PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY USINMADE, LLC, ITS SUBSIDIARIES, OR ITS AFFILIATES (COLLECTIVELY, “USINMADE,” “WE,” OR “US”). BY ACCESSING OR USING THE WEBSITE (AS DEFINED BELOW) OR THE SERVICES (AS DEFINED BELOW) IN ANY MANNER, YOU AS AN INDIVIDUAL OR AS A SINGLE USER ON BEHALF OF THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU” OR “YOUR” AS APPLICABLE) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY, AND A PARTY TO, THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE (“AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU WILL HAVE NO RIGHT TO USE THE SERVICES. USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR CONSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.
These Terms & Conditions (“Terms”) govern your access to and use of the services and USINMADE, LLC’s websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
BASIC TERMS
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with USINMADE and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that USINMADE provides are always evolving and the form and nature of the Services that USINMADE provides may change from time to time without prior notice to you. In addition, USINMADE may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. USINMADE also retains the right to create limits on use and storage at it’s sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by USINMADE on the Services are subject to change. In consideration for USINMADE granting you access to and use of the Services, you agree that USINMADE and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
PRIVACY
Any information that you provide to USINMADE is subject to its Privacy & Cookie Policy, which governs the collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by USINMADE. As part of providing you the Services, USINMADE may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your USINMADE account, which you may not be able to opt-out from receiving.
PAYMENTS
All payments and transactions are processed by our third party website partners at this time. Payment can be made by any card accepted by the retailer that delivers the product. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery.
PASSWORDS
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. USINMADE encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. USINMADE cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
COOKIES
A cookie is a small text file that is stored on a user’s computer for tracking and record-keeping purposes. We use both session ID cookies and persistent cookies, to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies via your browser’s ‘clear cookie’ function. Please see allaboutcookies.org for more information about blocking cookies on your particular web browser. Unless you have adjusted your browser setting so that it will refuse cookies, we will drop cookies as soon as you visit our site. Persistent cookies enable us to track and target your interests to enhance your experience on our website. For example, we use this data to understand how you interact with our website so we can make improvements to the information and design of our website. By agreeing to the terms of this privacy policy, you consent to the cookies referenced above being dropped onto your machine.
CONTENT ON THE SERVICES
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. USINMADE may not monitor or control the Content posted via the Services and, it cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. USINMADE does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will USINMADE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
USINMADE is in no way responsible for, or has control of, the content of any external website links. Information on this site may contain errors or inaccuracies; the site’s proprietors do not make warranty as to the correctness or reliability of the site’s content.
YOUR RIGHTS
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant USINMADE a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for USINMADE to make such Content available to other companies, organizations or individuals who partner with USINMADE for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by USINMADE, or other companies, organizations or individuals who partner with USINMADE, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
USINMADE may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and USINMADE’s third party partners. You understand that your Content may be rebroadcasted by USINMADE’s partners and if you do not have the right to submit Content for such use, it may subject you to liability. USINMADE will not be responsible or liable for any use of your Content by USINMADE in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
USINMADE gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by USINMADE as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by USINMADE, in the manner permitted by these Terms.
USINMADE RIGHTS
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of USINMADE and its licensors. The Services are protected by copyright, trademark, and other laws of the United Kingdom, the United States and foreign countries. Nothing in the Terms gives you a right to use the USINMADE name or any of the USINMADE trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding USINMADE, or the Services is entirely voluntary and USINMADE will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
RESTRICTIONS ON CONTENT AND USE OF THE SERVICES
USINMADE reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. USINMADE also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of USINMADE, its users and the public.
Except as permitted through the Services (or these Terms), you have to use the USINMADE API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, USINMADE’s computer systems, or the technical delivery systems of USINMADE’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by USINMADE (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with USINMADE (NOTE: crawling or scraping the Services without the prior consent of USINMADE is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
COPYRIGHT POLICY
USINMADE respects the intellectual property rights of others and expects users of the Services to do the same. USINMADE will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to it. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide USINMADE with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 USINMADE to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
The images used on the site and blog are found from different sources all over the Internet, and are assumed to be in public domain and are displayed under the fair use principal. If you own rights to any of the images, and do not wish to have them appear, please contact us and they will be promptly removed.
USINMADE reserves the right to remove Content alleged to be infringing without prior notice and at its sole discretion. In appropriate circumstances, USINMADE will also terminate a user’s account if the user is determined to be a repeat infringer.
THE SERVICES ARE AVAILABLE “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, USINMADE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USINMADE makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. USINMADE will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that USINMADE has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. USINMADE makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from USINMADE or through the Services, will create any warranty not expressly made herein.
LINKS
The Services may contain links to third-party websites or resources. You acknowledge and agree that USINMADE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by USINMADE of such websites or resources or the content, products, or services available from such websites or resources. USINMADE makes no guarantee of accuracy regarding product data displayed on it’s web and mobile platforms or its emails. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USINMADE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT USINMADE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
WAIVER AND SEVERABILITY
The failure of USINMADE to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
CONTROLLING LAW AND JURISDICTION
These Terms and any action related thereto will be governed by the laws of California and the United States of America without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the USA and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
ENTIRE AGREEMENT
These Terms and USINMADE’s Privacy & Cookie Policy are the entire and exclusive agreement between USINMADE and you regarding the Services (excluding any services for which you have a separate agreement with USINMADE that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between USINMADE and you regarding the Services. Other than members of the group of companies of which USINMADE is the parent, no other person or company will be third party beneficiaries to the Terms.
USINMADE may revise these Terms from time to time, the most current version will always be at USINMADE.com/terms. If the revision, in USINMADE’s sole discretion, is material USINMADE will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by USINMADE, LLC. If you have any questions about these Terms, please contact us at info@usinmade.com.
Effective: May 28th, 2014