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TERMS OF WEBSITE USE AND SUPPLY (MISCHIEF)

This terms of use (with referenced documents) are the terms on which you may use (including accessing, browsing, or registering with) our website [wwwmadewithmischief.com] (our “site”), whether as a guest or a registered user. Please print a copy for future reference. 

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to our Privacy and Cookie Policy, dealing with our processing of any personal data we collect or you provide. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 

If you license products through this site, our EULA will apply, as well as these terms. 

INFORMATION ABOUT US

www.madewithmischief.com is a site operated by Made With Mischief, Inc. ("we" or “us”).  We are a company registered in  the Commonwealth of Massachusetts.

References to our “Group” means our ultimate parent entity, our parent and any subsidiaries or sister companies.

CHANGES TO THESE TERMS/OUR SITE

We can change these terms by amending this page. Please check this page from time to time to see the current terms which will be binding on you. 

We may update and change the content of our site from time to time. However, the content on our site may be out of date and we are under no obligation to update it. We cannot guarantee that our site or its content will be free from errors or omissions.

Your continued use of our site after changes have been made means you agree to be bound by these terms and our site as updated and/or amended.

ACCESSING AND USE OF OUR SITE

Non-commercial use: You may only copy, reproduce, republish, download, post, broadcast, transmit or otherwise use our site content for your own, personal, non-commercial use. You also agree not to adapt, alter, or create a derivative work from any of our site content (except for your Contributions), unless it is for your personal, non-commercial use. Any other use requires our prior express consent.

You commit to use our site content only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the site. Prohibited behaviour includes but is not limited to harassing or causing distress or inconvenience to any person, transmitting obscene, offensive or otherwise illegal content or disrupting the normal flow of dialogue through our site. We reserve the right to remove any content posted by you on our site or to our web community which breaches these rules without notice.

We do not guarantee or warrant that our site or its content will always be available or will be uninterrupted, or error free, that defects will be corrected or that the server which makes the site available is free of viruses or bugs.  We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

YOUR STATUS, ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. 

We have the right to disable any user identification code or password at any time, if in our reasonable opinion you do not comply with these terms.

You warrant to us that, if you are a natural person, you are acting in your own right, are 18 years old (or the age of legal majority in the jurisdiction where you live) and have the capacity to enter legally binding contracts. If you are less than 18 years of age (or the age of legal majority in your jurisdiction), your parent or guardian warrants that you are at least 13 years old and you have their consent to use this site, make Contributions and license our Products.

INTELLECTUAL PROPERTY RIGHTS

Subject to the terms on Contributions, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved. 

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. 

You must not use any part of the content on our site for commercial purposes without accepting our EULA and these terms.

The names, images and logos identifying us or third parties or respective products or services are protected by trademarks, copyright and design rights (“Branding”). Nothing contained in these terms confer (by implication, estoppel or otherwise) any licence or right for you to use such Branding. 

CONTRIBUTIONS

If you wish to contribute content, including images, photos, artwork, video, applications or other digital content (a “Contribution”) to our site and our web community, you can do this through your user account http://www.madewithmischief.com/sign-up. 

We will attribute or credit you as the author of the Contribution, based on the Display Name which you created for your profile when opening an account with us.

All intellectual property (“IP”) rights and other rights in the Contribution will remain your property. You warrant that the Contribution is your own property, does not infringe the IP or other rights of any third party, has not been copied or plagiarised and does not use or incorporate anyone else’s trade mark or trading name. We can disclose your identity to any third party who claims that your Contribution infringes their IP or other rights. You further represent and warrant that any Contribution shall not (a) be deceptive, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) contain any viruses, worms or other malicious computer programming codes able to damage the site. 

By submitting a Contribution, you grant to us a worldwide, unrestricted, royalty-free license to use the Contribution on our site and in our web community. If you delete the Contribution from your account, this will terminate any license to use it. We can terminate the license at any time with immediate effect without notice and will then remove the Contribution from our site.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Contribution you submit, your use of the site, your violation of the Terms, or your violation of any rights of another.

LIMITATION OF OUR LIABILITY

All content on this site is provided “as is” and on an “as available” basis without any representations or any kind of warranty, whether express or implied, including but not limited to warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security or accuracy.

We do not exclude or limit our liability for death or personal injury due to our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of the Commonwealth of Massachusetts.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise and whether direct, indirect or consequential, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site. In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; or loss of business opportunity, goodwill or reputation.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility or liability for the content of websites linked on our site. 

Please see our EULA for liability relating to our products.

SUPPLY OF PRODUCTS

These terms, our EULA and the terms of Fastspring (if you have purchased our products through Fastspring, http://www.fastspring.com/purchasing-through-fastspring.php) and Mac Apple Store (if you have purchased our products through the Mac Apple Store, http://www.apple.com/legal/internet-services/itunes/) (“Terms”) are the terms on which we supply and license our products (“Contract”), to the exclusion of any other terms. Before placing an order you will be asked to accept these terms. If you do not do so, we will not be able to supply our products to you.

Licenses keys for purchased products will be issued for products on receipt of payment.

VIRUSES AND OTHER IMPERMISSIBLE CONDUCT

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.  In addition, you agree not to use, or encourage or permit others to use, the site to (a) stalk and/or harass another; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers to disguise the origin of any content posted on or transmitted through the site; (e) use the site or content such that it will mislead a third party into believing that he or she is interacting directly with us; (f) engage in any chain letters contests, junk e-mail, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); (g) use our domain name as a pseudonymous return e-mail address; (h) access or use the site in any manner that could damage, disable, overburden or impair our server or the networks connected to our server; or (i) market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by us.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the site;

d. your address, telephone number, and email address;

e. a 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;

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent
c/o Made With Mischief, Inc.
5 Golden Square
London
W1F 9HT
United Kingdom

By phone: +44 20 7479 4350

By fax: +44 20 7434 2526

By email: info@madewithmischief.com

GENERAL

If any of these terms are determined to be illegal, invalid or otherwise unenforceable under the law of any country or state in which they are intended to be effective, then to that extent in the relevant jurisdiction, it or they shall be deleted, with all remaining terms surviving, remaining in full force and effect and continuing to be binding and enforceable.

These terms of use and supply, any Contract based on them and any non-contractual disputes or claims are governed by the laws of the Commonwealth of Massachusetts and we both agree to the -exclusive jurisdiction of the courts Middlesex County, Commonwealth of Massachusetts. 

CONTACT US

To contact us, please use this email form http://www.madewithmischief.com/contact-us.

This Terms of Website Use and Supply was last revised on November 10, 2014.