January 31, 2023
OVERVIEW OF TERMS OF SERVICE
This Website (“Website”) is provided and operated by madebyamen® (“madebyamen®,” “we,” “us,” or “our”). madebyamen® offers this Website, including all information, tools, and personalized artworks services (collectively, our “Services”) to you, the user, conditioned upon your acceptance of the provisions in this website usage Terms of Service (“Terms of Service”).
By visiting this Website or using our Services, you agree to be bound by these Terms of Service, including any referenced policies and agreements. If you do not agree to these Terms of Services, you may not use our Services. These Terms of Service apply to all users of the Website, including Website visitors, browsers, and purchasers. Any new features or tools added to the current Website shall also be subject to these Terms of Service.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is your responsibility to check this page for changes periodically. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes. The Website is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our Services to you.
SECTION 1 | ACCOUNT AND REGISTRATION
You may access the Website and use our Services without opening a user account. However, to enjoy certain advantages, such as saving your payment information, you may need to open a user account and submit the required personal information. You are responsible for keeping your account login details confidential and any activities that occur under it. We reserve the right to refuse your request to open an account or provide you with our Services at our discretion. By submitting registration information, payment information, and shipping information to us, you warrant that they are accurate and complete and that you will update any necessary information as and when due.
SECTION 2 | WEBSITE CONTENT AND INTELLECTUAL PROPERTY
The content available through the Website, including, without limitation, the texts, photographs, drawings, portraits, sounds, samples, videos, Website design, source codes, digital downloads, software, emails, and logos (collectively, “Website Content”), are licensed to madebyamen® and are subject to copyright, trademark, and other intellectual property rights under Canada’s intellectual property law and other locations. You acknowledge that madebyamen® will continue to own the right to the Website Content and other intellectual properties licensed to us.
You may not use our trademark and trade dress, including as part of domain names, in conjunction with any service or product, in any manner that may cause confusion. You may not copy, imitate, or use our trademark or trade dress, in whole or part, without first getting written permission from us.
The Website Content is provided to you on “as is” basis for informational and personal use purposes. We do not permit you to copy, use, reproduce, distribute, transmit, advertise, sell, license, aggregate, or exploit the Website Content for any other purposes not described by madebyamen® without our written approval.
SECTION 3 | LICENSE GRANT
Subject to your compliance with these Terms of Service, madebyamen® grants you a limited, non-transferable, non-exclusive, and non-sublicensable license to use this Website and the Website Content solely for your personal and non-commercial use. The license granted hereunder is limited. You may not:
- Order from us with a view to reselling our Website content or any artworks ordered through it.
- Copy or download our product descriptions, images, pricing, or listings.
- Engage in any derivative use of the Website Content and our Services.
- Gather or extract data from the Website with any robots or data gathering or extraction tools.
- Attempt to delete or remove any proprietary or intellectual property notice from the Website.
SECTION 4 | PROHIBITED USES
In addition to other prohibitions, as outlined in these Terms of Service, you are prohibited from using the Website or any Website Content:
for any unlawful purposes or acts;
to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and our Services, other websites, or the Internet;
to spam, phish, pharm, pretext, introduce spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Website or our Services, other websites, or the Internet.
We reserve the right to terminate your use of the Website and our Services for violating any of the prohibited uses without liability to you.
SECTION 5 | ELECTRONIC COMMUNICATIONS
SECTION 7 | USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use, in any medium, any Comments that you forward to us.
We are and shall be under no obligation to (i) maintain any Comments in confidence; (ii) pay compensation for any Comments; or (iii) respond to any Comments. We may, but have no obligation to, monitor, edit, or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain libellous 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 Services or the Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you.
SECTION 8 | ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on the Website or our Services that contains typographical errors, inaccuracies, or omissions that may relate to artwork descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website or our Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or our Services has been modified or updated.
SECTION 9 | THIRD-PARTY LINKS
The Website may contain links from our business partners, which may contain information about their services, websites, and products. By accessing such third-party links and/or providing personal information, you are doing so at your sole risk. Third parties have their separate policies and Terms of Service that governs any content they post on the Website. We advise you to read the terms of Service and policies of third parties before using their content. We will not be liable for any loss of privacy or property, as well as any claims, demands, damages, and disputes as a result of your access to third-party links through the Website.
SECTION 10 | PURCHASING THROUGH THE WEBSITE
To place an order on the Website, you are required to provide certain information, including providing the picture and order specifications, payment information, and shipping address. Upon the completion of this information, we will confirm your order by sending you an email notification. Such notification does not constitute our acceptance of your order. Your order will be deemed to have been accepted when you receive another approval notification. By placing an order through the Website, you agree to these Terms of Service and any additional order terms and conditions.
SECTION 11 | ORDER PRICING AND PAYMENTS
The artworks on the Website are listed in their specific prices. The prices are listed in USD and are exclusive of the relevant shipping fees, taxes, customs and import duties, VAT, bank charges, and other charges. The shipping fees and any applicable fees will be added to your order price upon checkout.
Payments for your order shall be made via any of the payment methods available to you upon order checkout. Payments will not be deducted until you place the order. By placing an order through the Website, you agree to the price as stated in your order and the collection of your payment method information.
SECTION 12 | ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your location and that you have the capacity to form an agreement. You may not use any of our Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature on the Website. A breach or violation of any of these Terms of Service will result in an immediate termination of your use of the Website.
SECTION 13 | MARKETING
When you order from us, we may use your artwork on this Website, social media pages, and other channels operated by madebyamen® and subsidiaries and parent companies of madebyamen® as samples, portfolios, and generally for marketing purposes. If you object to using your order for marketing, you may include this as a note in your order. If you do not leave a note, it constitutes your consent to use your order for our marketing purposes and display it in any media form available to us.
SECTION 14 | ORDER DELIVERY, TITLE, AND RISK OF LOSS
When you order our Services, including tangible and digital artworks, we will deliver them to the shipping address or email address (where applicable) provided by you during order checkout. Upon the confirmation of order delivery, the title and risk of loss of such an order will automatically be passed to you. Any damages or losses you encounter after a successful delivery shall be your sole liability. We will communicate via your email address all notifications relating to your order, including the confirmation, cost, delays, and delivery. You are advised to give a valid email address when you place your order. We will not be liable for any notification missed as a result of the invalid email address you provided during order placement. For more about the shipping and delivery of your order, including the shipping cost and estimated delivery dates, please see our Shipping and Refunds Policy.
SECTION 15 | RETURNS, REFUNDS, AND REPLACEMENTS
Due to the personalized nature of our Services, we do not outrightly give refunds. We handle refunds on orders on a case-by-case basis, and we try our best to provide a satisfactory solution. Also, we do not accept returns or replacements unless the item is damaged or lost in transit. Please see our Shipping and Delivery Policy if you want to learn more about returns, refunds, and replacement, including how to return a damaged item.
SECTION 16 | PRODUCTS AND SERVICES
We reserve the right to limit the quantities of any artwork item or Services we offer. All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on this Website is void where prohibited.
SECTION 17 | TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or madebyamen®. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services (by closing your account), or when you cease using the Website. If in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate your use of our Services or the Website at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 18 | DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
MADEBYAMEN® PROVIDES THE WEBSITE, WEBSITE CONTENT, AND OUR SERVICES ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES TO YOU. WE DO NOT WARRANT, GUARANTEE, OR REPRESENT THAT THE WEBSITE OR OUR SERVICES WILL BE, AT ALL TIMES, AVAILABLE OR THAT THE WEBSITE CONTENT WILL NOT CONTAIN ERRORS OR OMISSIONS. WE DO NOT WARRANT TO YOU THAT WHEN YOU USE OUR SERVICES, THE RESULTS WILL BE TO YOUR EXPECTATION. WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED.
YOU HEREBY AGREE THAT YOUR USE OF THE WEBSITE, WEBSITE CONTENT, AND OUR SERVICES IS AT YOUR SOLE RISK. WE DO NOT MAKE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AVAILABILITY, FITNESS FOR A PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES SHALL MADEBYAMEN®, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, REVENUE, SAVINGS, OR DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE OR ANY ITEMS ORDERED USING THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY WEBSITE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES OR ANY WEBSITE CONTENT – EVEN IF MADEBYAMEN® MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THIS APPLIES TO YOU, THEN OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 19 | INDEMNIFICATION
You agree to indemnify, defend, and hold harmless madebyamen® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from and against any claims, disputes, losses, expenses, or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, your submissions, or your violation of any law or the rights of a third-party.
SECTION 20 | SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 | ENTIRE AGREEMENT AND WAIVER
SECTION 22 | GOVERNING LAW
SECTION 23 | CONTACT INFORMATION
If you have any questions, complaints, queries, suggestions, feedback, or ideas about these Terms of Service, you may reach out to us via the company contact information here: firstname.lastname@example.org
294 CHABANEL ST. W., #201
MONTREAL, QC H2N 1G5