This revision of the Terms and Conditions is effective as of November 14th, 2011 (“Effective Date”).
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).
The Site and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction or (2) such distribution is prohibited without CMV obtaining the necessary licenses or authorizations and such have not been obtained.
In addition, by using the Site, you agree:
When you purchase an item or service, you and the seller enter into a binding contract that both parties are expected to honor. CMV may provide the vehicle for communication, negotiation, and confirmation of a bid between a buyer and seller, and all users agree that any such bids are binding obligations once proposed by the seller and accepted by the buyer. The users agree that CMV is not involved in the actual transaction between buyers and sellers and that CMV is not a party to the contract. You will promptly deliver payment for an item or service purchased by you unless (a) the seller fails to meet the material terms of the contract, or (b) you cannot authenticate the seller’s identity.
The Site and any and all content on the Site are protected by copyright and/or other intellectual property laws and any unauthorized use of such intellectual property or information or the Site may violate such laws related to their protection. Except as expressly provided herein, CMV does not grant any express or implied right or license of any kind to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.
When you send any emails through the Site or post any content on a Board, you grant CMV 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 you have in the emails and content, in any media known now or in the future.
The information and materials contained in the Site have been gathered by CMV from sources believed by it to be reliable. The information and materials are provided "as is" and CMV makes no representations or warranties of any kind with respect to the information and materials contained in the Site, including without limitation warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, CMV does not warrant the accuracy, timeliness, completeness, reliability or availability of the Site or the information or results obtained from use of the Site, or that the Site is virus-free or error-free. CMV has no obligation to audit, validate or otherwise verify any information contained in the Site.
CMV does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside CMV’s control.
CMV does not assume any responsibility, and shall not be liable for any damages to, or viruses that may infect, your equipment or other property on account of your access to or use of the Site.
The Internet is a universally accessible medium. Ordinary E-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E-mails may circulate across national borders, even if both sender and recipient are located in the same country. You are therefore recommended to communicate with CMV by using a secure channel if such channel is provided by CMV. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data. CMV shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to CMV or to other users of the Site using ordinary E-mail or any other electronic messaging system.
You release CMV (and our 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 you have with one or more users of the CMV Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CMV OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR OTHERS WITH WHOM IT MAY COLLABORATE TO PROVIDE THE SITE HAVE ANY LIABILITY WHATSOEVER TO ANY PERSON FOR ANY DIRECT OR INDIRECT LOSS, LIABILITY, COST, CLAIM, EXPENSE OR DAMAGE OF ANY KIND, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE USE OF ALL OR PART OF THE SITE, EVEN IF CMV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IN THE EVENT CMV IS FOUND LIABLE, CMV'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CMV'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND CONSULTANTS, TO YOU IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO CMV IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold CMV and (as applicable) CMV’s parent, subsidiaries, affiliates, officers, directors, consultants, suppliers, agents and employees harmless from an claim or demand, including reasonable attorneys; fees, made by any third party due to or arising out of your breach of the Terms and Conditions, or your violation of any law or the rights of a third party.
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.
This Agreement sets forth the entire understanding and agreement between the parties with respect to 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. You and CMV are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. CMV may assign this Agreement by providing notice to you. You may not assign this Agreement, nor any of its rights or obligations, without CMV’s prior written consent. No waiver shall be deemed a waiver of any prior or subsequent default hereunder.
The following Sections survive any termination or expiration of this Agreement: License to CMV, No Warranty, Limitation of Liability, Release, Indemnity, Applicable Law and Dispute Resolution, and General.
If You believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. CMV's Copyright Agent for notice of claims of copyright infringement can be reached as follows: CustomMade Ventures Corporation, Attention: Copyright Agent,99 First Street, Cambridge, MA 02141, or via email to Seth Rosen at this link.
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