# Terms of Service

# General Terms of Use

By accessing fabacademy.org or gitlab.fabcloud.org you agree to the following terms of use. If you don’t agree with the following terms of use, please do not access this site.

These General Terms of Use (“Terms of Use”) govern your access to and use of the Sites, including any content, functionality, and services offered on or through the Site (“Services”). “You” and “your” refer to any person who accesses or uses the Site or Services. The Site is intended for individuals who are at least 13 years old. If you are under the age of 13 years old, please do not access this Site.

# Change of terms

Fab Academy reserves the right to modify these Terms of Use at any time without notice. Any change to these Terms of Use will be effective upon posting of such updated Terms of Use on the Site. The most current version of the Terms of Use will be available to you by clicking the link at the bottom of the Site. By continuing to access or use the Services after the date of any change to these Terms of Use, you agree to be bound by such terms contained in the most recent version of these Terms of Use. Fab Academy reserves the right to modify or terminate the Services or to terminate your access to the Site, in whole or in part, at any time.

# Website and platform description

The fabacademy.org is the official website of the Educational Program named Fab Academy, and contains a description of all the necessary information related to the course.
The gitlab.fabcloud.org, and more specifically https://gitlab.fabcloud.org/academany/fabacademy is Fab Academy’s GitLab instance where students, Instructors, faculty, and community document and archive their work and projects, in the context of the Fab Academy Program.

# Rules for Online Conduct

You agree to use the Sites in accordance with all applicable laws. Because Fab Academy is an educational program, owned by the Fab Foundation, a nonprofit, tax-exempt US organization, you agree that you will not use the Sites for any of the following:

Content that defames or threatens others
Harassing statements or content that violates federal or state law
Content that discusses illegal activities with the intent to commit them
Content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
Material that contains obscene (i.e. pornographic) language or images
Advertising or any form of commercial solicitation
Content that is otherwise unlawful
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

# Permission to use Sites

Your use of https://gitlab.fabcloud.org/academany/fabacademy shall be in accordance with these Terms, and for academic purposes. You agree that you are the sole responsible for your own conduct and all conduct under your account. Once your account is created inside the specific year of enrollment and under your own name, we grant you a limited, non-exclusive license to use the site subject to these Terms, for so long as you are not barred from using it under the laws applicable to you. You agree that you are the sole responsible as the person who created the Content or introduced it to your specific site, within the https://gitlab.fabcloud.org/academany/fabacademy . This applies whether the Content is kept private, shared or transmitted using the site or any third party application or services integrated with the site.

Fab Academy is not liable for the Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.

# Limitation of Use

You may use Sites for legal purposes only. Furthermore, you agree that, if a third party claims that any material you have contributed to a Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although Fab Academy does not monitor the content of the Sites, Fab Academy has the right to remove material from the Sites, block access, or take other action with respect to the Material in its sole discretion, although Fab Academy is under no obligation to do so.

# Links to Other Sites

Fab Academy’s Site may include hyperlinks to websites maintained or controlled by others. Fab Academy is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites.

# Content rights and licenses

Your default license for https://gitlab.fabcloud.org/academany/fabacademy the work done under the Fab Academy Course will be under Creative Commons: Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) (opens new window) You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the site. Other than the limited license and other rights you grant in these Terms, Fab Academy acknowledges and agrees that it does not obtain any right, title or interest from you under these Terms in any of your Content. Thus, you grant Fab Academy a license to display, reproduce, and distribute such Content. You agree that these rights and licenses are royalty-free, irrevocable, and worldwide (for so long as your Content is accessible on the site).

You also represent and warranty that, by submitting Content to the site and granting Fab Academy the rights described in these Terms, you are not infringing the rights of any person or third party.

# The Site are available “As Is.”

The Sites are available “As Is.” You expressly understand and agree that:

your use of the sites are at your sole risk, the sites are provided on an “as is” and “as available” basis.
these sites and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or non-infringement.
Fab Academy does not warrant that (i) the sites will meet all of your requirements; (ii) the sites will be uninterrupted, timely, secure, or error-free; or (iii) all errors in the software or platform will be corrected;
any material downloaded or otherwise obtained through the use of the sites are done at your own discretion and risk and that you are solely responsible for any damage to your computer systems or other device or loss of data that results from the download of any such material;
no advice or information, whether oral or written, obtained by you from the sites or through or from the sites shall create any warranty not expressly stated in these terms of use.

# Limitation of liability

You expressly understand and agree that Fab Academy, The Fab Foundation, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents and successors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if fablabs.io has been advised of the possibility of such damages) resulting from:

the use or the inability to use the sites;
unauthorized access to or the loss, corruption or alteration of your transmissions, content or data;
statements or conduct of any third party on or using the sites;
Fab Academy actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom;
your failure to protect the confidentiality of any passwords or access rights to your account information;
the termination of your account in accordance with these terms;
nothing in these terms is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.

# Copyright Complaints & DMCA: Notice and Procedure

Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA

In accordance with the Digital Millennium Copyright Act, which may be found on the U.S. Copyright Office website ( http://www.copyright.gov). Fab Academy will respond expeditiously to clear notices of alleged copyright infringement that are reported to our designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Fab Academy that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material, in accordance with the DMCA.

Notice of Infringing Material

If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of an exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Fab Academy by sending an email to copyright @ fabacademy.org