1. Accepting these Terms
Welcome to Bay Area Made. This following document and the documents that we reference below make up our terms of use (“terms” for short).
The Terms are a legally binding contract between you and Made Local Industries (the partnership that owns Bay Area Made “BAM”).
This contract sets out your rights and responsibilities when you use the services provided by Made Local Industries (the “Services”), so please read it carefully. By using any of our Services (even just visiting our website), you’re agreeing to the Terms. If you don’t agree with these Terms, you may not use our Services.
2. Privacy Policy
Please read it here.
3. Your Use of Our Services
We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions:
A. Don’t hurt us. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
B. Follow Trademark rules. The name “BAM,” and the other BAM marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of BAM in the U.S. and other countries. If you’d like to use our trademarks, please contact us.
C. Follow the law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your business requires; you may not post about products that violates any laws; and don’t commit fraud, theft or any other crimes against BAM another BAM user or a third party. If we determine that your company is engaged in any unethical business practices we have the right to terminate the Services.
D. Communicate Online. At any point necessary, BAM will provide you with legal information in writing. By using our Services, you’re agreeing that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
E. Members, Pay Your Bills. You are responsible for paying all fees that you owe to BAM. Your membership dues and how you can pay them are fully explained in our Payments Policy below.
F. Members, you must make products in the Bay Area. Members must adhere to our membership criteria, complete all fields of the application process with accurate and honest information, and adhere to the following principles described below:
Criteria:
- You make a consumer or custom product in the Bay Area* (food and beverage products must be packaged).
- You are headquartered in the Bay Area*.
- You have a company website.
- You are currently operating your business and product is for sale (you are not in the pre-start, fundraising or planning stage)
*Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano and Sonoma Counties.
In addition:
- Bay Area Made members must be designing or making items mentioned on the site (or both). Reselling is not allowed by members.
- Bay Area Made members must be prepared to tell us exactly how, where, with what tools and by who your products are made. Information shared in private correspondence with BAM will remain confidential. If we determine that the information provided to qualify is inaccurate or false, we have the right to terminate your services.
We take the integrity of our platform very seriously, which means we may contact you to clarify or confirm that your profile complies with our principles.
G. Don’t list prohibited items.
The following types of items are prohibited or restricted on BAM:
- Hate Items: Items that Promote, Support, or Glorify Hatred
- Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
- Internationally Regulated Items
- Pornography and Mature Content
- Violent Items: Items that Promote, Support, or Glorify Violence
- Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
4. Your Account with BAM
Members will need to create an account with BAM to use some of our Services. Here are the rules:
You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
Provide accurate information about you and your company. It’s not OK to use false or inaccurate information or impersonate another person or company through your account.
You’re solely responsible for any activity on your account and you personally guarantee that you have the authority to agree to the Terms on behalf of the business you’re representing.
A username that we determine to be offensive or infringes someone’s intellectual property rights violates the Terms.
Keep your account password secure. You must immediately notify us by the contact information below, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.
These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and BAM.
5. Your Content
Content that you post using our Services is your content (“Your Content”). That includes anything you post using our Services (like usernames, company names, photos, descriptions, links.)
Permission to Use Your Content. By posting Your Content through our Services, you grant BAM a license to use it. That means, by posting Your Content, you grant BAM a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote BAM, or the Services in general, in any formats and through any channels, including across any BAM Services or third-party website or advertising medium for as long as you use our services. Basically, we don’t claim any ownership to Your Content, but we have your permission to use it to help BAM grow (and help promote your company). For example, we have the right to resize a photo you added to the site for our Instagram channel or repost an image of a new product of yours on our Facebook page.
Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc.
Reporting Unauthorized Content. Respecting intellectual property rights is important to BAM, as outlined in the Copyright Complaints and Copyright Agent Section. If you spot content you own that has been posted without your permission, you can follow the instructions outlined in the above mentioned section. If Your Content infringes on another person’s intellectual property rights, we will remove it with proper notice and alert you.
False, Inappropriate or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Termination
Termination By BAM. We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. This includes termination because you have violated a policy under section 3 of the Terms. If we do so, you don’t have a legal right to continue to use our Services, for example, to upload information to your web profile. BAM may refuse service to anyone, at any time, for any reason.
Termination By You. You may terminate your account with BAM at any time by emailing the contact information on our website. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Please note that even if you terminate your account, information on third party websites previously posted by BAM about your business (for example, a tweet or Instagram post) may remain.
If you or BAM terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. BAM reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
7. Payment
A. Membership Billing
Initial Membership
By purchasing an annual membership, you agree and acknowledge that your membership has an initial pre-payment feature for one full year of service and a recurring Annual Membership renewal fee at the then-current Annual Membership rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Bay Area Made after the expiration date of your payment card. Billing charges will be processed immediately when your order is taken and according to the billing details displayed, as well as when your subscription is automatically renewed.
B. Annual Renewal Terms
All memberships are automatically renewing. This means that at the end of your first yearly term of membership, your subscription will be automatically renewed and your billing method will be charged unless you opt out or cancel by following the instructions in these Terms. Please ensure that you correct any information which has changed in respect to your Payment Method to prevent your subscription lapsing due to us being unable to process your payment.
You will be notified via email before your subscription ends and asked to correct any information which has changed and reminded of the opportunity to “opt out” of your renewal, with instructions to do so.
C. Cancellation Policy
To cancel your annual membership renewal for the following year, at any time after you were billed for the then-current year, you may send us a message at info@bayareamade.us and we will do it for you. Cancelling of your renewal must happen seven business days in advance of the renewal date. If you do not let us know that you want to terminate your membership at least seven business days prior to the end of the current membership period, the payment for the renewal of the membership will be processed.
D. Termination or Suspension of Your Account/Refund Policy
As stated in section 6 if we believe, in our sole discretion, that you are in breach of the Terms or are acting inconsistently with the letter or spirit of the Terms, we may limit, suspend or terminate your access to our Services and current membership will not be refundable.
E. Prices Subject to Change
Prices may be changed by BAM at any time and each renewal of your membership will be at the price that you were originally charged for that membership when you joined unless otherwise stated or there is a change in your membership price. BAM shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on our site or in usual member communications. If you do not wish to continue with your membership due to the new prices, you may opt out of renewal or cancel as set forth above.
8. Copyrights Complaint and Copyrights Agent
A. Termination of Repeat Infringer Accounts.
BAM respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, BAM has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. BAM may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
B. DMCA Take-Down Notices.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information via email to us at info@bayareamade.us.
• The date of your notification;
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description 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;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
• 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.
C. Counter-Notices
If you believe that Your Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in Your Content, you may send a counter-notice containing the following information to our email address using the contact information set forth above:
• Your physical or electronic signature;
• A description of the content that has been removed and the location at which the content appeared before it was removed;
• A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by BAM, BAM will send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or member, the removed content may (in BAM’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
9. Warranties and Limitation of Liability
Items You Find on Our Site. You understand that BAM does not manufacture, store or inspect any of the products displayed by our member companies. We provide the connection to these members; the items in our platform are produced and sold by independent members, so BAM cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you eventually purchase must be brought directly against the seller of the item. You release BAM from any claims related to items linked to through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. BAM is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content. If you become aware of misuse of our Service, please contact us at info@bayareamade.us.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. BAM is not a party to those agreements; they are solely between you and the third party.
Warranties. BAM is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither BAM, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall BAM’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid BAM in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
10. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if BAM gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend BAM (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
11. Disputes with Other Users
If you find yourself in a dispute with another user of BAM’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. BAM has no obligation to resolve any disputes.
Release of BAM. You release BAM from any claims, demands and damages arising out of disputes with other users or parties.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and BAM regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
