes or any other material of an intrusive or instructive nature. We cannot be held liable for any loss or damage caused by worms or viruses believed to be traced to Our Website.

THIRD-PARTY LINKS

Our Website or Services may contain links to other websites that are not owned or operated by Us (“Linked Websites”). We do not scan or review Linked Websites, and we are not responsible for the content, services, security, or privacy practices of these third-party links. Linked Websites should not be construed as endorsement or approval from Us. You access Linked Websites at your own risk, and We are not liable for any risks incurred as a result of your use. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any activity or transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

CHANGES TO TERMS AND CONDITIONS

It is your responsibility to read the Terms carefully and ensure that you check back on a frequent basis. We reserve the right to update, change or replace any part of these Terms. You can review the most current version of these Terms at any time on this page. By using Our Website, Services, or Products We offer, you agree to be bound by the Terms.

INDEMNIFICATION

You agree to indemnify, defend and hold Us harmless from any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys' fees and other professional fees and costs of investigation) arising from your use of Our Services and/or Products your breach of these Terms, or your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds Maker’s Movement without Our express prior written consent.

SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

The failure of Us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by Us on this site or in respect to the Terms constitutes the entire agreement and understanding between you and Us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

These Terms and Conditions are effective unless and until terminated by Us. We reserve the right to suspend viewers’ access Our Website, Products and/or Services at any time at Our sole discretion.

CONTACT

If you have any questions regarding these Terms and Conditions, email us at hello@makersmovement.ca Maker’s Movement, 550 Front Street West, Toronto, ON


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