Privacy Policy

By visiting MakingOf, you are accepting the practices described in this Privacy Policy.

What personal information about users does MakingOf gather?

We only collect personally identifiable information from you because you are voluntarily submitting the information to us in order to enjoy certain MakingOf services. The information we learn from users helps us personalize and improve your experience at MakingOf.

You may, at your discretion, disclose your own personally identifiable information by any means you choose, including, without limitation: a) registering with the Site; b) setting up a profile on the Site; and c) posting such information on areas of the Site that may be viewed by other users or the public.

Automatic Information:
We receive and store certain types of information whenever you interact with us. For example, we use “cookies” and we obtain certain types of information when your Web browser accesses MakingOf. A number of companies offer utilities designed to help you visit Web sites anonymously. We want you to be aware that these tools do exist, although we will not provide a personalized experience if we cannot recognize you.

Does MakingOf share the information it receives?

Information about our users is important to our business model and how we expand the business to meet our customers’ needs. We are not in the business of sharing it or selling it to others. MakingOf will not sell information about you to external marketers, or other third parties without user consent. Nor will we give such information to affiliated businesses or companies that we team up with to provide co-branded or jointly owned offerings unless you choose to take advantage of those offerings, and even then, any sharing of information is limited to information relating to the offering. Whenever we deal with this information, we will always comply with applicable laws and regulations.

What are cookies, and how are they used?

Cookies are small bits of information placed on the hard drive of your computer. Cookies remember information about your activities on a Web site.
We may use cookies and similar tools to relate your use of the MakingOf Services to personally identifiable information obtained from you and to obtain anonymous aggregated data.

What about third-party advertisers?

Our site includes third-party advertising, and some of our advertisers use third-party companies to serve their advertisements that appear on our site. Often, these third party advertisements displayed in connection with the MakingOf Services may also contain cookies set by internal advertisers. We do not have access to control cookies that may be placed by the ad networks.

Conditions of Use, Notice, and Changes

If you choose to visit MakingOf, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions of Use, including limitations on damages, arbitration of disputes, and applications of the law of the state of California. If you have any concerns about privacy at MakingOf, please send us a detailed description via email to privacy@makingof.com. As our business will continue to change, so will this Notice and Terms of Conditions of Use. The use of information we gather now is subject to the Privacy Notice in effect at the time of use.

Terms of Service

I. Your Acceptance

1. By using and/or visiting this Web site you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) MakingOf's privacy notice, found at http://www.makingof.com/privacy and incorporated here by reference, and (3) MakingOf''s Community Guidelines, found at http://www.MakingOf.com/mocommunity_guidelines, and also incorporated here by reference. If you do not agree to any of these terms, or the MakingOf privacy notice, or the Community Guidelines, please do not use the MakingOf Web site.

2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.MakingOf.com/tos). MakingOf may, in its sole discretion, modify or revise these Terms of Service and policies at any time. By using the site, you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

II. MakingOf Web site

1. These Terms of Service apply to all users of the MakingOf Web site, including users who are also contributors of video content, information, and other materials or services on the Web site. The MakingOf Website includes all aspects of MakingOf, including, but not limited to, all products, software and services offered via the Web site, such as the MakingOf channels, the MakingOf "Embeddable Player," the MakingOf¬¬ "Uploader" and other applications.

2. The MakingOf Web site may contain links to third party Web sites that are not owned or controlled by MakingOf. MakingOf has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party Web sites. In addition, MakingOf will not and cannot censor or edit the content of any third-party site. By using the Web site, you expressly relieve MakingOf from any and all liability arising from your use of any third-party Web site.

3. Accordingly, we encourage you to be aware when you leave the MakingOf Web site and to read the terms and conditions and privacy policy of each other Web site that you visit.

III. MakingOf Accounts

1. In order to access some features of the Web site, you will have to create a MakingOf account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MakingOf immediately of any breach of security or unauthorized use of your account.

2. Although MakingOf will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MakingOf or others due to such unauthorized use.

IV. General Use of the Web site—Permissions and Restrictions

MakingOf hereby grants you permission to access and use the Web site as set forth in these Terms of Service, provided that:

1. You agree not to distribute in any medium any part of the Web site, including but not limited to, User Submissions (defined below), without MakingOf’s prior written authorization.

2. You agree not to alter or modify any part of the Web site, including but not limited to, MakingOf’s Embeddable Player or any of its related technologies.

3. You agree not to access User Submissions (defined below) or MakingOf Content through any technology or means other than the video playback pages of the Web site itself, the MakingOf Embeddable Player, or other explicitly authorized means MakingOf may designate.

4. You agree not to use the Website, including the MakingOf Embeddable Player for any commercial use, without the prior written authorization of MakingOf. Prohibited commercial uses include any of the following actions taken without MakingOf’s express approval:
* sale of access to the Website or its related services (such as the Embeddable Player) on another website;
* use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising on the MakingOf website or any third-party website targeted to the content of specific User Submissions or MakingOf content;
* and any use of the Website or its related services (such as the Embeddable player) that MakingOf finds, in its sole discretion, to use MakingOf’s resources or User Submissions with the effect of competing with or displacing the market for MakingOf, MakingOf content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)

5. Prohibited commercial uses do not include:
* uploading an original video to MakingOf, or maintaining an original channel on MakingOf, to promote your business or artistic enterprise;
* using the Embeddable Player to show MakingOf videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with MakingOf;
* any use that MakingOf expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)

6. If you use the MakingOf Embeddable Player on your Web site, you must include a prominent link back to the MakingOf Web site on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

7. If you use the MakingOf Uploader, you agree that it may automatically download and install updates from time to time from MakingOf. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MakingOf to deliver these to you) as part of your use of the Uploader.

8. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the MakingOf servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MakingOf grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MakingOf reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Web site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

9. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, MakingOf Community Guidelines, and all applicable local, national, and international laws and regulations.

10. MakingOf reserves the right to discontinue any aspect of the MakingOf Web site at any time.

V. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the MakingOf Web site.

1. The content on the MakingOf Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MakingOf, subject to copyright and other intellectual property rights under the law. Content on the Web site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MakingOf reserves all rights not expressly granted in and to the Web site and the Content.

2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the MakingOf Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by MakingOf on the MakingOf Website for that User Submission.

3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the MakingOf Web site. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the MakingOf Website or otherwise as prohibited under this Agreement.

4. You may access MakingOf Content, User Submissions and other content only as permitted under this Agreement. MakingOf reserves all rights not expressly granted in and to the MakingOf Content and the MakingOf Web site.

5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

6. You agree not to circumvent, disable or otherwise interfere with security-related features of the MakingOf Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MakingOf Web site or the Content therein.

7. You understand that when using the MakingOf Web site, you will be exposed to User Submissions from a variety of sources, and that MakingOf is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MakingOf with respect thereto, and agree to indemnify and hold MakingOf , its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

VI. Your User Submissions and Conduct

1. As a MakingOf account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, MakingOf does not guarantee any confidentiality with respect to any User Submissions.

2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MakingOf to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to MakingOf , you hereby grant MakingOf a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MakingOf Web site and MakingOf (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the MakingOf Web site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MakingOf Web site a non-exclusive license to access your User Submissions through the Web site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Web site and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the MakingOf Web site. You understand and agree, however, that MakingOf may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MakingOf all of the license rights granted herein.

5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the MakingOf Community Guidelines, found at http://www.MakingOf.com/mocommunity_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

6. MakingOf does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MakingOf expressly disclaims any and all liability in connection with User Submissions. MakingOf does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and MakingOf will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MakingOf reserves the right to remove Content and User Submissions without prior notice.

VII. Account Termination Policy

1. MakingOf will terminate a User's access to its Web site if, under appropriate circumstances, they are determined to be a repeat infringer.

2. MakingOf reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MakingOf may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

VIII. Digital Millennium Copyright Act

1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification 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;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* 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.
MakingOf's designated Copyright Agent to receive notifications of claimed infringement is: Christine Aylward, 220 Halleck St, Suite GL-10 The Presidio, San Francisco, CA 94129 email: copyright@makingof.com, fax: 415-896-4611. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MakingOf customer service through http://www.MakingOf.com/service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) 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 User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
* Your physical or electronic signature;
* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, 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 the Copyright Agent, MakingOf may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MakingOf’s sole discretion.

IX. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MAKINGOF WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAKINGOF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MAKINGOF MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAKINGOF WEBSITE. MAKINGOF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MAKINGOF WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MAKINGOF WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
X. Limitation of Liability
IN NO EVENT SHALL MAKINGOF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAKINGOF WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT MAKINGOF SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.