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Terms of Use

updated 11/22/17

 

Welcome to M4D3custom.com!

This Terms of Use Agreement (“Agreement”) is a legally binding contract between you (“You” or “Your”) and MC Concepts, LLC dba M4D3custom.com (“M4D3”). This Agreement specifies the terms and conditions for access to and use of M4D3custom.com (collectively, including all content and functionality, the "Site") and describes the terms and conditions applicable to Your access of and use of the Site. By using this Site, and in consideration of M4D3 providing its services of the Site to You, You agree to comply with and be bound by this Agreement, and the Site’s Privacy Policy, found at  M4D3custom.com/privacypolicy and incorporated herein by reference, whether You have not registered with the Site (“Visitors”) or You are a registered with the Site (“Members”) (Visitors and Members shall be collectively referred to herein as “Users”). Please review these terms and conditions and the Privacy Policy carefully.

 

YOU UNDERSTAND THAT BY USING THIS SITE, SERVICES (INCLUDING CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR ITS SERVICES.  If You agree to this Agreement on behalf of a business, You represent and warrant that You have the authority to bind that business to this Agreement and Your Agreement to these terms will be treated as the agreement of the business. In that event, “You” and “Your” will refer and apply to both that business and You.  

     1. Agreement. This Agreement applies to all use of the Site, including Users who are also contributors of content, information and other materials or services. M4D3 reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site or modify this Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at 
www.M4D3custom.com/Terms.Posting on the Site a change notice or a new agreement is considered sufficient notice to You of the modifications. However, You agree to be bound by any superseding terms of use agreements, even if You have not received notice of such a change. Each use by You shall constitute and be deemed Your unconditional acceptance of this Agreement. If modifications of the Agreement are not acceptable to You, Your only recourse is to terminate this agreement and immediately refrain from using any and all services or goods provided by the Site. Your continued use of the Site constitutes ratification of Your acceptance of any new terms or conditions.

 

2. Right to Access. M4D3 reserves the right to prevent and/or prohibit access to the Site by anyone for any reason, consistent with applicable law, including Your failure to follow the policies itemized herein, as a result of which M4D3 in its sole discretion may take appropriate action, including, but not limited to banning a User from accessing the Site. To assist in enforcing M4D3’s rights and responsibilities, You agree to allow M4D3 to uniquely identify any computer You use to access the Site as the source of recordings made on the Site. You acknowledge that use of the Site is a privilege granted under this Agreement and that Your rights to free speech will not be considered abridged in the event that You are denied access to the Site.

3. M4D3 Accounts. In order to access certain features of the Site, You will have to create a M4D3 account and become a Member. To become a Member You must be at least eighteen (18) years of age and able to form legally binding agreements, and by establishing an account, you are representing and warranting the foregoing. When You register, You will be asked to choose a username and a password. You agree that You are responsible for safeguarding Your password and You agree not to disclose Your password to any third party. You agree that You are solely responsible for any activities or actions that occur on Your account, whether or not You have authorized such activities or actions. You must notify M4D3 immediately of any breach of security or unauthorized use of Your account. Although M4D3 will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of M4D3 or others due to such unauthorized use.

 

You agree that the information that You provide to M4D3 upon registration, and at all other times will be true, accurate, current and complete. You may terminate Your M4D3 account at any time and for any reason by selecting “Close Account” in Your account preferences.

 

4. Intellectual Property Rights and Ownership.Definitions: “Content” as used in this Agreement means, collectively, the text, images, illustrations, icons, headers, date, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like made available through the Site, excluding User Content.  “User Content” as used in this Agreement means, collectively, the text, data, remarks, suggestions, ideas, graphics, images, photos and files and other content and information which Users upload, post and otherwise submit or provide to the Site, including without limitation pictures, pictures of individuals and written or artistic material. User Content may include incorporation and modification of existing copyrighted materials published or posted to the Site, including but not limited to images or photographs or writings (collectively, “User Submissions”). User Content and User Submissions shall collectively be referred to herein as “User Content and Submissions”.

Content: “M4D3” is a trademark of M4D3custom.com. All Content on the Site, including without limitation the trademarks, service marks and logos contained therein are owned by or licensed to M4D3, subject to copyright and other intellectual property rights or licenses held by M4D3 under the law.  All Content is copyrighted as a collective work under the U.S. and international copyright laws and M4D3 owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content on this Site.

Content on the Site is provided to You AS IS for Your information and personal use only and may not be downloaded, copied, reproduced, republished, distributed, assigned, sublicensed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to copy materials on the Site, reverse engineer or break into the Site, alter or modify any part of the Site, access content through any technology or means other than the explicitly authorized means M4D3 may designate, or use materials, products or services in violation of any law. The use of this Site is at the discretion of M4D3 and M4D3 may terminate Your use of this Site at any time. Under no circumstances will You acquire any ownership rights or other interest in any content by or through Your use of this site.

 

You are granted a limited, non-sublicensable license to access and use this Site and Content for personal, informational, and shopping purposes only.  Such license does not include: (a) any resale or commercial use of this Site or products, including custom shoes, created by using this Site; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Content; (d) modifying or otherwise making any derivative uses of this Site or Conent, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Site, Content, or any information contained therein, except as expressly permitted on this Site; or (g) any use of this Site or Content other than for its intended purpose. Any use of this Site or Content other than as specifically authorized herein, without the prior written permission of M4D3, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

 

User Content and Submissions: With respect to all User Content and Submissions that you seek to upload, post, use, or make available to M4D3, you represent and warrant that: (i) the material is either fully original to You or that You have all necessary rights, licenses and permissions needed to post the material at the Site (including but not limited to all copyright and right of publicity/privacy rights); (ii) Your User Content and Submissions will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality; and (iii) Your Content and Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Pinterest and Google's Terms of Use.

You acknowledge and agree that M4D3 has no control over, and does not endorse, any User Content and Submissions and expressly disclaims any and all liability in connection with any User Content and Submissions. However, in connection with User Content and Submissions posted at this Site, in addition to all other rights it has under this Agreement, at law or in equity, M4D3 reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content and Submissions; (ii) refuse to process without notice any orders for products or services; and (iii) revoke any User's right to use this Site.  M4D3 is under no obligation to use, exhibit, perform, distribute, post, or otherwise exploit your User Content and Submissions; without limitation of the foregoing, M4D3 may edit, alter, post, decline to post, remove, discard or delete your User Content at anytime with no further notice.

Any User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of M4D3, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (ii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Site; (iv) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to use the material and have it used as contemplated by this Site; and (vii) be only for non-commercial purposes.

M4D3 has, without restriction or compensation to the User submitting or broadcasting the User Content, the right to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content and Submissions in connection with the Site and M4D3’s business and its successors’ and affiliates’ business, including without limitation advertising the Site or User Content on other websites using Your name, image and/or likeness and User Content, and promoting and redistributing part or all of the Site in any media formats and through any media channels.

You retain all of your ownership rights in Your User Content and Submissions.  However, by uploading, submitting, posting, publishing or otherwise transmitting any User Content and Submissions to the Site, You hereby grant M4D3 a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Content and Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites.

 

Limitations: You acknowledge and agree that M4D3 may, at its option, establish limits concerning User Content and Submissions, including without limitation the maximum number of days that User Content and Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to You for the storage of User Content and Submissions on M4D3’s servers. M4D3 will have no responsibility or liability for and You are solely responsible for creating back-ups of Your User Content and Submissions.

 

Disclaimer: You understand that when using the Site, You will be exposed to User Content and Submissions from a variety of sources, and that M4D3 is not responsible for the accuracy, usefulness or safety of or relating to such User Content and Submissions. You further understand and acknowledge that You may be exposed to User Content and Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against M4D3 with respect thereto, and agree to indemnify and hold M4D3, its owners/operators, affiliates, employees, directors, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.

 

M4D3 does not endorse any User Content and Submissions or any opinion, recommendation, or advice expressed therein, and M4D3 expressly disclaims any and all liability in connection with User Content and Submissions. M4D3 does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and M4D3 will remove all User Content and Submissions if properly notified that such User Content and Submissions infringes on another's intellectual property rights. M4D3 reserves the right to remove User Content and Submissions without prior notice.

 

5. Site Use and User Obligations.  The Site may be used and accessed for lawful purposes only.  You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with Your use of the Site. In addition, without limitation, You agree You do not have the right to and will not do any of the following while using or accessing the Site:

a)      Use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, download, or otherwise exploit any Content, another’s User Content and Submissions (collectively “Site Content”) in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement;

 

b)      Upload, email or otherwise transmit (i) any Site Content to which You do not have the lawful right to copy, transmit and display (including any User Content and User  Submission that would violate any confidentiality or fiduciary obligations that You might have with respect to the User Content and/or User Submission); (ii) any Site Content for which You do not have the consent or permission of each identifiable person in the Site Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Site Content) and such consent or permission is necessary; or (iii) any files and content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

 

c)      Upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitations;

 

d)     Use any meta tags or other hidden text or metadata utilizing a M4D3 name, trademark, URL or product name, including without limitation “M4D3”;

 

e)      Circumvent, disable or otherwise interfere with security-related features of the Site or third party intellectual property, or features that prevent or restrict use or copying of any Site Content or third party content, or enforce limitations on the use of the Site or the Site Content herein;

 

f)       Upload, email, transmit, publish, post, stream or broadcast unlawful, false, misleading, libelous, obscene, threatening, hateful, harassing or defamatory statements about any organization or person, or publish, post, stream or broadcast any User Content and Submissions that contain objects or symbols of hate, invade the privacy/publicity rights of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), or that contain objects or symbols that are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or that constitute hate speech;

 

g)      Upload, email, transmit, publish, post, stream or broadcast content that includes or describes graphic violence;

h)      Upload, post, stream, email, broadcast or otherwise transmit any User Content and Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;

 

i)        Upload, post, stream, email, broadcast or otherwise transmit any User Content and Submissions that include code that is hidden or otherwise surreptitiously contained within the images, text, audio or video of any User Content and Submissions that are unrelated to the immediate, aesthetic nature of the User Content and Submissions;

 

j)        Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of M4D3’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

 

k)       Attempt to probe, scan or test the vulnerability of any M4D3 system or network or breach or impair or circumvent any security or authentication measures protecting the Site;

 

l)        Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;

 

m)     Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by M4D3 or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;

 

n)      Collect or store personal data about other Users without their express permission;

 

o)      Impersonate or misrepresent Your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;

 

p)      Use the Site in any manner not permitted by this Agreement; or,

 

q)      Encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.

You agree not to use the Site or any Content for any commercial use, without the prior written authorization of M4D3. Prohibited commercial uses include any of the following actions taken without M4D3’s express approval:

a)      Sale of access to the Site or its related services on another website;

 

b)      Sale of products bearing User Content and Submissions that infringe the intellectual property rights of another or violates the rights of privacy/publicity of another;

 

c)      The sale of advertising, on the Site or any third-party website, targeted to the content of specific User Content and Submissions; and,

 

d)     Any use of the Site or its related services that M4D3 finds, in its sole discretion, to use M4D3’s resources or User Content with the effect of competing with or displacing the market for M4D3 service, products, or Site Content.

M4D3 has the sole discretion to determine if any content published using the Site violated these content restrictions.

 

6. User Interactions. You understand that M4D3 does not guarantee any confidentiality with respect to any User Content and Submissions, whether or not such User Content and Submission  is published or broadcasted. You shall be solely responsible for Your own User Content and Submissions and the consequences of uploading, transmitting, posting, publishing, streaming or broadcasting them. You are solely responsible for Your interactions (including any disputes) with other Users, organizations, events, and/or individuals found on or through the Site. You understand that M4D3 does not in any way screen Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information to other Users. You agree to take reasonable precautions in all interactions with other Users, particularly if You decide to meet a User offline, or in person. Your use of the Site, and Site Content and any other information or other materials made available through the Site is at Your sole risk and discretion and M4D3 hereby disclaims any and all liability to You or any third party relating thereto. M4D3 reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Agreement. You will cooperate fully with M4D3 to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized M4D3 representatives access to any password-protected portions of Your M4D3 account.

7. Indemnification. You agree to indemnify, defend and hold M4D3 and its officers, directors, partners, employees, and affiliates, harmless from and against any liabilities, losses, claims, damages and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way related to (a) Your access to or use of the Site, and/or Site Content; (b) Your violation of this Agreement; (c) Your violation of any third party right, including without limitation any intellectual property right, publicity, privacy, confidentiality, or property right; and/or (d) any claim that one of Your User Content and Submissions caused damage to a third party, including without limitation claims that Your User Content and Submissions are infringing or emotional distress. 

     8. Disclaimer. THE INFORMATION ON THIS SITE, THE SITE CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS SITE AND SITE CONTENT IS AT YOUR SOLE RISK. M4D3 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE AND NON-INFRINGEMENT. M4D3 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. M4D3 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND M4D3 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

     9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL M4D3, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, PUBLISHED, EMAILED, STREAMED, BROADCASTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION OR BE CURTAILED TO THE ALLOWED LIMITATIONS IN YOUR JURISDICTION.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

10. Use of Information. You will not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of M4D3. Any purported assignment or delegation by You without the appropriate prior written consent of M4D3 will be null and void. M4D3 reserves the right, and You authorize M4D3, to use and assign all information regarding Site uses by You and all information provided by You in any manner consistent with our Privacy Policy.

11. Relationship of the Parties. For purposes of this Agreement, including if You become a Member and create an account, You are not an employee or agent of M4D3, and You will not represent that You are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under this Agreement, including without limitation any expenses associated with the implementation of this Agreement.

 

12. Notification of Copyright Infringement. M4D3 respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, M4D3 will respond expeditiously to claims of copyright infringement committed using M4D3’s service that are reported to M4D3. If You believe Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Designated Copyright Agent:

a)      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

 

b)      A description of the copyrighted work that You claim has been infringed;

 

c)      A description of where the material that You claim is infringing is located on the Site;

 

d)     Your address, telephone number, and e-mail address;

 

e)      A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,

 

f)       A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

 

M4D3’s Designated Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

copyright@M4D3custom.com

13. Counter Notices: One who has posted material that allegedly infringes a copyright may send M4D3 a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When M4D3 receives a counter notice, we may in our discretion reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please provide the following information to M4D3’s Designated Copyright Agent. Please note that if You provide a counter notice, in accordance with the M4D3’s Privacy Policy and the terms of the DMCA, the counter notice will be given to the complaining party.

a)      Identification of the material that has been removed or to which access has been disabled on M4D3’s service and the location at which the material appeared before it was removed or access to it was disabled.

 

b)      A statement by You, made under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

 

c)      Your name, address, telephone number and, if available, email address.

 

d)     The following statement “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which M4D3 may be found, and I will accept service of process from the complaining party who notified M4D3 of the alleged infringement or an agent of such person.

 

e)      A statement by You, made under penalty of perjury, that the above information in Your counter notice is accurate.

 

f)       Your physical or electronic signature.

 

The Counter Notice should be delivered to M4D3’s Designated Copyright Agent, as indicated above.

14. Notification of Trademark Infringement.  M4D3 will also respond expeditiously to claims of trademark infringement committed using M4D3’s service that are reported to M4D3. If You believe Your work has been copied in a way that constitutes trademark infringement, please provide a notice containing all of the following information to our Designated Trademark Agent:

a)      An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest;

 

b)      A description of the mark that You claim has been infringed;

 

c)      A description of where the material that You claim is infringing is located on the Site;

 

d)     Your address, telephone number, and e-mail address;

 

e)      A statement by You that You have a good faith belief that the disputed use is not authorized by the trademark owner, its agent, or the law (e.g. fair use, First Amendment, not likely to create consumer confusion, etc.); and,

 

f)       A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the trademark owner or authorized to act on the trademark owner's behalf.

 

M4D3’s Designated Trademark Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

trademark@M4D3custom.com

15. Counter Notices: Upon receipt of a notice in compliance with Paragraph 15 above, M4D3 will remove the identified material from the Site and notify the person(s) who posted the allegedly infringing material (the “Poster”).  Within 14 days of such notice, the Poster may send M4D3 a counter notice. When M4D3 receives a counter notice, M4D3 will promptly provide a copy of the counter notice to the trademark claimant.  We may in our discretion reinstate the material in question in not less than 10 nor more than 14 days after we provide the counter notice to the trademark claimant unless we first receive notice from the trademark claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please provide the following information to M4D3’s Designated Trademark Agent. Please note that if You provide a counter notice, in accordance with the M4D3’s Privacy Policy and the terms of the DMCA, the counter notice will be given to the complaining party.

a)      Identification of the material that has been removed or to which access has been disabled on M4D3’s service and the location at which the material appeared before it was removed or access to it was disabled.

 

b)      A statement by You, made under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

 

c)      Your name, address, telephone number and, if available, email address.

 

d)     The following statement “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which M4D3 may be found, and I will accept service of process from the complaining party who notified M4D3 of the alleged infringement or an agent of such person.

 

e)      A statement by You, made under penalty of perjury, that the above information in Your counter notice is accurate.

 

f)       Your physical or electronic signature.

 

The Counter Notice should be delivered to M4D3’s Designated Trademark Agent, as indicated above.


     16. Applicable Law.  The laws of the State of California, U.S.A. will govern these Terms of Use, without giving effect to any principles of conflicts of laws.  You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California, county of Los Angeles, U.S.A., and of the United States District Court for the Central District of California for any litigation arising out of or relating to use of or purchase made through 
www.m4d3custom.com (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of California, county of Los Angeles, U.S.A., and agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.

 

17. Agreement to Arbitrate.You and M4D3 each agree that any and all disputes or claims that have arisen or may arise between You and M4D3 relating in any way to or arising out of this or other versions of these Terms of Use, Your use of or access to M4D3's Services, or any products or services sold, offered, or purchased through www.m4d3custom.com’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

 

The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

Prohibition of Class and Representative Actions and Non-Individualized Relief

 

YOU AND M4D3 AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND M4D3 AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

 

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms of Service as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

 

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879 FREE. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

 

A party who intends to seek arbitration must first send to the other, by certified mail, a written notice describing the nature of the dispute in reasonable detail (“Notice”). The Notice to M4D3 should be sent to M4D3, at ATTN: LEGAL, 3 Rustic Way, Freehold, New Jersey 00728.  M4D3 will send any Notice to you to the physical address we have on file associated with Your account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

 

If you and M4D3 are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or M4D3 may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to M4D3, at ATTN: LEGAL, 3 Rustic Way, Freehold, New Jersey 00728. In the event M4D3 initiates an arbitration against You, it will send a copy of the completed form to the physical address we have on file associated with Your account. Any settlement offer made by you or M4D3 shall not be disclosed to the arbitrator.

 

If the value of the relief sought is $10,000 or less, You or M4D3 may elect to have the arbitration conducted in the county in which You reside or by telephone or based solely on written submissions, which election shall be binding on you and M4D3 subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant.  In cases where an in-person hearing is held, you and/or M4D3 may attend by telephone unless the arbitrator requires otherwise.

 

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate.  If the value of the relief sought is $10,000 or less, M4D3 will reimburse all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator finds Your claims to be frivolous, baseless, or without merit.  In the event the arbitrator determines the claim(s) You assert in the arbitration to be frivolous, you agree to reimburse M4D3 for all fees associated with the arbitration.

 

Severability

With the exception of any of the provisions in Section 17 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and will continue to apply.

 

Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in these Terms of Service to the contrary, You and M4D3 agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against M4D3 prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between You and M4D3. We will notify You of amendments to this Agreement to Arbitrate by posting the amended terms on m4d3custom.com at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.

 

 

18. Export Control.  Neither party will export, either directly or indirectly, any product, service or technical data or system incorporating technology without first obtaining any required license or other approval from the U.S. Department of Commerce or any other agency or department of the United States government.  In the event any product is exported from the United States or re-exported from a foreign destination by either party, that party will ensure that the distribution and export/re-export or import of the product is in compliance with all laws, regulations, orders, or other restrictions of the U.S. Export Administration Regulations and the appropriate foreign government. Both parties agree that neither it nor any of its affiliates will export/re-export any technical data, process, product, or service, directly or indirectly, to any country for which the United States government or any agency thereof or the foreign government from where it is shipping requires an export license, or other governmental approval, without first obtaining such license or approval.

     19. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and M4D3's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

20. Force Majeure. M4D3 will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to M4D3 infrastructure or connectivity to the Internet, or failure at M4D3 co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, M4D3 will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

     21. Termination. M4D3 may terminate this Agreement at any time, with or without notice, for any reason. After any termination, either by You in accordance with paragraph 3 or by M4D3, You understand and acknowledge that M4D3will have no further obligation to You. Upon termination, all licenses and other rights granted to You by this Agreement will immediately cease. M4D3 is not liable to You or any third party for any termination. Upon any termination or suspension, any information (including User Content, defined below) that You have submitted on the Site or that which is related to Your account may no longer be accessed by You. Furthermore, M4D3 will have no obligation to maintain any information stored in M4D3’s database related to Your account or to forward any information to You or any third party.

 

Any suspension, termination or cancellation will not affect Your obligations to M4D3 under this Agreement (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

22. Entire Agreement. This Agreement, together with the Privacy Policy and any other legal notices published by M4D3 on the Site, shall constitute the entire and exclusive agreement between M4D3 and You regarding the Site and Site Content and supersede and replace any prior agreements between M4D3 and You regarding the Site and Site Content.

 

23. Contact Information.

 

HOW TO CONTACT US:

 

Admin@M4D3custom.com

M4D3

156 West 56th Street

Suite 2002 - 20th Floor 

New York, NY 10019