Effective Date

This revision of the Consumer Agreement is effective as of April 26th, 2012 (“Effective Date”).

This Consumer Agreement (“Agreement”) is between CustomMade Ventures Corp. ("CustomMade") and you as the consumer of CustomMade’s services (“Consumer” or “you”). Every Consumer must read and accept all the terms in this Consumer Agreement, CustomMade’s Privacy Policy, and CustomMade’s General Terms of Use (collectively, “Terms and Conditions”). Your use of the CustomMade website, located at http://www.custommade.com (“Site”), constitutes your acceptance of all the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use this Site or become a Consumer.

1. Purpose of CustomMade

CustomMade has created an online marketplace to connect makers of custom goods and providers of custom services (“Makers”) with the consumers who wish to shop for and purchase custom goods and services (“Consumers” and, together with Makers, “Users”). The CustomMade marketplace includes ReadyNow, which is a service created by CustomMade to allow Consumers to purchase an item that is ready for shipment immediately through the Site. On and through the Site, Consumers may post open requests to invite bids from Makers for custom goods or services (“Project Requests”), Makers may post information about their capabilities in their profiles and submit bids or proposals in response to Project Requests (“Project Proposals”), and, once a bid or proposal is accepted, Consumers and Makers can communicate with each other to form an agreement whereby the Maker will create and deliver a custom good or service (“Project”) to the Consumer (“Project Agreement”).

2. Eligibility to use the Site

The Site is available only to legal entities/persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you are at least 18 years old and that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “Consumer”, "you" and "your" will refer and apply to that company or other legal entity. Without limiting the foregoing, the Site is not available to temporarily or indefinitely suspended Users. Nothing in this Agreement precludes a Consumer from engaging with CustomMade or the Site as a Maker as long as Consumer opens a separate account designated for Maker and signs the Maker Agreement.

3. Role of CustomMade

If a Consumer accepts a Maker’s Project Proposal for a Project, a legally binding services contract is formed directly between such Maker and Consumer, subject to any additional terms and conditions that Maker and Consumer may agree upon in a Project Agreement. CustomMade is not a party to any Project Agreement between Makers and Consumers. CustomMade itself does not deliver any goods or services, nor does CustomMade make any representations regarding the quality thereof, except as may be otherwise explicitly set forth by CustomMade. Except where provided herein, any agreement or attempted agreement between a Maker and a Consumer made outside of the Site in connection with a Project shall constitute a material breach of this Agreement.

Consumer expressly acknowledges, agrees and understands that: (i) the Site is merely a venue where persons may act as Makers or Consumers; (ii) CustomMade is not a party to any Project Agreement between Makers and Consumers; (iii) Consumer recognizes, acknowledges and agrees that he/she/it is not an employee of CustomMade and that CustomMade does not, in any way, supervise, direct, or control Maker's work or services; (iv) CustomMade shall not have any liability or obligations under or related to Project Agreements or any acts or omissions by Users; (v) CustomMade has no control over Users; and (vi) CustomMade makes no representations as to the reliability, capability, or qualifications of any Maker or Consumer or the quality, security or legality of any goods or services delivered by a Maker, and CustomMade disclaims any and all liability relating thereto.

4. General Consumer Performance

CustomMade expects a consistent and high level of courtesy, respect and professionalism from all of its Users toward each other and reserves the right to expel any User from our network at any time. Consumers agree to promptly deliver payment to the Maker for any item or service purchased unless (a) the Maker fails to meet the material terms of the Project Agreement, or (b) the Consumer cannot authenticate the Maker’s identity. Consumers agree to use good judgment when posting information, comments, feedback or other content regarding Makers, CustomMade or any other third party anywhere within the Site. Consumer acknowledges that the Maker is the merchant of record for all transactions procured through the Site. Consumers may be held legally responsible for damages suffered by other Users, CustomMade or any third party as a result of legally actionable or defamatory comments, remarks or other information or content posted to the Site. Consumers are to comply with any policies that are incorporated into this Agreement by reference. These policies may be modified from time to time at CustomMade’s discretion and the current effective policy will be deemed to be part of this Agreement.

Under federal law, CustomMade is not legally responsible for any remarks, information or other content posted or made available on the Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. CustomMade is not responsible for and does not monitor or censor content for accuracy or reliability. However, CustomMade reserves the right to remove or restrict access to any information or content posted or made available on the Site if ordered to do so by a court or if CustomMade considers such information or content to be in violation of this Agreement. Violation of the Agreement may result in suspension or termination.

4.1 Identity

All identity information associated with the Consumer and its account on the Site (“Consumer Account”) must be real and verifiable. Each Consumer Account must be used by only one person, and each person is allowed to use only one Consumer Account. CustomMade reserves the right to validate Consumer information at any time, including but not limited to the verification of one or more official government or legal documents that confirm the Consumer’s identity. Failure to provide identity verification when requested is a violation of this Agreement. The Consumer is solely responsible for ensuring and maintaining the secrecy and security of the CustomMade password. Consumer agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on CustomMade. Consumer will not allow third parties to perform any action, including but not limited to, posting Project Requests, entering into Project Agreements with Makers, uploading content or otherwise utilizing the Consumer’s Account.

4.2 Posting A Project Request

All Project Requests posted to the Site must be in English and not contain any requests to circumvent the Site. Project Requests must be of a professional nature and accurately describe the good or service requested. They should be free of offensive language or advertisements for other products or services. Project Requests may not request any good or service that is illegal.

4.3 Managing Project Agreements

Consumers agree to regularly review and respond promptly to communications from the Maker.

4.4 Disintermediation

Consumer shall immediately notify CustomMade if a Maker communicates or requests communication outside of the Site or through any channels other than those provided or specified by CustomMade (“Disintermediation”). Except as expressly provided below, Disintermediation is a violation of this Agreement.

Disintermediation can occur without penalty under the following two opt-out situations:

• Paid opt-out: Maker or Consumer pays CustomMade an opt-out fee that is the greater of:
  1. The total CustomMade Project Fee(s) charged from transactions between the two parties during the previous 365 days or $1000.
  2. Free opt-out: two (2) years after the Maker and Consumer were first brought together on the Site, the two may participate in disintermediation without charge.
• To perform a paid opt-out, parties also agree to notify CustomMade with the following information:
  1. User id and email addresses of both Maker and Consumer;
  2. Whether this is a paid opt-out or a free opt-out; and
  3. Who will pay the opt-out fee (if it applies).
• Once the opt-out fee is paid to CustomMade (or the free opt-out has occurred), both parties may freely participate in Disintermediation with the other party.

4.5 Failure to Pay

Except where expressly provided herein, if Consumer fails to pay amounts due under this Agreement or any Project Agreement, whether by canceling Consumer’s credit card, initiating an improper chargeback against a Maker or CustomMade, or by any other means, Consumer’s Account may be restricted, suspended or canceled, no additional payments may be processed, and any work-in-progress may be stopped by the Maker. Without limiting other available remedies, Consumer must reimburse CustomMade for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys’ fees and other costs of collection as allowed by law. In its discretion, CustomMade may setoff amounts due against other amounts received from or held for Consumer, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

4.6 Feedback

CustomMade provides its reputation management system as a means through which Users can express their opinions publicly. CustomMade does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability. You acknowledge and agree that the Site will contain public feedback from Makers with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by Makers and that CustomMade may calculate a composite feedback number based on these individual ratings. Users may be held legally responsible for damages suffered by other CustomMade Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. CustomMade is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. Any effort to falsify feedback, manipulate or coerce another User by threatening negative feedback or offering to sell or buy goods or services in exchange for feedback is in violation of this Agreement. Other actions that constitute an abuse of the reputation management system include, but are not limited to, leaving links, profanity, or other inappropriate content in feedback comments and contacting other Users to "warn" them about another User. CustomMade reserves the right to maintain or delete ratings and feedback as it deems appropriate regardless of the User’s status on the Site. If you are concerned about a User’s behavior, you should report it to CustomMade immediately for investigation.

5. Enforcement of Consumer Agreement

CustomMade has the right, but not the obligation, to suspend, cancel or restrict Consumer’s account if it believes that he/she/it has violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party. Without limiting CustomMade's other remedies, we may suspend, cancel or restrict Consumer’s account, reclaim any available funds and refuse to provide Consumer any further access to the Site if (a) Consumer breaches any terms and conditions of this Agreement, a Project Agreement, or any other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information Consumer provides to us; or (c) we believe that Consumer’s actions may cause legal liability for Consumer, other Users or for CustomMade. Once suspended or terminated, Consumer MAY NOT continue to use the CustomMade service under a different account or reregister under a new account. If you attempt to use the CustomMade service under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment method to pay for any amounts outstanding. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a Consumer engages in actions or activities which circumvent the Site or otherwise reduces fees owed CustomMade under this Agreement, that Consumer will be liable to CustomMade for the fees due and may be subject to additional sanctions including, but not limited to, restriction, suspension or termination of the Consumer’s account. CustomMade reserves the right to terminate or otherwise restrict the activities of any Consumer for any reason, at its sole discretion, and to refuse to provide registration and membership to the Consumer in the future.

6. The CustomMade Trust & Safety Guarantee

Both Makers and Consumers may be eligible to participate in the CustomMade Trust & Safety Guarantee program ("CustomMade Trust & Safety Guarantee"). Subject to the terms, limitations and conditions that are set forth below in this Section 6 (the "CustomMade Trust & Safety Guarantee Terms"), the CustomMade Trust & Safety Guarantee applies to Projects that are transacted through the Site (“Covered Projects”). Please read these CustomMade Trust & Safety Guarantee Terms carefully.

6.1 Scope of the CustomMade Trust & Safety Guarantee

The CustomMade Trust & Safety Guarantee offers protection to both Consumers and Makers. Consumers are afforded protection by the CustomMade Trust & Safety Guarantee in the unlikely event of fraud or theft by a Maker. Benefits for a Consumer protected by the CustomMade Trust & Safety Guarantee include a up to a $5,000 refund or replacement Project. The CustomMade Trust & Safety Guarantee protects Makers in the unlikely event that a Consumer alleges a breach of the Project Agreement or otherwise claims that a Maker has not performed. Benefits for a Maker protected by the CustomMade Trust & Safety Guarantee include a formal written decision resolving a dispute arising from a Project in favor of the Maker and the amendment or deletion of negative feedback resulting from the dispute.

6.2 Trust & Safety Guarantee Eligibility

As a Consumer, you are eligible for the protections afforded by the CustomMade Trust & Safety Guarantee when all of the following conditions are met:

• You have a Consumer Account on the Site;
• You are in good standing with CustomMade;
• All of the electronic correspondence with the Maker was hosted on the CustomMade system and is available to CustomMade staff for review;
• All of the payments, including any initial deposits, were originated using the Site and reported to CustomMade using the Site;
• You did not pay for the Project by check;
• You entered into a Project Agreement with a Maker using the electronic communication tools on the Site;
• You submitted a case within 45 days from the anticipated or actual date of delivery of the Project, whichever is later;
• The Project is not excluded from the CustomMade Trust & Safety Guarantee as provided in Section 6.3;
• You have retained possession of the item in dispute or if you have returned it to the Maker and you have a signature confirming delivery to the Maker.
• There is a good faith dispute between you and the Maker regarding the Project. A good faith dispute can include cases such as:
  • You did not receive the Project by the deadline provided in the Project Agreement AND the Maker did not inform you of the potential for delay;
  • You received a Project that was materially different from the one described in the back and forth communications with the Maker through CustomMade (for example, you purchased a white gold ring, but instead received one made of silver);

A good faith dispute does not exist if you improperly claim that the Maker has not fulfilled the transaction, if you claim that you never received a Covered Project when in fact you did, if you refuse to accept shipment of a Covered Project, or if you claim the Covered Project was not as described but the Maker can prove otherwise.

A good faith dispute does not include buyer's remorse (that is, the Project was delivered as described in your communications with the Maker through CustomMade, but you no longer want the project regardless of the reason). However, even in the event of buyer's remorse, you may receive a refund from the Maker if at any point after the sale is completed, the Maker agrees in writing provide a refund.

For the avoidance of doubt, only Consumers who have exclusively communicated and transacted with the Maker throughout the life cycle of the Project through the Site are eligible for the CustomMade Trust & Safety Guarantee. Consumers who file a case through CustomMade, but who did not communicate or transact with the Maker throughout the life cycle of the Project through the Site are not eligible for the Trust & Safety Guarantee.

6.3 Limitations and Restrictions

The CustomMade Trust & Safety Guarantee is not a product warranty or a solution for buyer’s remorse. The CustomMade Trust & Safety Guarantee does not cover some kinds of goods; false, abusive or illegitimate claims; or purchases where the User has been or may be compensated by a third party. CustomMade reserves the right to determine whether a Project qualifies as a Covered Project. Fraudulent charges to a credit card or a PayPal account are not covered by the CustomMade Trust & Safety Guarantee.

6.4 Dispute Resolution Between Consumer and Maker

As part of the CustomMade Trust & Safety Guarantee, CustomMade will host a dispute resolution process for eligible Consumers and eligible Makers engaged in a good faith dispute arising from a Covered Project. Makers who meet certain eligibility requirements and have a Covered Project can open a case against a Consumer after first attempting to resolve the dispute with the Consumer in good faith. Consumers who meet the eligibility requirements in Section 6.2 and have a Covered Project can open a case against a Maker if they have not received a Project by the deadline provided in the Project Agreement and the Maker has not communicated with the Consumer about the potential for delay (“Project Not Received Case”) or where the Project is materially different from the description in the Project Agreement (“Project Not As Described Case”).

6.4.1 Dispute Resolution Process and Procedure for Makers

Makers who want to open a case against a Consumer must fill out a Request for Review. After CustomMade receives the Request for Review, we will read the Project Agreement, and confirm that the parties have already attempted to resolve their dispute in good faith. We will then review any additional electronic correspondence to determine if the case is ready for resolution. If a case filed by a Maker is ready to be resolved, CustomMade will contact the Consumer. The Consumer will have up to seven (7) days to respond to CustomMade’s inquiries. Following CustomMade’s receipt of the Consumer’s responses, CustomMade may contact the Maker for further information. Maker will have seven (7) days to respond to CustomMade’s request for follow-up information. After no more than 30 days from the date CustomMade receives all of the requested information, CustomMade will issue a final written decision. The case will be closed following the issuance of CustomMade’s final written decision.

6.4.2 Dispute Resolution Process and Procedure for Consumers

Consumers who want to open a case against a Maker must fill out a Request for Review. After we receive the Request for Review, we will read the Project Agreement, and confirm that the parties have already attempted to resolve their dispute in good faith. We will then review any additional electronic correspondence to determine if the case is ready for resolution. If a case filed by a Consumer is ready to be resolved, CustomMade will contact the Maker. The Maker will have up to seven (7) days to respond to CustomMade’s inquiries and propose a resolution or remedy as provided in Section 6.4.4. CustomMade will pass the Maker’s responses and proposed resolution or remedy to the Consumer. The Consumer will have seven (7) days to accept or reject the Maker’s proposed resolution or remedy. If the Consumer rejects the Maker’s proposed resolution or remedy, then the Consumer must make a counteroffer to the Maker. If no resolution or remedy can be reached between the parties, then CustomMade may further review the Project Request, Project Proposal, Project Agreement and any additional electronic correspondence before issuing a final written decision. After no more than 30 days from the date CustomMade receives all of the requested information, CustomMade will issue a final written decision. The case will be closed following the issuance of CustomMade’s final written decision.

If the Maker resolves the case by refunding the Consumer after the case is opened but before the Consumer contacts CustomMade further, CustomMade will credit any CustomMade Project Fee that Maker may have been assessed in connection with the Project. For cases in which a determination is made against the Maker by CustomMade, the Maker will not receive a refund of the CustomMade Project Fee assessed in connection with the Project.

6.4.3 Restrictions for Fraud or Theft Claims by Consumer

Consumers who wish to open a case against a Maker involving fraud, theft, or any other type of illicit behavior that is not covered in section 6.4.4, and whose claims exceed an aggregate value of three hundred U.S. dollars (US $300), must also comply with the following requirements;

• The Consumer must file a police report and provide CustomMade with a copy of such report, certified by the Consumer as true and accurate;
• The Consumer must provide CustomMade with proof of the loss, certified by the Consumer as true and accurate;
• The Consumer must provide CustomMade proof that the Consumer first contacted and filed claims with any third party who may offer the Consumer protection or relief, including but not limited to, PayPal, banking institution, insurers, or a credit card company.

6.4.4 Resolutions and Remedies

For Project Not Received Cases, a Maker may propose the following resolutions or remedies:

• Provide proof of delivery (for Covered Projects valued over $250, we also require signature confirmation);
• Send the Covered Project or a replacement Project within thirty (30) days; or
• Refund the Consumer the cost of the Covered Project (including any applicable sales tax) plus original shipping.

For Project Not Received Cases, if the Consumer chooses to receive a refund, Maker must provide a full refund to the Consumer in a timely manner. If the Maker refuses to give the Consumer a full refund, CustomMade will pay the Consumer up to $5,000 of the Covered Project’s original cost, and pay the Consumer the remaining amount, if any, after and only if CustomMade has collected such amounts directly from the Maker. In the event CustomMade cannot procure a full refund for the Consumer, CustomMade’s total payments to the Consumer under the CustomMade Trust & Safety Guarantee will not exceed five-thousand ($5,000) dollars per Covered Project.

For Project Not As Described Cases, a Maker may propose the following resolutions or remedies:

• Provide written proof to CustomMade that the Covered Project was described accurately and consistently in the Project Agreement and all associated correspondence (for example, providing documentation that supports the authenticity or origin of the materials used);
• Send a replacement Project after the Consumer returns the original Covered Project, if this is what the Consumer prefers; or
• Refund the Consumer up to the full cost of the Covered Project (including any applicable sales tax) plus original shipping after the Consumer returns the original Covered Project.

In the event that the Consumer chooses to return the original Covered Project, CustomMade will ask the Consumer to promptly provide a shipping tracking number. For Covered Projects valued over $250, CustomMade will also require the Consumer to provide signature confirmation. Return shipping will be at the Consumer's expense. Consumers may not be required to return a Covered Project if the Maker's geographic location is different from that shown on the listing unless the Maker pays for return shipping.

For Project Not As Described Cases, if the Consumer chooses to return the original Covered Project and receive a refund, Maker must provide a full refund to the Consumer in a timely manner after the delivery of the original Covered Project to the Maker has been confirmed. If the Maker refuses to give the Consumer a full refund, CustomMade will pay the Consumer up to $5,000 of the Covered Project’s original cost, and pay the Consumer the remaining amount, if any, after and only if CustomMade has collected such amounts directly from the Maker. In the event CustomMade cannot procure a full refund for the Consumer, CustomMade’s total payments to the Consumer under the CustomMade Trust & Safety Guarantee will not exceed five-thousand ($5,000) dollars per Covered Project.

There may be times when CustomMade, in its sole discretion, opts to reimburse the Consumer without any impact on the Maker.

6.4.5 Maker Defenses

For Project Not Received Cases, Makers may avoid an adverse decision if they ship within their stated handling time, provide the Consumer and CustomMade with tracking information, and the Consumer accepts the Project before CustomMade makes a final decision. The tracking information will need to show proof of delivery from a shipping company or delivery service that clearly displays:

1. the delivery status of the Project as "delivered"
2. the date of delivery (which reflects the Maker shipped within stated handling time) the recipient's address, displaying at least the city/state or ZIP code (or the equivalent) of the address listed in either the CustomMade Order details page or the PayPal Transaction Details page, and
3. for Projects $250 USD (or local currency equivalent) or more, proof of the recipient's signature to confirm delivery is required.

For Project Not As Described Cases, Makers may avoid an adverse decision if they provide clear documentation that the Covered Project was described accurately and consistently throughout the Covered Project lifecycle, in the Project Agreement and in all associated communication. For example, cases may be resolved in the Maker's favor when the Maker provides documentation that:

1. a defect in the Covered Project was correctly described and disclosed by the Maker and was acceptable to the Consumer, or
2. the Covered Project was properly described, but the Consumer didn't want it after they received it, or
3. the Covered Project was properly described but did not meet the Consumer's expectations, or
4. the Covered Project has minor scratches or exhibits very minor imperfections that would not impair the enjoyment or use of the project by the average Consumer.

6.4.6 Acknowledgement and Agreements by Consumer

CustomMade requires Consumers to comply with the dispute resolution process described herein. Consumers agree that CustomMade will make the final decision, in our sole discretion, on any case that is opened with CustomMade under the CustomMade Trust & Safety Guarantee. If we find against the Maker for either a Project Not Received Case or a Project Not As Described Case, we may refund the Consumer for the full or partial cost of the Covered Project (including any applicable sales tax) and the original shipping, and we may require the Maker to reimburse us for the full amount due the Consumer. Without limiting the foregoing, Makers may not have to pay a reimbursement if they can meet one of the Maker Defenses provided in Section 6.4.5.

6.4.7 Relationship Between CustomMade Dispute Resolution and Other Resolution Methods

The CustomMade dispute resolution process is the secondary avenue for settling issues between Consumers and Makers. Consumers should begin with other resolution methods, including, but not limited to, the PayPal system or filing a chargeback if they paid using a credit card. Once a Consumer selects a system (PayPal, another payment provider, or credit card chargeback) they are required to use that system until they receive a positive or negative resolution. If the primary system chosen yields a negative resolution for the Consumer, the Consumer can open a case through the CustomMade dispute resolution process; however, Consumers should first attempt to resolve the dispute directly with the Maker. For the avoidance of doubt, there will be no double consequences for Makers, and no double refunds for Consumers. Chargebacks override all other disputes.

6.5 Consumer Fraud Against CustomMade

Consumers who CustomMade believes are attempting to commit or committing fraud are governed by the CustomMade Terms of Use. Fraud in this case can include, but is not limited to, making claims that are not backed by a good faith dispute, making claims prior to (or in addition to) attempting to receive reimbursement from another source (e.g., a credit card chargeback), or any other means by which one can unjustly benefit from CustomMade and the Consumer protection it provides under the CustomMade Trust & Safety Guarantee. Consumers who abuse CustomMade are subject to our remedies as described in the CustomMade Terms of Use. In addition, we reserve the right to temporarily, indefinitely, or permanently suspend a Consumer’s coverage under the CustomMade Trust & Safety Guarantee, immediately and without prior notice, if we suspect abuse; excessive cases; tampering; colluding with Makers to have Makers misdeclare the value of projects for customs fees purposes; or interference with the proper working of CustomMade’s Trust & Safety Guarantee.

6.6 Subrogation

As an additional separate and distinct condition to the CustomMade Trust & Safety Guarantee, CustomMade, as guarantor, has the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, Maker hereby agrees that, with respect to any payments made under the CustomMade Trust & Safety Guarantee by, or on behalf of, CustomMade, Maker will assist in and cooperate fully with CustomMade regarding any and all efforts at subrogation.

7. Release

Consumer agrees to release CustomMade (and its officers, directors, agents, subsidiaries, contractors, suppliers and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes the Consumer may have with one or more Users of the Site.

8. Intellectual Property

All content included in this Site, including but not limited to text, graphics, video, interfaces, logos, button icons, images, data compilations, software, and the compilation thereof is the property of CustomMade or its content and software suppliers and is protected by United States and international copyright laws. CustomMade may terminate account privileges of any Consumer who infringes the copyright rights of others upon receipt of proper notification by CustomMade from the copyright owner or the copyright owner's legal agent.

9. Content

Consumer agrees to be solely responsible for Consumer’s conduct and activities on and regarding to the CustomMade Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that Consumer submits, posts, and displays on the Site. Consumer will not: (i) post false, inaccurate, misleading, obscene, defamatory or libelous content; (ii) falsely state or otherwise misrepresent your affiliation with any person or entity, through for example, the use of similar email address, nicknames, or creation of false account(s); (iii) infringe upon or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; (iv) transmit any code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) modify, adapt or hack the Site or falsely imply that any other website is associated with CustomMade; or (vi) create any liability for CustomMade to any third party or cause CustomMade to lose (in whole or in part) the services of CustomMade's ISPs or other suppliers.

10. License to CustomMade

CustomMade does not claim any ownership rights in Consumer’s Content. When Consumer posts Content to the Site, Consumer grants CustomMade a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) license to exercise any and all copyright, trademark, publicity, and database rights that Consumer has in the Content, in any media known now or in the future. Consumer agrees to allow CustomMade to store or re-format the Content on the Site and display the Content in any way CustomMade chooses in its sole discretion. Consumer agrees to allow CustomMade to use the Content in advertising and marketing, and to display the Content on other websites in connection with CustomMade’s activities on the other websites. CustomMade will only use personal information in accordance with CustomMade’s Privacy Policy. As part of a transaction, Consumer may obtain personal information, including email address and shipping information, from a Maker. Without obtaining prior permission from the Maker, this personal information shall only be used for that transaction or for CustomMade-related communications. CustomMade has not granted Consumer a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, Consumer is not licensed to add any User’s email or physical mail list. For more information, see CustomMade's Privacy Policy.

11. WARRANTY DISCLAIMER

CUSTOMMADE MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, WORK PRODUCTS, CUSTOMMADE RESOURCES, SITE, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMMADE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, CONSUMER AGREES THAT NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY CONSUMER FROM CUSTOMMADE SHALL CREATE ANY WARRANTY OF ANY KIND NOT EXPRESSLY MADE HEREIN.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL CUSTOMMADE, AND (AS APPLICABLE) CUSTOMMADE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CUSTOMMADE’S CONSULTANTS OR 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 ANY USER CONNECTION WITH THE USE OF THE SITE, CUSTOMMADE'S SERVICES, THE CUSTOMMADE TRUST & SAFETY GUARANTEE OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMMADE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CUSTOMMADE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND CONSULTANTS, TO ANY USER OR THIRD PARTIES IN ANY OTHER CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY THE USER TO CUSTOMMADE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, (B) $100; OR (C) AMOUNTS PAID UNDER THE TRUST & SAFETY GUARANTEE. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

13. Indemnity

Consumer agrees to indemnify and hold CustomMade and (as applicable) CustomMade’s parent, subsidiaries, affiliates, officers, directors, consultants, suppliers, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Consumer’s breach of this Agreement or the Terms and Conditions, failure to pay Maker, or Consumer’s violation of any law or the rights of a third party.

14. Reservation of Rights

Consumer acknowledges and agrees that the reputation and goodwill of CustomMade may be adversely affected if the Consumer engages in violations of the Project Agreement. CustomMade has the right to take action, including legal action, against the Consumer if CustomMade, in its sole discretion, deems necessary to protect the interests of CustomMade.

15. No Guarantee

CustomMade does not guarantee continuous, uninterrupted access to the Site or any of the Site’s features, and operation of the Site may be interfered with by numerous factors outside CustomMade's control.

16. Legal Compliance

Consumer agrees to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Consumer’s use of CustomMade's services.

17. No Agency

Consumer and CustomMade are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

18. Choice of Law and Venue

This Agreement shall in all respects be interpreted and construed with and by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles. Any dispute will be subject to the exclusive jurisdiction of the courts located within Suffolk County in the Commonwealth of Massachusetts, and Consumer hereby submits to the personal jurisdiction of such courts.

19. Electronic Communications

When Consumer visits the Site or sends emails to CustomMade, Consumer is communicating with CustomMade electronically. Consumer consents to receive communications from CustomMade electronically. CustomMade will communicate with Consumer by email or by posting notices on this Site. Consumer agrees that all agreements, notices, disclosures and other communications that CustomMade provides to Consumer electronically satisfy any legal requirement that such communications be in writing.

20. General

This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other communications regarding the subject matter hereof. If any provision of this Agreement is held to be unenforceable, such provision shall be struck and the remaining provisions remain enforceable. CustomMade may assign this Agreement by providing notice to Consumer. Consumer may not assign this Agreement, nor any of its rights or obligations, without CustomMade’s prior written consent. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party. CustomMade may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective seven (7) days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by both parties.

21. Modification

We reserve the right to modify the Agreement at any time by posting an amended Agreement that is always accessible on this site’s home page and by giving you prior notice of such amendments. Your continued use of this site after notice of a modification indicates your acceptance of the amended Agreement. You should check this Agreement periodically for modification by clicking on the link provided near the top of this Agreement for a listing of material changes and their effective dates.

22. Notices

We may give notice to you by means of (i) a general notice in your account information; (ii) by email to your e-mail address on record in your Registration Data, or (iii) written communication sent to you by first class mail to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail) or twenty-four (24) hours after sending (if by e-mail).

23. Entire Agreement

This Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them.

24. Survival

The following Sections survive any termination or expiration of this Agreement: Feedback, Release, Intellectual Property, Content, License to CustomMade, Warranty Disclaimer, Limitation of Liability, Indemnity and Choice of Law and Venue.