Terms and Conditions (“Terms”)
Last updated: July 27th 2017.
Welcome to the Makemax Inc. website (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Terms”). Your access to and use of our Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use our services. By accessing the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, then you do not have permission to access the Site.
Please read these Terms of Service carefully before using the http://www.makemaxinc.com website operated by Makemax Inc.
When you create an account on our Site, you represent and warrant that the information you provide us is accurate, complete, and current at all times. We reserve the right to refuse service or terminate accounts in our sole discretion.
By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer or account. You will not share your account, username, or password with any other party or use the account, username, or password of any other party. You will be solely responsible for all activities undertaken and all obligations made by you or through your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
To the extent that the Site allows you to link your account to any social networking or other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information.
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
PURCHASES AND SUBSCRIPTIONS
By placing an order with us or making a subscription for any product or service made available through the Site, you represent and warrant that:
(i) you have the legal right to use the payment method provided,
(ii) you are of legal age and capacity to form a binding contract, and
(iii) all information you provide to us in connection with such order is true, accurate, and complete.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per IP address, per billing information, per postal address, per credit card or per order. If we make a change to or cancel an order, we will attempt to notify you. We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All features, specifications, products, prices, discounts, promotions, and offers described on our Site are subject to change at any time, without notice. We have made every effort to accurately display our products, but images on the Site may not exactly match the actual product. All prices displayed on the Site are in U.S. dollars unless otherwise noted. We will add applicable sales taxes and shipping fees as necessary. The risk of loss and title for products purchased pass to you upon our delivery of the products to the carrier.
Some parts of our Services are billed on a subscription basis. You will be billed in advance on a recurring payment.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (“Makemax Content”), are owned, controlled or licensed by Makemax Inc. The Makemax brand name and logo are registered trademarks of Makemax Inc. The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the these contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Makemax Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Makemax Content or the Site.
Any third-party content, products, or services posted on, transmitted through, or linked from the Site are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES.
LINKS TO OTHER WEBSITES
Our Services may contain links to third-party web sites or services that are not owned or controlled by Makemax Inc. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Makemax Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
CONTENT YOU PROVIDE
Our Site allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Site.
The Site is publicly viewable and you should have no expectation of privacy or confidentiality in any User Content you post. You agree that any User Content you post will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
By submitting User Content to the Site, you grant, and you represent and warrant that you have the right to grant and hereby do grant, Makemax Inc., its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any attribution or compensation to you. If you do not want us to use your User Content, please do not post it to the Site. We maintain the right, but not the obligation, to monitor and edit all User Content posted on the Site.
RIGHT TO CHANGE THE SITE
We reserve the right to modify or suspend the Site, or any service, content, feature or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof.
ACCESS TO AND USE OF THE SITE
You agree to access or use the Site solely for legal purposes as allowed by these Terms. Amongst other things, you agree not to:
Hack into the Site, or modify another website so as to falsely imply that it is associated or affiliated with the Site; damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site; violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or access or attempt to access any password-protected, secure or non-public areas of the Site without our express permission.
DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES
THE SITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE.
Makemax Inc. its subsidiaries, affiliates, and its licensors do not warrant that:
a) the Site will function uninterrupted, secure, or available at any particular time or location.
b) any errors or defects will be corrected.
c) the Service is free of viruses or other harmful components.
d) the results of using the Service will meet your requirements.
You shall defend, indemnify, and hold harmless, Makemax Inc., its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, agents, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to:
(i) your use or misuse of the Site.
(ii) violation of these Terms.
(iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
(iv) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
If you have any questions about these Terms, please contact us. firstname.lastname@example.org