Refunds: All sales of annual subscription packages are final. No refunds will be issued.
Violations of the Terms and Conditions for Subscribers may result in a range of actions, including:
Listing cancellation
Limits on account privileges
Account suspension
Every subscriber must agree to the following:
1. Agreement. Please carefully read the following Terms and Conditions for Subscribers before using the Site. Your use of our Site constitutes your agreement
to comply with the following conditions of use as well as the Terms and Conditions for Users. If you do not agree to the these Terms and Conditions for
Subscribers or the Terms and Conditions for Users, please do not use this Site. Each time you use the Site, the current version of the Terms and Conditions for
Subscribers will apply. Accordingly, when you use the Site, you should check the date of the Terms and Conditions for Subscribers (which appears at the top)
and review any changes since the last version. (a) CustomMade's services are not available to temporarily or indefinitely suspended CustomMade members.
CustomMade reserves the right, in CustomMade's sole discretion, to cancel unconfirmed or inactive accounts. CustomMade reserves the right to refuse service
to anyone, for any reason, at any time.
2. Intellectual Property. The entire content included in this Site, including but not limited to text, design, video, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of CustomMade. (a) It is CustomMade's policy to terminate account privileges of any subscriber or user who repeatedly infringes the copyright rights of others upon receipt of proper notification to CustomMade by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, 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. CustomMade's Copyright Agent for notice of claims of copyright infringement can be reached as follows: CustomMade Ventures Corporation, Attention: Copyright Agent, 83 Marlborough Street #5, Boston, MA 02116.
3. Subscriber Performance. Subscribers must honor the transaction contract. Subscribers cannot fail to deliver an item for which payment was accepted or significantly misrepresent an item. (a) All sales are binding. Subscribers are obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the subscriber's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. (b) CustomMade expects subscribers to consistently provide service that results in a high level of buyer satisfaction. When a subscriber lists an item or service on CustomMade and obtains a buyer, the subscriber and buyer enter into a contract that both members are expected to honor. For subscribers, this contract includes both formal requirements, as well as informal, "common-sense" obligations to provide good service to their buyers. Subscribers who do not meet these requirements and obligations are not honoring their contract and are creating bad buyer experiences. (c) Subscribers who create bad buyer experiences may violate the Seller Performance policy.
4. Content. You are solely responsible for your conduct and activities on and regarding to CustomMade and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on CustomMade. (a) As a subscriber, your content and use of CustomMade shall not (i) Be false, inaccurate or misleading; (ii) Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; (iii) Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including CustomMade staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device; (iv) Be obscene or contain child pornography; (v) Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) Modify, adapt or hack CustomMade or modify another website so as to falsely imply that it is associated with CustomMade; or (vii) Appear to create liability for CustomMade or cause Custommade to lose (in whole or in part) the services of CustomMade's ISPs or other suppliers.
5. License. CustomMade does not claim ownership rights in your Content. You grant CustomMade a license solely to enable CustomMade to use any information or Content you supply CustomMade with, so that CustomMade is not violating any rights you might have in that Content. (a) As a subscriber, you grant CustomMade a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow CustomMade to store or re-format your content on CustomMade and display your content on CustomMade in any way as CustomMade chooses. CustomMade will only use personal information in accordance with CustomMade Privacy Policy. (a) As part of a transaction, you may obtain personal information, including email address and shipping information, from a buyer. Without obtaining prior permission from the buyer, this personal information shall only be used for that transaction or for CustomMade-related communications. CustomMade has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the buyer, you are not licensed to add any CustomMade user to your email or physical mail list. For more information, see CustomMade's Privacy Policy.
6. No Warranty. CUSTOMMADE, CUSTOMMADE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CUSTOMMADE'S CONSULTANTS PROVIDE CUSTOMMADE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CUSTOMMADE, CUSTOMMADE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CUSTOMMADE'S CONSULTANTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CUSTOMMADE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
7. Limitation of Liability. IN NO EVENT SHALL CUSTOMMADE, AND (AS APPLICABLE) CUSTOMMADE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CUSTOMMADE'S CONSULTANTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CUSTOMMADE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. (a) CUSTOMMADE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CUSTOMMADE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONSULTANTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CUSTOMMADE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Indemnity. YOU AGREE TO INDEMNIFY AND HOLD CUSTOMMADE AND (AS APPLICABLE) CUSTOMMADE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
9. No Guarantee. CustomMade does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside CustomMade's control.
10. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of CustomMade's service and your listing, solicitation of offers to purchase, and sale of services and items.
11. No Agency. You and CustomMade are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
12. Choice of Law and Forum. This Agreement shall in all respects be interpreted and construed with and by the laws of the Commonwealth of Massachusetts. Any dispute arising out of or relating to this Terms of Use and Conditions for Subscribers or your access or use of this Site will be subject to the exclusive jurisdiction of the court located within Suffolk County in the Commonwealth of Massachusetts, and you hereby submit to the personal jurisdiction of such courts. When you visit our Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
