By accessing or using the Network, including purchasing any products through the Network, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Network; and (4) you are over 18 years of age.
You are responsible for regularly reviewing these Terms. Max Foundry reserves the right to update, change, modify or otherwise alter these Terms at any time without notice to you . Such revisions shall be effective immediately upon posting of the revised Terms on the Network and you agree that you shall be bound by such. ANY ACCESS OR USE OF THE NETWORK BY YOU AFTER THE POSTING OF ANY REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not use or access any part of the Network.
These Terms are effective unless and until terminated by Max Foundry. Max Foundry may terminate these Terms, the Site, the Network or any portion thereof, any website or webpage within the Network or any products or services offered through the Network, or terminate your right to access or use the Network or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Network, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.
ACCESS AND USE OF WEBSITES, APPLICATIONS, MOBILE APPS AND SERVICES
Unless authorized in writing by Max Foundry, you may use the Site or Network solely for your personal and non-commercial use. You agree to only access or use the Site or Network solely for legal purposes as allowed by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Network, including without limitation, engage in the practice of “screen scraping,” or any other similar activity;
- hack into the Network or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Network;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Network;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
- access or attempt to access any password-protected, secure or non-public areas of the Network without the express permission of Max Foundry.
For any portion of the Network that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Network are owned by Max Foundry and/or third parties, and are collectively referred to as “Content.” The Content may contain omissions, errors, or may be out of date. Max Foundry reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Max Foundry in any way except to the extent that it is specifically indicated to be so. We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Network are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT MAX FOUNDRY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES. Any concerns regarding Content and/or availability of hyperlinks of a third party on the Network, which are not controlled by Max Foundry, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Network.
CONTENT YOU PROVIDE (USER-GENERATED CONTENT)
By Submitting User Generated Content to the Network, you grant, and you represent and warrant that you have the right to grant, to Max Foundry, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Max Foundry or a third party to post User Generated Content to any public area of the Network, you grant Max Foundry all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Network to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another’s privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Network, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.
In the event that you do not wish for Max Foundry to use your User Generated Content, please do not Submit such User Generated Content to the Network. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Max Foundry, and Max Foundry makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Max Foundry reserves the right to remove any User Generated Content from the Network at any time and for any reason.
LIMITED LICENSE; PERSONAL, BUSINESS, AND NON-COMMERCIAL USE LIMITATION OF THE CONTENT AND NETWORK
You also agree not to deep-link to the Network or any website or webpage thereof for any purpose, unless specifically authorized by Max Foundry. Use of any of Max Foundry’s trademarks as metatags on other Networks is also strictly prohibited.
UNAUTHORIZED USE OF THE NETWORK
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Network, or transmit any worms or viruses or any code of a destructive nature on or to the Network.
LINKING TO THE NETWORK
Max Foundry reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Max Foundry’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Network, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Network.
TERMS OF SALE; PRICES
By placing an order with Max Foundry, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Max Foundry’s acceptance of an order. We retain the right to refuse any request made by you.
Prior to Max Foundry’s acceptance of an order, verification of information may be required. Max Foundry reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Max Foundry, for any reason whatsoever. Max Foundry reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Max Foundry shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, Max Foundry shall credit your account in the amount of the incorrect price.
Max Foundry reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Network are quoted in U.S. dollars.
DISCLAIMER AND LIMITATION OF LIABILITY
A. Disclaimer. MAX FOUNDRY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, NETWORK AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE NETWORK, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NETWORK, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NETWORK OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE NETWORK OR ANY THIRD PARTY WEBSITE(S) BY MAX FOUNDRY OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE NETWORK, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL PRODUCTS SOLD BY MAX FOUNDRY ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, MAX FOUNDRY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. MAX FOUNDRY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE NETWORK, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS NETWORK OR LINKED TO FROM THIS NETWORK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE NETWORK, AND ALL OTHER USE OF THE NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
MODIFICATION/TERMINATION OF NETWORK
GENERAL LEGAL PROVISIONS
© Max Foundry, LLC 2013, all rights reserved.
All materials on the Network (as well as the organization and layout of the Network) are owned and copyrighted or licensed by Max Foundry, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Network is permitted without the written permission of Max Foundry. Any rights not expressly granted herein are reserved by Max Foundry.
Max Foundry’s policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owners legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on or through our Services;
- your address, telephone number, and e-mail address;
- 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 law;
- 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 owners behalf.
Pursuant to Title 17, United States Code, Section 512 (the Digital Millennium Copyright Act), notifications of claimed copyright infringement should be sent to Max Foundry’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.
Max Foundry, LLC
P.O. Box 45087
Seattle, WA 98145
Max Foundry, and all related names, logos, product and service names, designs and slogans are trademarks of Max Foundry or its affiliates or licensors. Such marks cannot be used without the prior written permission of Max Foundry. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
Effective Date: February 18, 2014