Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms and the Made Collection Privacy, Policy located at www.madecollection.com/privacy, the Made Collection Shipping Policy, located at www.madecollection.com/shipping, and the Made Collection Returns Policy, located at www.madecollection.com/returns are hereby incorporated by reference into this Agreement.
This Agreement may be amended by Made Collection from time to time. If we make material changes to the Agreement, we will notify you through the Service interface or at your primary email address, as specified in your member account information. You agree that such amended Agreement will be effective ten (10) days after being posted or sent to you, and your continued access to the Site or use of the Service after that time shall constitute your acceptance of the amended Agreement.
Subject to the terms and conditions of this Agreement, Made Collection grants you a license to access and use the Service and the software and systems enabling the server side of the Service, only to the extent necessary to use the Service as described by Made Collection on the Site, and only for your personal non-commercial use. Made Collection reserves the right to change or discontinue the Service (or any feature thereof) at any time, with or without notice.
When you sign up to become a member, you will also be asked to choose a member name and password, which comprise your "Access Credentials" and enable your access to the Service. You are solely responsible for any and all use of your Access Credentials and for maintaining the confidentiality of your Service password. You agree not to provide your Access Credentials to any other person or to use the Access Credentials of another member at any time. You must exit from your account at the end of each session. You agree to notify us immediately if you suspect any unauthorized use of or access to your Access Credentials.
Made Collection will use industry standard efforts to maintain the confidentiality of your Access Credentials you provide to Made Collection. Made Collection and/or its partners will use Secure Socket Layer (SSL) technology (or comparable technology), including 128-bit encryption, to provide security for sensitive transmissions. In addition, Made Collection will use reasonable technical and procedural safeguards for your Access Credentials stored on our computers and/or stored on the computers of our third-party service providers. Although Made Collection will implement and follow these measures to protect against unauthorized access to or interception of your keys, you acknowledge and agree that Made Collection (and its third-party providers) cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur. We outsource our hardware and software needs to a third-party utility computing provider to provide the Service. As such, any security breaches or service interruptions in the cloud, however unlikely, will affect our ability to provide the Service to you.
Use of the Service
You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not use any forum available on the Service for advertising to, or solicitation of, other members to buy or sell any products or services.
Access and Interference
You will not use any device, software, or routine to interfere or attempt to interfere with any application, function, or use of the Service. You shall not decompile, disassemble, decrypt, extract, reverse engineer, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) enabling or underlying the Service. You shall not attempt to access the Service through any unapproved interface.
Fees for Service
Made Collection currently makes the Service available to you without charge, but retains the right to charge for the Service in the future, after providing reasonable notice. You are responsible for obtaining access to the website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
The Service and site, and all materials therein and transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and any other content are the proprietary information of Made Collection and its licensors. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property, including, without limitation, any intellectual property rights in any Made Collection or third-party content. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Made Collection under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Content posted on the service
You understand and agree that, to the extent it is able to do so, Made Collection may (but is not obligated to): review any content, communication, information, works of authorship, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is published, displayed, or transmitted (hereinafter, "posted") on or through the Service for other members or visitors, and delete any such Content for any reason in its sole discretion. You further understand and agree that Made Collection may take any action, including deletion of Content or the barring of access to the Service, in response to conduct or Content that in the sole judgment of Made Collection violates this Agreement or is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other members or third parties. You are solely responsible for the Content that you post on the Service.
By posting Content to any public or private network area of the Service ("Publicly Posted Content"), you grant to Made Collection an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use or exploit such Publicly Posted Content and to prepare derivative works of, or incorporate into other works, such Publicly Posted Content, and to grant sublicenses of the foregoing rights. In addition, you represent and warrant that you have the right to grant the foregoing license and to post the Publicly Posted Content and that you will not post any illegal or Prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights).
The following is a partial list of the kind of Content that is prohibited on the Service ("Prohibited Content"), which Made Collection may take into account in taking any action in its sole discretion, including actions to delete or prevent access to Content, to limit or bar access to the Site, or to terminate or limit any relationship between you and Made Collection or the Site. Made Collection reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision, including without limitation, removing Prohibited Content from the Service, notifying the appropriate authorities regarding and identifying the source of Prohibited Content and terminating the membership of such violators. Prohibited Content includes, without limitation, Content that: is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; bullies, harasses or advocates harassment of another person; includes "junk mail" or "chain letters"; promotes or contains information that you know, or should know, is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes or contains an illegal and/or unauthorized copy ("pirated") of another person’s copyrighted work (whether marked as such, or not); is obscene; exploits people under the age of 18; provides instructional information about illegal activities; undermines the quality, appeal, or usefulness of the Service; or solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other members, and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You may not post, distribute, or reproduce Made Collection in any way any copyrighted material, trademarks, or other proprietary information unless you have the right to do so. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. That means, at a minimum, you must 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; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Site of the material that you claim is infringing; your address, telephone number, and email 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 the law; and 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. Made Collection’s Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: firstname.lastname@example.org.
Terms of Sale
Products and Pricing. We attempt to provide accurate descriptions of Products and Services on the website. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on our site is not as described, your sole remedy is to return the item, as specified in this Agreement. All products listed on the website ("Products"), their information, and their prices are each subject to change. Made Collection reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Made Collection will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall promptly issue a credit to your credit card account in the amount of the charge.
For each Product you order on the website, you agree to pay the price applicable for the Product as of the time you submitted your order and the delivery fees for the delivery service you select, and any applicable Taxes (defined below). Made Collection will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes based on Made Collection’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase ("Taxes") not withheld by Made Collection. All payments are non-refundable, except as expressly set forth in these terms or on Product listing on the website. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
Made, in its sole discretion, may offer certain promotions on the site. ONLY ONE PROMOTIONAL OFFER PER ORDER AND CUSTOMER - PROMOTIONAL OFFERS CANNOT BE COMBINED OR TRANSFERED UNLESS SPECIFICALLY STATED. Discounts do not apply to gift cards or certificates, shipping and handling, or taxes. Discount will appear upon checkout and cannot be combined with other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems. Please read the official rules that may accompany each special offer, coupon, discount, contest and/or sweepstakes that we may offer or conduct for any specific or different rules associated with that specific special offer, coupon, discount, contest and/or sweepstakes.
On shipment of each Qualifying Order (defined below) your account will be credited with the number of Boom™ Points as may be posted from time to time (the "Boom Points"). A "Qualifying Order" means a purchase by you of certain stated qualifying Products (excluding gift cards or certificates) from our website, excluding those Products on Final Sale, excluding any shipping or handling fees, credits, coupons, or taxes, and provided that such order is not subsequently returned or exchanged. As your Boom Points accumulate, you may receive access to certain exclusive deals and offers offered by Made Collection. Boom Points may be redeemed only for the purchase of Products on the Site and may not be used for the purchase of gift cards or services. Boom Points are not transferable and may not be combined with Boom Points belonging to others. At no time may you purchase, sell or barter any Boom Points. Boom Points have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Boom Points do not constitute property and you do not have a vested property right or interest in the Boom Points. We will notify you when any Boom Points are posted to your account. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Boom Points program or to add or change Boom Points program rules, terms or conditions, including changing expiration periods or Boom Points values for existing or future Boom Points credits. We reserve the right to void Boom Points earned if we suspect that the Boom Points were earned in a fraudulent manner, in a manner that violates this Agreement, or in a manner otherwise not intended by Made Collection. The use of Boom Points is void where prohibited by law. Should there be any tax liability for the accumulation and/or use of Boom Points, such taxes are your sole responsibility. We will have no liability for any errors displayed in your account. If your account and/or membership is terminated for any reason, any Boom Points in your account may be cancelled, except as prohibited by law. Account balances are determined by Made Collection and such determination is final.
Refer a friend policy and customer coupons
Refer a Friend
We may offer members the ability to earn credits toward future purchases on the site when they invite friends to become members of the site and those friends make a qualifying purchase in the required timeframe. If we offer such a program, for every new member you invite ("Friend") to Made Collection through the designated program, you will receive a coupon, the value of which will be determined by Made Collection in its discretion ("Coupon"), or credit amount stated in promotional terms & conditions, to use after your Friend's first qualifying purchase has been shipped, such credit to be used only on your next purchase. You may only earn Coupons via our authorized member invite mechanism. Referrals outside of our authorized channels will not result in any Coupons. The Coupon has no value unless used for a purchase of products from our website and it cannot be used towards shipping, handling or gift certificates. The Coupon must be used for the purchase of a Product being sold on the website for greater than fifty US dollars ($50.00). Coupons may only be used once, and only one Coupon may be used per purchase transaction.. We have no liability for any failure of your internet service provider, email provider, or device (including computer or mobile device) to deliver any Coupons to you. The use of Coupons and/or referral credit program is void where prohibited by law. Only one Coupon is allowed per invited new member. Friends must join via clicking the link in the e-mail invitation or clicking on your personal invite URL to receive the Coupon. Friend can only accept one invite to Made Collection. If your Friend does not follow the directions in the invite email to accept the invitation, you may not receive credit, and we will have no liability to you for your Friend’s failure to follow directions. If a Friend accepts an invite from someone else, you will not be credited for that invitation. In connection with these promotions, which may change from time to time, any person that receives Coupons, prizes or other benefits by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any Coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law. We reserve the right to void referrals and credits earned if we suspect that the referrals or credits were earned in a fraudulent manner, in a manner that violates this Agreement, or in a manner otherwise not intended by Made Collection. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Made Collection, including by using any trademarks of Made Collection. If you use other sites, including without limitation, Facebook and Twitter, to recommend Made Collection, you will ensure that your use complies with their terms and conditions.
Coupons are only for use on product contained within our website and may not be used for the purchase of gift cards or services. Coupons have no cash value. Coupons are promotional in nature without any exchange of money or value from you. Coupons are not transferable to other accounts and as such, Coupons do not constitute property and you do not have a vested property right or interest in the Coupons. Coupons expire six months after the date of issuance. We reserve the right at any time with our discretion, and without prior notice, to discontinue the Coupons program or to add or change Coupons program rules, terms or conditions, including changing expiration periods or Coupons values for existing or future Coupons. Should there be any tax liability for the accumulation and/or use of credits, such taxes are your sole responsibility. We will have no liability for any errors displayed in your account. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, except as prohibited by law. Account balances are determined by Made Collection and such determination is final.
Subject to this Section, this Agreement will remain in full force and effect while you use the Service and/or are a member. You may terminate your membership at any time, for any reason by following the instructions on the "My Account" pages applicable at the time of your termination. Made Collection may terminate this Agreement, or suspend or terminate your access to the Service, effective upon sending notice to you at the email address you provide in your member registration or such other email address as you may later provide to Made Collection. Upon termination of this Agreement by either party, your right to access and use the Service will terminate immediately. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to our termination of this Agreement.
Membership Disputes and Release
You are solely responsible for your interactions with other members. Made Collection reserves the right, but has no obligation, to monitor, or take any action Made Collection deems appropriate regarding, disputes between you and other members. To the extent permitted under applicable laws, you hereby release Made Collection from any and all claims or liability related to: (a) any Content posted on the Service; (b) the conduct, whether online or offline, of any other member; and (c) termination or denial of access to or use of the Service.
You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
To the extent permitted under applicable laws, the Service and any Products or services you purchase through the Service are provided "As-is" and as available and Made Collection expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Made Collection does not guarantee and does not promise any specific results from the use of the Service or of any Products or services you purchase through the Service. Made Collection makes no warranty that the service will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free. You agree that Made Collection is not responsible for the timeliness, deletion, mis-delivery, or failure to store any communications or personalization or preference settings. Made Collection does not assume any obligation to monitor activities conducted on the Service.
To the maximum extent permitted by applicable law, Made Collection assumes no liability or responsibility for (i) any interruption or cessation or transmission to or from the service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any failure of your internet service or device (including a computer or mobile device) related to your use of the Services.
Made Collection does not warrant, endorse, guarantee or assume responsibility for any Product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Made Collection will not be a party to or in any way monitor any transaction between you and the third party providers of Products or services.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Limitation on Liability
To the extent permitted under applicable laws, Made Collection shall not be liable to you, or any third party, for any lost profits, indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Service or any Products or services you purchase through the Service, even if Made Collection has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Made Collection’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of (1) an amount equal to the amounts paid to you by Made Collection; and (2) Fifty U.S. Dollars (US $50). The existence of one or more claims will not serve to enlarge this limit. You acknowledge and agree that the limitations of Made Collection’s liability are (a) reasonable in light of your ability to use the service at the fees charged by Made Collection (if any), and (b) essential and fundamental parts of this agreement which are necessary to induce Made Collection to enter into this agreement.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold Made Collection, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or relating to: (a) your use of the Service, or (b) arising from your breach of this Agreement.
Governing Law and Arbitration
This Agreement shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. If a dispute arising under this Agreement results in litigation, the non-prevailing party will pay the court costs and reasonable attorneys’ fees of the prevailing party. Any dispute between the parties will be resolved by arbitration in Denver, Colorado, under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (but excluding the Supplementary Rules for Class Arbitrations) of the American Arbitration Association ("AAA"). The parties will share the costs of the arbitration equally. The AAA will appoint the arbitrator, who will not have the power to hear any consolidation, joinder, or class arbitration. You expressly agree to waive any right to a jury trial.
This Agreement contains the entire agreement between you and Made Collection regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, the parties agree that no person or entity (including any other member) shall be deemed a third-party beneficiary of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Made Collection to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
Copyright © 2012, Made Movement, LLC, all rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Service are our property or may be the property of third parties. Certain uses of Marks require the permission of the owner. If you are interested in using our Marks for any purpose, please contact email@example.com to determine whether such a use requires authorization.
Made Collection is located at 200 Pearl, Boulder, CO 80302. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
This Agreement was last updated on November 2012.