These Terms & Conditions apply to Made for Retail Inc’s website (the “Site”) located at www.madeforretail.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms & Conditions appear or are linked.
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site.
All content included on the Site, such as text, graphics, logos, images, data, software, Application updates and other material is owned or licensed property of Made for Retail Inc., its customers or its suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of Made for Retail, Inc., its customers and its suppliers expressly reserve all intellectual property rights in all Content.
License & Access
Made for Retail, Inc. grants you a limited license to access and make personal use of the Site and the Content for non-commercial purposes only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “Unlawful or Prohibited Uses” listed in these Terms & Conditions. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions.
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Made for Retail, Inc that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, you may not:
- make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions or images;
- download, copy or transmit any Content for the benefit of any commercial purpose;
- frame, mirror or use framing techniques on any part of the Site without Made for Retail Inc’s express prior written consent;
- use any meta tags or any other hidden text utilizing Made for Retail Inc’s name or marks;
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- conduct fraudulent activities on the Site;
- violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the site) or to the Site (impersonating another user);
- send unsolicited or unauthorized email on behalf of Made for Retail, Inc;
- tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
- use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- harvest or collect personally identifiable information about other users of the Site;
- restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- use the Site to advertise or offer to sell or buy any goods or services;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of or access to the Site;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
- remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Modification & Termination
Made for Retail, Inc. may at any time modify or discontinue any part of the Site or offer opportunities to some or all Site users. Made for Retail, Inc. reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Made for Retail, Inc. reserves the right, without notice and at its sole discretion, to terminate your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
The Site offers opportunities for you to communicate with Made for Retail, Inc. electronically. By using any of the Site’s communication features, you consent to receive electronic communications from Made for Retail, Inc.
If you sign up to receive the newsletter, Made for Retail, Inc. may use your email address to send you information about products or services. You can opt out of these at any point and you can ask for personal data to stop being recorded at any time.
Disclosure of Personal Data
Made for Retail, Inc. may disclose your personal data:
- To other companies within its group.
- If the company is sold.
- To agents and service providers.
- In cases where we are required by law to pass on information or if we believe action is necessary for fraud, cybercrime or to protect the website, rights, personal safety of person/s.
We may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by Made for Retail, Inc. or one of its affiliates and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Site\ or any related software.
Made for Retail, Inc’s name and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Site are trademarks or trade dress of Made for Retail, Inc. in the U.S. and other countries.
Disclaimers of Warranties
Made for Retail, Inc. cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks) or otherwise meet your requirements.
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Made for Retail, Inc. and its respective employees, directors, officers, customers and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MADE FOR RETAIL, INC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, CUSTOMERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Made for Retail, Inc. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Made for Retail Inc.’s rights with respect to such breach or any subsequent breaches. Made for Retail, Inc. will not be responsible for failure to fulfill any obligation due to causes beyond our control.