Last Updated: April 28, 2023
These MADE BY COMPUTER™ TERMS OF USE (this “Agreement”) are entered into by and between Made By Computers (MBC) and the individual accessing the Product as defined below (the “User” or “You”). Each of MBC and User are referred to as a “Party” and are collectively referred to as the “Parties” within this Agreement.
BY LOGGING INTO, ACCESSING, VIEWING, DOWNLOADING, OR OTHERWISE USING ANY PART OF THE PRODUCT (AS DEFINED BELOW), USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE USER SHALL INDICATE NON-ACCEPTANCE, MBC WILL, IF APPLICABLE, PROMPTLY INACTIVATE USER’S ACCOUNT, AND USER SHALL NOT ACCESS OR USE ANY PART OF THIS PRODUCT.
MBC reserves the right, at its sole discretion, to change, modify, add/or delete portions of this Agreement at any time without further notice. If MBC does this, it will post the changes to this Agreement on this page and will indicate at the top of this page the date upon which the most recent version of this Agreement became effective. User’s continued use of the Product (defined below) after any such changes constitutes User’s acceptance of the new Agreement.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in MBC products and services, including but not limited to the MBC website and MBC labels (together, the “Product”) is owned, controlled or licensed by or to MBC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Product and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MBC's express prior written consent.
You may use information on MBC Products (such as labels and similar materials) purposely made available by MBC for downloading from the website, provided that you conform to the Creative Commons Attribution-ShareAlike 4.0 International License assigned.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Product or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Product or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Product. MBC reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Product, or any other systems or networks connected to the Product or to any MBC server, or to any of the services offered on or through the Product, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Product or any network connected to the Product, nor breach the security or authentication measures in the Product or any network connected to the Product. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Product, or any other customer of MBC, including any MBC account not owned by you, to its source, or exploit the Product or any service or information made available or offered by or through the Product, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Product.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Product or MBC's systems or networks, or any systems or networks connected to the Product or to MBC.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Product or any transaction being conducted on the Product, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MBC on or through the Product or any service offered on or through the Product. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Product or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MBC or others.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Product, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Product or for any service offered on or through the Product, the latter terms shall control with respect to your use of that portion of the Product or the specific service.
MBC's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing in this Product should be construed to alter such agreements.
MBC may make changes to any features or services offered in the Product, or to the applicable prices for any such features or services, at any time, without notice. The materials in the Product with respect to features and services may be out of date, and MBC makes no commitment to update the materials in the Product with respect to such features and services.
The following terms also govern and apply to your use of the Product, and they are incorporated herein by this reference:
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on MBC's website.
Certain features or services offered on or through the Site may require you to open an account (including setting up an MBC ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify MBC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MBC or any other user of or visitor to the Product due to someone else using your MBC ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s MBC ID, password or account at any time without the express permission and consent of the holder of that MBC ID, password or account. MBC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You represent and warrant to MBC that:
Violation of any of these representations is cause for MBC to suspend and/or terminate your access to the Service immediately and without notice.
MBC's Privacy Policy applies to use of its Product, and its terms are made a part of these Terms of Use by this reference. To view MBC's Privacy Policy, click here. Additionally, by using the Product, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Product may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
The Product may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under MBC's control, and MBC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement for any reason upon thirty (30) days' prior notice to MBC. MBC reserves the right, in its sole direction and without prior notice, at any time and for any reason to:
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER’S SOLE RISK. MBC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES MBC MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. USER ACKNOWLEDGES THAT MBC DOES NOT CONTROL THE ACTIONS OF OR CONTENT SUBMITTED BY OTHER USERS OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING, BUT NOT LIMITED, TO THE INTERNET, AND THAT SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MBC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OR PERFORMANCE, IN RELATION TO THE SERVICE. THE ADVICE, RECOMMENDATIONS, INFORMATION, AND CONCLUSIONS POSTED OR EMAILED BY OTHER MEMBERS OF THE SERVICE ARE NOT IN ANY WAY VETTED, APPROVED OR ENDORSED BY MBC, AND USER’S USE OF SUCH INFORMATION IS AT USER’S OWN RISK.
Except where prohibited by law, in no event will MBC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MBC has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, MBC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, MBC's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Product paid in the six months prior to the date of the initial claim made against MBC, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold MBC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MBC by any third party due to or arising out of or in connection with your use of the Product.
A. Notification. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
B. MBC Copyright Agent. MBC’s designated Copyright Agent for notice of claims of infringement is:
Email: copyright@madebycomputers.com
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MBC's customer service through . You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
C. Counter Notification. If you believe that any User Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Content, you may send a counter notification containing the following information to the Copyright Agent:
Email: copyright@madebycomputers.com
D. Counter Notification Process. If a counter notification is received by the Copyright Agent, MBC may send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, MBC may, in its sole discretion, reinstate the removed material or cease disabling such material.
E. Access. In accordance with the DMCA and other applicable law, MBC may, in appropriate circumstances, terminate access, at MBC's sole discretion, of any User that MBC finds to be a repeat infringer of others’ copyrights. MBC may also, in its sole discretion, limit or fully terminate access to the Product of any user infringing the intellectual property rights of others, regardless of whether such User is a repeat offender or not.
For the avoidance of doubt, MBC shall not recognize copyright claims filed by individuals on behalf of individuals or organizations with which they have no affiliation.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered in the Product, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and MBC with regard to your use of the Product, and any and all other written or oral agreements or understandings previously existing between you and MBC with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with MBC, MBC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. MBC's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by MBC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between MBC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
4/28/2023: Initial version published.