By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.
1. MADEHERE is a Venue
Madehere acts as a venue to allow users, who comply with madehere policies to find, offer, sell and/or buy certain local goods. Madehere is not directly involved in the transaction between buyers and sellers. As a result, madehere has no control over the quality, safety, morality or legality of any aspect of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Madehere does not pre-screen users or the content or information provided by users. Madehere cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, madehere does not transfer legal ownership of items from the seller to the buyer.
Madehere cannot guarantee the true identity, age, and nationality of a user. Madehere encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that madehere is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on madehere. You use the madehere service at your own risk.
2. Membership Eligibility
Age: Madehere services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Madehere may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use madehere services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by madehere policies as stated in the Agreement and the madehere policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by madehere, each of which is incorporated herein by reference and each of which may be updated by madehere from time to time without notice to you:
-Copyright and Intellectual Policy
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by madehere from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify madehere of any unauthorized use of your password or any breach of security. You also agree that madehere cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than madehere without madehere express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on madehere you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your madehere account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Madehere services are not available to temporarily or indefinitely suspended madehere members. Madehere reserves the right, in madehere sole discretion, to cancel unconfirmed or inactive accounts. Madehere reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on madehere is free. Madehere does not charge fees or commission to sell on madehere or to redirect traffic. In the event madehere introduces a new service, the fees for that service are effective at the launch of the service. The service would be optional without any obligation for madehere users. Unless otherwise stated, all fees are quoted in US Dollars (USD).
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with madehere published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your madehere shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their madehere shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with madehere site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Madehere reserves the right to request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding madehere transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to madehere and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on madehere.
Restricted Activities: Your Content and your use of madehere shall not:
1.Be false, inaccurate or misleading
2.Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3.Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4.Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5.Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including madehere staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
6.Be obscene or contain child pornography
7.Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
8.Host images not part of a listing
9.Modify, adapt or hack madehere or modify another website so as to falsely imply that it is associated with madehere;
10.Appear to create liability for madehere or cause madehere to lose (in whole or in part) the services of madehere ISPs or other suppliers
Re-Posting Content: By posting Content on madehere, it is possible for an outside website or a third party to re-post that Content. You agree to hold madehere harmless for any dispute concerning this use. If you choose to display your own madehere-hosted image on another website, the image must provide a link back to its listing page on madehere.
Idea Submissions: Madehere considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and madehere shall not be liable for the disclosure or use of such Material. If, at madehere's request, any member sends Material to improve the site (for example through the Forums or to customer support), madehere will also consider that Material to be non-confidential and non-proprietary and madehere will not be liable for use or disclosure of the Material. Any communication by you to madehere is subject to this Agreement. You hereby grant and agree to grant madehere, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Madehere does not control the Content provided by users that is made available on madehere. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using madehere, you agree to accept such risks and that madehere (and madehere's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on madehere. Please use caution, common sense, and practice safe buying and selling when using madehere.
Other Resources: Madehere is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Madehere does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that madehere 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with madehere's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Madehere is not involved with user generated groups, the groups' requirements, or the Meetings.
Madehere does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that madehere does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on madehere may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. MADEHERE IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO MADEHERE; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY MADEHERE, AND MADEHERE HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT MADEHERE IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, MADEHERE USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and madehere, please contact madehere at email@example.com
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Montreal City, Montreal, using the English language in accordance with the « Code civil du Québec » and with the « Code de procédure civile », « la Loi sur l'arbitrage commercial », and « la Loi sur la Convention des Nations Unies concernant les sentences arbitrales étrangères”.
Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and madehere agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release madehere (and madehere's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Madehere encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
10. Madehere's Intellectual Property
MADEHERE, and other madehere graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of madehere Inc. in the U.S. and/or other countries. Madehere's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
1.Take any action that imposes, or may impose, in madehere's sole discretion, an unreasonable or disproportionately large load on madehere's infrastructure
3.Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4.Bypass madehere's robot exclusion headers or other measures madehere may use to prevent or restrict access to madehere
Without limiting any other remedies, madehere may, without notice, and without refunding any fees, delay or immediately remove Content, warn madehere’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
14. No Warranty
MADEHERE, MADEHERE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MADEHERE'S SUPPLIERS PROVIDE MADEHERE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MADEHERE, MADEHERE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MADEHERE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MADEHERE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL MADEHERE, AND (AS APPLICABLE) MADEHERE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MADEHERE'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MADEHERE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
MADEHERE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MADEHERE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MADEHERE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
YOU AGREE TO INDEMNIFY AND HOLD MADEHERE AND (AS APPLICABLE) MADEHERE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
Madehere does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside madehere control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any madehere service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on madehere net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and madehere are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Madehere Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of Quebec.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (madehere Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Effective Date: Septembre 20, 2010