Terms of Service
Article 1 Terms
- 1.1 The following Terms of Service govern all use of the madeuk.studio website and all content and Services available at or through the website.
- 1.2 The Website and Services are owned and operated by Made Holdings Ltd.
- 1.3 You must be over 18 years old in order to use our Services.
- 1.4 Our Services are offered subject to your acceptance without modification of all of the Terms of Service contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Made™.
- 1.5 Please read the Terms of Service carefully before accessing our Services.
- 1.7 We encourage you to review the Website and these Terms of Service periodically for any updates or changes.
Article 2 Registration
- 2.1 Only registered Users may purchase themes on our Website.
- 2.2 Once you are registered, you have your own account.
- 2.3 You may register on our Website by providing the following personal information: Your name, Email address, Username and Password.
- 2.4 You consent to our access to and collection of such personal information about you.
- 2.6 Once you are registered, you may login to your Account with your Username and password.
- 2.7 You are responsible for maintaining the security of your password and Account.
- 2.8 You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account.
- 2.9 You must immediately notify Made™ of any unauthorised uses of your Account or any other breaches of security.
- 2.10 Made™ will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- 2.11 During the sign-up process, you may also select the option of receiving Email offers from us.
Article 3 Intellectual Property
- 3.1 The Terms of Service does not transfer from Made™ to you any of our or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Made Holdings Ltd.
- 3.2 The Made™ logo and all other trademarks, Service marks, graphics and logos used in connection with the Website are trademarks of Made Holdings Ltd.
- 3.3 Our Website may contain our Service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos.
- 3.4 Your use of our Website does not constitute any right or license for you to use such Service marks/trademarks, without the prior written permission of the corresponding Service mark/trademark owner.
- 3.5 Our Website is also protected under international copyright laws.
- 3.6 The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited.
- 3.7 Your use of our Website does not grant you ownership rights of any kind in our Website.
Article 4 Copyright Infringement
- 4.1 As Made™ asks others to respect its intellectual property rights, it respects the intellectual property rights of others.
- 4.2 If you believe that material located on or linked to by Made™ violates your copyright, you are encouraged to notify Made™ at [email protected].
- 4.3 Made™ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
- 4.4 Made™ will terminate a User's access of the Services as described in ARTICLE if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Made Holdings Ltd. or others.
Article 5 Licence
- 5.1 We have decided to make our themes available to our Users pursuant to the GPL license, which means you can share them, alter them, reproduce them or repurpose them for your own use.
- 5.2 You are however bound by the terms of the GPL license as described HERE.
Article 6 Responsibility
- 6.1 You agree to provide accurate and complete information about yourself and to maintain and update that information.
- 6.2 If the information you provide is untrue, inaccurate, incomplete or not current, we reserve the right, in our sole discretion, to suspend or terminate your Account.
- 6.3 You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.
- 6.4 When using our Website, you shall not:
- Take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.
- Interfere with the proper working of the Services we provide or any activities conducted on the Services.
- Attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services.
- Run any form of auto-responder or 'spam' on the Services.
- Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the site.
- Otherwise take any action in violation of our guidelines and policies.
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction.
- Modify, translate, or otherwise create derivative works of any part of the Services.
- Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
- Act in such a way that the Services are damaged, interrupted or made less efficient.
- Manipulate or abuse the Services, or act in such a way that it creates an unreasonable strain on the Services.
Article 7 Permissions
- 7.1 The following actions/activities are not permitted on our Website:
- Content: You may not use any of our themes in a way that infringes any third party right or violates any law or contractual duty.
- Fraud/Unlawful use: You may not use our Website for any unlawful purposes or to conduct illegal activities.
- Multiple accounts: To prevent fraud and abuse, Users are limited to one active account and any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Made™ community will be disabled.
- Selling accounts: You may not buy or sell Made™ accounts.
- 7.2 You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.
- NOTE: Any violations to the Terms of Service is cause for permanent suspension of all accounts.
Article 8 Security
- 8.1 You are responsible for maintaining the security of your Account.
- 8.2 You must immediately notify us of any unauthorised uses of your Account or any other breaches of security.
- 8.3 If you have a suspicion that someone has unauthorised access to your Account, you must immediately notify us at [email protected].
- 8.4 You will shortly after receive a confirmation from our support team that they are investigating the issue.
- 8.5 Any attempt at unauthorised access (i.e. hacking) to the Website or any of our servers is illegal and will be prosecuted.
- 8.6 We are entitled to block or close your Account if such unauthorised access happens through your Account or with the use of your passwords.
Article 9 Pricing
- 9.1 We offer three payment plans: Starter, Developer and Lifetime.
- 9.2 The Starter plan grants you access to the theme/plugin of your choice for one year.
- 9.3 The Developer plan grants you access to all themes and plugins for one year.
- 9.4 The Lifetime plan grants you access to all themes and plugins forever.
- 9.5 You will get access to theme updates and support for one year.
- 9.6 Your yearly subscription starts the day that you purchase the Developer plan and as soon as you input your selected Payment Method, you will be charged the price as described in PRICING.
- 9.7 Your yearly subscription is automatically renewed at the end of your subscription period (Starter & Developer plans only).
- 9.8 Our Payment Processor, will send you an Email 15 days prior to the end of your subscription as well as 7 days prior to the end of your subscription to verify that you wish to renew your subscription.
- 9.9 If you do not wish to renew your subscription, and you haven't received the Email containing instructions on how to cancel your subscription, contact us at [email protected] and we will cancel the subscription for you.
- 9.10 If you receive this Email and you do not wish to subscribe to our Services for another year, you may cancel your subscription through your Account or you can contact us at [email protected] and we may handle the cancelation for you.
- 9.11 In the event that you purchase one of our plans and you are not satisfied with our Services, you may request a refund up to 30 days following your purchase by contacting us via [email protected].
- 9.12 At the expiration of the 30-day period, you understand and agree that no refunds shall be available.
Article 10 Payment
- 10.1 We use a third-party payment processor to bill Users.
- 10.2 Each User can pay the fees due via our Website and the processing of payments shall be subject to the terms, conditions and privacy policies of our payment processor in addition to our Terms of Service.
- 10.3 We are not responsible for error or delays by the payment processor.
- 10.4 By placing an order for the purchase of one of our plans, you agree to pay us, through the payment processor, all charges at the prices stated for the applicable order.
- 10.5 You further authorise us, through the payment processor, to charge your chosen payment provider and you agree to make payment using that selected payment method.
- 10.6 Τhe terms of your payment will depend on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
- 10.7 Your non-termination or continued use of the Services authorises us to charge you, via your selected Payment Method as described in Article 9.
Article 11 Termination
- 11.1 You have the right to terminate our Services at any time by terminating your Account.
- 11.2 If you wish to terminate your Account, you may do so by following the instructions on the Website.
- 11.3 Any fees paid to us hereunder to us are non-refundable notwithstanding Article 9.
- 11.4 We continue to keep saved your personal information and data after termination of your use of our Services, however you have the right to request that we delete all your personal information and data from our system.
- 11.5 As soon as you notify us via Email and after we send you a confirmation of receipt of your request, your information shall be marked as deleted in the system.
Article 12 Suspension
- 12.1 In the event that the User is in breach of any laws or our Terms of Service, Made™ shall instantly abrogate the User's Account without notice and reserves the right to take any action as it considers appropriate, desirable or necessary, including but not limited to taking legal action against such User.
- 12.2 Made™ reserves the right at any time to immediately terminate or suspend any User's Account or access to the Website without notice, where Made™ is of the opinion that the User has breached any of Terms of Service or violated any law or regulation, and to take further action as Made™ in its sole discretion considers appropriate, desirable or necessary without liability to make any refund of amounts paid.
- 12.3 Made™ shall have the sole and absolute discretion to decide whether the User has breached any of the Terms of Service, and such decision shall be final.
- 12.4 In case Made™ has not exercised the right under this paragraph, it shall not be deemed to be a waiver.
- 12.5 Users with disabled Accounts will not be able to purchase themes on our Website.
- 12.6 Users who have violated our Terms of Service and had their Account disabled may contact our customer support team at [email protected] for more information surrounding the violation and status of the Account.
Article 13 3rd Party Sites
- 13.1 This Website may contain links to sites owned or operated by third parties.
- 13.2 Such links are provided for your reference only and we do not control such sites and we are not responsible for their content.
- 13.3 We reserve the right to terminate a link to a third party site at any time and the fact that we provide a link does not mean that we endorse, authorise or sponsor that site.
Article 14 Service Disclaimer
- 14.1 We will make all reasonable efforts to ensure that the Website is available at all times.
- 14.2 We cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free.
- 14.3 The Website may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website.
Article 15 Limitation of Liability
- 15.1 Made™ does not guarantee any results from using the Service.
- 15.2 Our themes are not suitable for generic website development.
- 15.3 Our Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk.
- 15.4 To the maximum extend permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- 15.5 No advice or information, whether oral or written, obtained by you from Made™ or through our Services will create any warranty not expressly stated herein.
- 15.6 Without limiting the foregoing, Made™, it's subsidiaries, its licensors and affiliates, do not warrant that the content is accurate, true, reliable, correct or complete, that the Service will meet your requirements, that the Service will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected or that the Service is free of harmful components.
- 15.7 Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
- 15.8 In no event shall Made™, it's officers, directors, employees or agents, be liable to the User for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever.
- 15.9 This limitation on liability includes, but is not limited to:
- Personal injury or property damage, of any nature whatsoever, resulting from your use of the website.
- Any loss or damage due to unauthorised access to or use of our serves and/or any and all personal information stored therein.
- Any loss or damage due to interruption or cessation of transmission to or from our website or interoperability problems.
- Any loss or damage due to bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party.
- Any errors or omissions in any content.
- Any defamatory, offensive, or illegal conduct of any third party.
- Any statement or conduct of any third party on the website.
- Any loss or damage resulting from your use, or inability to use, any portion of our website or for any loss or damage of any kind in your data.
- Any loss of your revenue, profits or goodwill.
- 15.10 The limitations on liability apply whether liability is based on warranty, contract, tort, or any other legal theory, and whether or not Made™ is advised of the possibility of such damages.
- 15.11 You understand and agree that Made™ is not responsible for any technical issues, any kind of damage as described in the above paragraph, or loss of data occurred during the implementation and integration of our themes to the servers, carried out by hosting service companies.
- 15.12 Made™ has no control over the hosting service of Users websites and disclaims any liability in this regard.
Article 16 Indemnification
- 16.1 You agree to indemnify and hold harmless Made™, its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of these terms.
- 16.2 You agree to defend, indemnify and hold Made™ and any affiliated Made™ or individual, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with:
- The use of the Website or your placement or transmission of any message or information on this Website by you or your authorised users.
- Your violation of any of the Terms of Service
- Our violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights.
- Our violation of any law, rule or regulation
- Any claim or damages that arise as a result of any submission or Communication that you provide to Made™.
- Any other party's access and use of the Website with your unique username, password or other appropriate security code.
Article 17 Assignment
- 17.1 Made™ reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction.
- 17.2 You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of Made™.
- 17.3 To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).
Article 18 Modification
- 18.1 Made™ may amend these Terms of Service at any time by posting a revised version on the Website.
- 18.2 Each revised version will state its effective date, which will be on or after the date posted by Made™.
- 18.3 If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice.
- 18.4 Notification will be provided through the Website user interface, or be sent to the Email address associated with your Account or otherwise; or you will be asked to opt-in or otherwise expressly agree to the changes or a version of these Terms of Service incorporating the changes.
Article 19 General Terms
- 19.1 These Terms shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.
- 19.2 All terms, conditions and warranties in these terms are essential terms and a breach or non performance hereto of any terms, conditions, warranties, schedules hereof shall entitle Made™ to either terminate your Account and claim damages or terminate without any claim for damages or claim damages without terminating your Account.
- 19.3 No failure or delay by Made™ in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
- 19.4 Termination of the Account shall not affect the accrued rights of Made™ arising in any way out of these Terms of Service as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these Terms of Service which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.
- 19.5 If any of the provisions of these Terms of Service become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms of Service is not affected in any manner materially adverse to any party.
- 19.6 Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Last Modified: July 21, 2017