The Kyle Public Library (Library) Makerspace (“Makerspace,” or the “Library”) is an innovative creative space that provides library customers access to high quality, professional grade computer hardware, software, and equipment to support their educational, and personal endeavors.
Use of the Makerspace is subject to the rules in this policy, the Makerspace Safety Guidelines, and any other applicable Library policies and procedures. Failure to abide by all applicable policies and procedures will result in suspension or loss of Makerspace use privileges.
Customers wishing to use the Makerspace, or any equipment contained within it, must read and sign the Makerspace User Agreement before they may use it.
I. General Policy
A. The Library’s Makerspace may be used only for lawful purposes. The public is prohibited from using the Makerspace and any included equipment to create material that is:
1. Prohibited by local, state or federal law.
2. Unsafe, harmful, dangerous or poses an immediate threat to the well-being of others (such use may violate the terms of use of the manufacturer).
3. Obscene or otherwise inappropriate for the Library environment.
4. In violation of another’s intellectual property rights. For example, the equipment may not be used to reproduce material that is subject to copyright, patent, or trademark protection.
5. For political advertising or business purposes.
B. The Makerspace is available to Library customers ages 12 and older. Users 12-17 must have a parent or legal guardian sign the agreement form on their behalf before using the Makerspace.
C. Users must complete and sign the Makerspace Agreement and Liability Form before using the Makerspace.
D. Users agree to release and hold the Library harmless from any claims for personal injury, property damage, or any other loss in connection with the use of the Makerspace, including the equipment, tools, and materials.
E. The Library reserves the right to limit use of Makerspace equipment and refuse to produce any projects, including, without limitation, those that it believes may violate this policy or any other applicable library policy, or that may result in legal action against the Library or its employees.
F. The Library upholds copyright law of the United States (Title 17, United States Code) and the patent law (Title 35, United States Code), which governs the making of reproductions of copyrighted material. The person requesting print is liable for any infringement and the Library reserves the right to deny access to equipment if such equipment would involve violation of copyright, patent, or other laws.
II. Procedures
A. Customers must have an unblocked Library card/account to use the Makerspace.
B. To request access to the Makerspace, a customer must show their Library card to Library staff.
C. The user bears responsibility to use the items properly and to pay for any broken parts. Machines will be checked out to individuals while in use and will be checked back in upon completion.
D. One 1-hour print per month per household is free for KPL cardholders. Texshare cards are not eligible for 3D printing.
E. Individuals using the machines must notify staff when they have finished with the machine. All items must be in the same condition in which they were borrowed. The machines are for in-house use only and must stay in the designated location while in use and checked out.
F. A parent or legal guardian must accept responsibility and reserve the machines for children ages one and older and supervise use at all times. Minors aged 12 and up may reserve machines for individual use and must sign the Makerspace User Agreement and Liability Form along with their parent or legal guardian.
G. Library staff members are happy to assist Makerspace users as time permits. Staff have limited availability to provide this assistance on demand.
H. Makerspace tools and devices that are free to use include the following: Die Cut Machine, Sewing Machine, Cricut and the 3D Printer.
I. Makerspace equipment may not be left unattended while it is in use; Customers must remain with it at all times. This applies to all Makerspace machines except for the 3D Printer.
J. The Library does not guarantee the availability of any equipment in the Makerspace.
K. Work on the equipment should conclude, the area cleaned, and the workstation restored 15 minutes prior to the end of a Makerspace lab time.
L. If the equipment breaks, please alert staff immediately. Customers may be responsible for replacement costs for damage to equipment or the physical space incurred due to Customer negligent usage or intentional misuse.
III. Guidelines
A. Follow all safety guidelines and exercise caution with all Makerspace equipment.
B. The Library is not responsible for any injuries caused by improper use of equipment, damage to a Customer’s files or for any manufacturer’s defects.
C. All work saved on Library computers will be deleted at the end of each session. Customers must save files on an external storage device.
D. Customers are required to bring their own materials for use of the Die Cut, Sewing, and Cricut machines.
E. Be respectful of other Customers, and do not disrupt someone’s work.
F. Customers must read and sign the Library’s Makerspace Liability Waiver before use.
IV. Protection of Customer Intellectual Property
While the Library encourages Customers to use its Makerspace equipment and services for innovation and invention, due to the public nature of its facilities, the Library cannot guarantee the security of Customers’ intellectual property rights such as copyright or trade secrets. Projects may be produced within view of the public, and the Library may photograph and/or record the printing process and publish such photographs and/or recordings in any type of media now in existence or hereafter created, including, without limitation, print, social media, television, and the Internet. Customers using the Library’s Makerspace equipment and services must accept the risk that their intellectual property may be exposed to or copied by others. The Library reserves the right to delete Customers’ design, model, or files submitted to the library or saved on library computers at any time. By utilizing Makerspace equipment, submitting or requesting content or objects to be produced, the Customer agrees to assume all responsibility for, and shall hold the Library harmless in, all matters related to the production of that item, as set forth below.
V. Indemnification and Disclaimer of Liability
A. Indemnification
By using the Library’s Makerspace equipment and/or services, you agree to release from, indemnify, and hold harmless the Library, its officers, employees, board members, agents, and representatives from and against any and all suits, claims, damages, losses, expenses (including reasonable attorney’s fees), settlements, and judgments arising out of or relating to your use of Makerspace 3D equipment and services, including, without limitation, any claims for personal injury and infringement or misappropriation of any copyright, trademark, or patent.
B. Disclaimer of Liability and Warranty
C. By using the Library’s Makerspace equipment and services, you agree to assume the risk of, and acknowledge that the Library disclaims all liability for, any and all injuries (including death) resulting from use of equipment and/or items created using equipment owned by the Library. You also agree that objects produced may contain certain inherent weaknesses and limitations and may not be suitable for all applications, including, without limitation, those for which they are designed and intended. You further agree to assume the risk of, and acknowledge that the Library disclaims all liability for, damages or claims for infringement of intellectual property rights arising from your use of the Library’s Makerspace services.