Terms of Use

The Services (as defined below) are provided by Make it Real, LLC (collectively, "Make It Real", "we", "our", or "us"). These "Terms of Use” and “Terms and Conditions " govern your use of the Services, regardless of how you access or use them.

Please carefully read the following Terms of Use before using the MakeItRealPlay.com website (the "Site") or mobile application (the “App”) (collectively, the “Services”). By accessing the Site, App, or Services, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appears at the bottom of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use the Site, App, or Services.

IF YOU'RE UNDER THE AGE OF MAJORITY (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Site, App, or Services. Because of this, and because it’s important for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Site, App, or Services – as this Terms of Use and your use of the Site, App, or Services affect their legal rights and obligations.

You may only use the content on the Site, App, or Services in connection with your permitted activities on the Site, App, or Services – and not in an offline environment or on another website. You may only use the Site, App, or Services for personal purposes and not for commercial, political, or inappropriate purposes.


Wireless Features. The Services may offer certain features and services that are available to you via your wireless internet device. These features and services may include the ability to access the Services’ features and upload content, receive messages from the Services, and download applications to your wireless internet device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless internet device regarding us or other parties – unless you cancel your registration or opt-out in accordance with any procedure established by us or by law. Further, we may collect information related to your use of the Wireless Features. If you have registered for Wireless Features, then you agree to notify Make It Real of any changes to your wireless number (including phone number) and update your account(s) to reflect the changes, or notify us when you wish to terminate your registration.


All content included on the Site, in the App, and on the Services, such as text, graphics, logos, button icons, images, audio clips, video, and software, is the property of Make It Real, LLC or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site and in the App is the exclusive property of Make it Real, LLC, MakeItRealPlay.com, and the Make It Real Play mobile application, and protected by U.S. and international copyright laws. All software used on the Services is the property of Make it Real, LLC, MakeItRealPlay.com, and the Make It Real Play mobile application or its software suppliers and protected by U.S. and international copyright laws. Certain uses, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site or App is strictly prohibited.

By submitting any content for the App gallery or providing an avatar on the App, you agree that you will not violate any laws, and Make It Real hereby disclaims any liability for compliance with such laws in the use of the your copy or material.


All trademarks, logos, service marks and trade names are proprietary to Make it Real, LLC, MakeItRealPlay.com, and the Make It Real Play mobile application, or other respective owners that have granted the Services the right and license to use such intellectual property.


The information, services, products offered for sale and materials contained in and/or advertised on the Site, App, or Services, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKE IT REAL, LLC, MAKEITREALPLAY.COM, AND THE MAKE IT REAL PLAY MOBILE APPLICATION AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Make it Real, LLC, MakeItRealPlay.com, and the Make It Real Play mobile application and its suppliers do not represent or warrant that the information accessible via the Site, App, or Services is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Information

Most products displayed on the Site or App are available at retail stores in the United States or United Kingdom while supplies last. In some cases, merchandise displayed for sale may not be available in stores. Any prices displayed on the Site or App are quoted in U.S. dollars and are the suggested retail price only in the United States. All prices, pictures and descriptions on this site are subject to change. We maintain no responsibility for inadvertent errors. Price differences related to future or past prices in any retail store's prices are not refundable. The particular technical specifications and settings of your computer or device and its display could affect the accuracy of its display of the colors of products offered on the Site or App.

Links to Other Websites & Services

This Site may contain links to online websites other than our own. Make it Real, LLC, MakeItRealPlay.com, and the Make It Real Play mobile application do not assume any responsibility for those sites and provides those links solely for the convenience of our visitors.

Make it Real, LLC, MakeItRealPlay.com, and the Make It Real Play mobile application do not control the content of these sites and takes no responsibility for their content, nor should it be implied that Make it Real, LLC, MakeItRealPlay.com, or the Make It Real Play mobile application endorses or otherwise recommends such sites or the products or services offered.

Unsolicited Ideas and Materials Prohibited; No Confidential or Special Relationship With Make It Real.

As the manufacturer of tween creativity company, Make It Real employs a staff of designers to develop new ideas and, each year, Make It Real solicits and receives product idea submissions from professional inventors with whom it has business relationships.

Because of this, in your communications with Make It Real, please keep in mind that Make It Real does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, or designs for toys, games, videogames, books, scripts, screenplays, motion pictures, television shows, theatrical productions, music productions, or webisodes (collectively, “Unsolicited Ideas and Materials”). Therefore, you must not send to Make It Real (even within any of your User-Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Services are deemed User-Generated Content and licensed to us as set herein.

Except as otherwise specifically described in the Make It Real Privacy Policy or any Terms, your relationship with Make It Real is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else submitted by you (such as any questions, comments, answers, correspondence, postings, and the like) will be treated as non-confidential and non-proprietary User-Generated Content – regardless of whether you mark them “confidential”, “proprietary”, or the like. Make It Real will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to Make It Real does not place Make It Real in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.

Make It Real finds that many submissions that it receives, including those from professional inventors, are already in the public domain; or are identical or substantially similar to products developed or in development by our own staff; or, for a host of many other reasons, are not novel or unique. So, if you send us any of your Unsolicited Ideas and Materials despite our request that you not do so, it’s likely they’re identical or substantially similar to ideas, concepts, and materials that, in the past, were developed by our staff or submitted to us by others. Likewise, in the future we may, without any reference to any of your Unsolicited Ideas and Materials, develop or receive from others ideas, concepts, and materials that are identical or substantially similar to your Unsolicited Ideas and Materials.

Make It Real’s receipt of your Unsolicited Ideas and Materials is not an admission by Make It Real of their novelty, priority, or originality, and it does not impair Make It Real’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

Limitation on Liability


Opening and Terminating Accounts.

To access or use some (or potentially all) of the features of the Services, you may have to become a registered user of the Services (or a portion of it). Depending upon your age, registration may require parental consent. The Services’ practices governing any resulting collection and use of your personal information are disclosed in its Privacy Policy. Your decision to provide this information is purely voluntary and optional; however, if you elect not to provide it, then you may not be able to access certain content or participate in certain features of the Services.

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that:
  • You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion.
  • You will provide accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete for as long as you use the features to which the registration relates.
  • You are solely responsible for all activities that occur under your account, password, and username, whether or not you authorize the activity (except to the extent that activities occur because someone gains access to our system without using your identifiers and password).
  • You are solely responsible for maintaining the confidentiality of your password and for restricting access to your internet device so that others may not access any password protected portion of the Services using your name, username, or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this Terms of Use or any other Terms or policies, or any legal requirement or law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

Limits of Responsibility

We accept no responsibility for user initiated damage and/or loss of parts incurred during operation or use of product.

Dispute Resolution

Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Make It Real agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.

First -- Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, App, or Services, the content, your User-Generated Content, your Unsolicited Ideas and Materials, this Terms of Use, or any additional Terms (collectively, “Dispute”), or to any of Make It Real’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent to: Make It Real, LLC, 1700 Reisterstown Rd Suite 211, Pikesville, Maryland 21208, U.S.A., Attention: General Counsel. For a period of 60 days from the date of receipt of notice from the other party, Make It Real and you will engage in a dialogue to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Make It Real to resolve the Dispute or Excluded Dispute on terms with respect to which you and Make It Real, in each party’s sole discretion, are not comfortable.

Forums for Alternative Dispute Resolution.


If we cannot resolve a Dispute as set forth herein within 60 days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section. If we cannot resolve an Excluded Dispute as set forth herein within 60 days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and Make It Real consent, in a writing signed by you and Make It Real LLC’s legal counsel, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section.

Upon expiration of the applicable 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than 15 years experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Make It Real elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms of Use and any other additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and Make It Real do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph, then this paragraph and the remainder of this Section will not apply to the Excluded Dispute.

If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal officer of Make It Real consents to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.

You can obtain AAA and JAMS procedures, rules, and fee information as follows:
Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Use (and any additional Terms) and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Make It Real to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Make It Real will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.


Injunctive Relief. The foregoing provisions of this Section will not apply to any legal action taken by Make It Real to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, App, any content, your User-Generated Content or Unsolicited Ideas and Materials and/or Make It Real’s intellectual property rights (including such Make It Real may claim that may be in dispute), Make It Real’s operations, and/or Make It Real’s products or services.

No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to the terms above that this restriction is unconscionable or unenforceable, then our agreement above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to terms below.

Federal and State Courts in Baltimore. Except to the extent that arbitration is required above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Baltimore County, Maryland. Accordingly, you and Make It real consent to the exclusive personal jurisdiction and venue of such courts for such matters.

Applicable Law

The laws of the State of Maryland will govern these Terms of Use without giving effect to any principles of conflict of laws.

The Terms and Conditions below are intended for users who submit content to us that we are interested in using.

Terms and Conditions

Thank you for sharing your images that inspire play! You have given us permission to post submitted photos on our Gallery, your name/handle (or your child’s name/handle for those who are between the ages of 13 and the age of majority in your jurisdiction), and the caption that you’ve placed on your photo (“User Generated Content”, or “UGC”). Users under the age of 13 are subject to additional privacy protections and their name/handle is not shared publicly if photos are added to the Gallery. By sharing UGC, you are agreeing to these Terms and Conditions, the Terms of Use for our Services (above) and our Privacy Policy.

You own the content you share.

By sharing your UGC with us, you do not grant any ownership rights in the UGC, and you represent and warrant that you own all right, title and interest in the UGC that you share, including all copyright. You also represent and warrant that the sharing and publication of your UGC does not violate the rights of any other person, including intellectual property rights.

You have the right to share your UGC.

By sharing your UGC, you represent and warrant that you are over 18 and that you are the parent or legal guardian of the child who created the photos you submit. You also represent and warrant that if any person appears in the photos/images you submit that you will be able to provide any required authorization to use the likeness, if requested.

You grant us a License to use your UGC.

By sharing your UGC, you are granting to Make it Real, LLC, and its successors and assigns, a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to Make It Real to your UGC, you also hereby grant to Make It Real, and agree to grant to Make It Real, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted by this section.

Our Exclusive Right to Manage All User-Generated Content. 

Make It Real may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Make It Real may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. Make It Real reserves the right to treat User-Generated Content on the Services as content stored at the direction of users for which Make It Real will not exercise control except to block or remove content that comes to Make It Real’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to Make It Real, or to enforce the rights of third parties or the content restrictions set forth below when notice of their violation comes to Make It Real’s attention. Such User-Generated Content submitted by you or others need not, however, be maintained on the Site, App, or Services by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Site, App, or Services.

How we will use your UGC.

We have no obligation to use any of the UGC that you share, and we reserve the right to select in our sole discretion which images will be published. The UGC submitted to us may be used on our website, mobile application, and on our social media pages. We also may publish this information in our catalogs, e-mail marketing, point of sale store materials, and in other promotional and marketing materials.


By sharing your UGC, you release Make it Real, LLC, from any and all liability resulting from our use of the UGC.


Your UGC will be treated as non-confidential and non-proprietary. By sharing your UGC with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove you UGC from our site, simply send us an e-mail at info@makeitrealplay.com, or call us at 410-995-8685. Even if we remove your UGC, your waiver of rights will continue to apply to all UCG that we have already used.

Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that any content posted in our photo Gallery is an infringement of your copyright, you may ask us to take down that content by sending us a DMCA Notice. If you believe that a DMCA Notice was been wrongly filed against you, you may send us a Counter-Notice. Notices and Counter-Notices must meet the DMCA requirements and we suggest that you obtain legal advice before sending us a Notice or Counter-Notice. Please note that we will decline to accept UGC from users who we believe to be repeat infringers, and there could be substantial penalties for making false claims. Notices and Counter-Notices can be sent to us by either of the following methods:

By e-mail: info@makeitrealplay.com

By U.S. Mail or courier:

Make It Real
1700 Reisterstown Rd Suite 211
Pikesville, MD 21208

It is often difficult to determine if your copyright has been infringed. Make It Real may elect to not respond to DMCA Notices that do not substantially comply with all of the requirements, and Make It Real may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Make It Real’s other rights, Make It Real may, in appropriate circumstances, terminate a repeat infringer’s access to the Site, App, or Services and any other website owned or operated by Make It Real.

Last modified: June 24, 2019