Effective Date: October 10, 2020

 

  1. OVERVIEW OF TERMS OF SERVICE

This website (“Website”) is provided and operated by Madebyamen Incorporation (“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 the online e-commerce platform that allows us to sell our Services to you.

 

  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.

 

  1. 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, and 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.

 

  1. 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: (i) order from us with a view to reselling our Website Content or any artworks ordered through it; (ii) copy or download our product descriptions, images, pricing, or listings; (iii) engage in any derivative use of the Website Content and our Services; (iv) gather or extract data from the Website with any robots or data gathering or extraction tools; or (v) attempt to delete or remove any proprietary or intellectual property notice from the Website.

 

  1. PROHIBITED USES

In addition to other prohibitions as set forth 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.

 

  1. ELECTRONIC COMMUNICATIONS

By using our Services and communicating with us via the Website, email, and/or phone, in relation to your purchases, you are communicating with us electronically. You agree that we may communicate with you via the Website, emails, newsletters, and texts. You hereby agree to any electronic communication we furnish you, including through these Terms of Service, Privacy Policy, Shipping and Refunds Policy, notices, and disclosures shall satisfy any legal requirement that such communication be in writing.

 

  1. PRIVACY POLICY

In using the Website and purchasing our artworks, we may require you to submit certain personal information, including your name, contact information, artwork information, picture, shipping address, and payment method information. This information is collected to help us access your request, provide the Services based on your request, process your payments, ship and deliver your order, and communicate with you in between. To learn more about how we use the personal information we collect from you, including how we share, disclose, and secure it, as well as your choices and rights, please read our Privacy Policy.

 

  1. 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 e-mail 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.

 

  1. 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.

 

  • 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.

 

  • 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.

 

  • 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.

 

  • 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.

 

  • 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 of Madebyamen as samples, portfolio, 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.

 

  • 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 provide 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.

 

  • RETURNS, REFUNDS, AND REPLACEMENTS

Due to the personalized nature of our Services, we do not outrightly give refunds on tangible artwork orders. We handle refunds on tangible artwork 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 on tangible orders unless the item is damaged or lost in transit. Likewise, due to the downloadable and personalized nature of digital/downloadable orders, we do not, in any way, offer replacements or refunds. You may only demand for up to 5 revisions on digital orders within 30 days after order shipment. If you wish to learn more about returns, refunds, and replacement, including how to return a damaged item, please see our Shipping and Delivery Policy.

 

  • 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. 

 

  • 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.

 

  • 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.

 

  • 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.

 

  • 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.

 

  • ENTIRE AGREEMENT AND WAIVER

These Terms of Service (and the privacy policy, order terms, and shipping and refund policy) constitute the entire agreement and understanding between you and Madebyamen in relation to the Website and your purchase of our Services. These agreements supersede any prior or contemporaneous agreements and understanding, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms of Service shall not be construed against Madebyamen. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision at a later date or on subsequent/similar violations. 

 

  • GOVERNING LAW

These Terms of Service (and the privacy policy, shipping and refunds policy, and other additional agreements provided by us) shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada.

 

  • CONTACT INFORMATION

If you have any question, complaints, queries, suggestions, feedback, and ideas about these Terms of Service, you may reach out to us via the company contact information below:

 

Madebyamen Incorporation.

294 CHABANEL ST. W., #201

MONTREAL, QC

H2N 1G5 CANADA

 

https://www.madebyamen.com

me@madebyamen.com

+1 855-801-2636