PLEASE READ CAREFULLY. THE FOLLOWING CONSTITUTES A LEGAL AND BINDING CONTRACT BETWEEN YOU AND MADE URBAN
Use of Website and Services
Made Urban, including its affiliates and subsidiaries (collectively, “Made Urban”, “we”, “us” or “our”), grants you a limited, gratuitous and revocable non-exclusive license to view and access the website located at www.madeurban.com and www.madeurban.ca (collectively the “Website”) and to access and use our services on the Website (the “Services”), subject to your unconditional acceptance of and compliance with these Website Terms and Conditions (the “Terms”). By accessing or using the Website or the Services, you are agreeing to and accepting these Terms. If you do not agree with these Terms do not access or use the Website or the Services. If you violate any of these Terms, your permission to use the Website and the Services automatically terminates.
The Website is a venue for the buying and selling of local handmade goods (“Goods”) and the interaction of individuals who use the Website and Services (or the parent/legal guardian of individuals under 18 years of age who use the Website and Services) (“Users”). Made Urban is not directly involved with, accepts no responsibility and shall not be held liable for, any transaction between Users who wish to offer and sell Goods (“Sellers”) and Users who wish to buy Goods (“Buyers”), or any associated agreements made between Buyers and Sellers. We accept no responsibility for the control over the quality, safety, morality, integrity, accuracy or legality of the Goods listed on the Website. Made Urban does not pre-screen or investigate its Users or the Goods, content or information provided by Users, and therefore cannot guarantee the authenticity of a User or ensure that Users will act in a legal or ethical manner. You use the Website and the Services at your own risk.
All content provided on Made Urban’s NEWS page is for informational purposes only. Made Urban makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site.
Made Urban will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.
Made Urban reserves the right to update and change these Terms from time to time, including without limitation the Privacy Statement for the Website, which is incorporated herein. Updates and changes to these Terms will be posted on the Website. Your use of the Website or the Services after changes to the Terms constitutes acceptance of any changes. It is therefore important that you regularly review these Terms.
Please note that there are risks in using the Website and Services, including but not limited to the risks of physical harm, fraud or misrepresentation, whether a result of dealing with strangers acting under false pretences, or otherwise. Please choose carefully the information you post on this Website. You assume all risks associated with dealing with other Users and third parties, whether via the Website, in person or otherwise. We encourage Users to report any suspicious behavior or misuse of the Website to us.
Privacy and Personal Information
Made Urban is very concerned about your privacy. As such, you agree to abide by the terms of the Privacy Statement. Any personal information submitted by you to Made Urban will be subject to the Privacy Statement.
The Services are only available to individuals who are 18 years of age or older and can legally form binding contracts. Individuals who are less than 18 years of age may participate only in conjunction with and under the supervision of a parent/legal guardian during all activities related to the Website and Services. In such circumstances, the parent/legal guardian is the User and shall be subject to these Terms.
In order to sell Goods on the Website, Sellers must register and set up a free account (“Account”), which requires that the Seller is at least 18 years of age. The registration process requires you to provide certain information to Made Urban, which may include personal information. You agree to provide true, accurate, current and complete information about yourself and to promptly update this information as required to keep it true, accurate, current and complete. If, after investigation, we have reasonable grounds to suspect that your information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and prohibit any or all use of the Website and the Services by you.
User id and Password.
On registration, you will create a user id and password to enable you to access and use certain Services. You agree to keep your user id and password confidential and secure. You shall immediately notify Made Urban of any unauthorized use of your user id and password as soon as you become aware of the same. Made Urban shall not be liable, in any way, for any loss or damage of any kind or nature suffered by you or any third party due to access to the Website as a result of someone obtaining your user id and password directly or indirectly from you. You are responsible for all activities that occur on the Website through the use of your user id and password when your user id and password is obtained directly or indirectly from you, whether or not such use was authorized.
Listing of Goods.
Sellers may only post listings for and offer for sale Goods that they are legally entitled to sell. Sellers’ descriptions and photos of Goods must be accurate and listed under the appropriate category and subcategories on the Website. Sellers are encouraged to create and post a list of policies governing the sale of their Goods. Users are responsible for enforcing their own policies, and such policies must conform to these Terms. In the event of a conflict between such policies and these Terms, these Terms shall govern.
Transactions between Buyers and Sellers may be made through PayPal, unless otherwise agreed to between Seller and Buyer. Made Urban is not responsible for the content, operation or functionality of PayPal, and all use of PayPal services is subject to PayPal policies. Made Urban does not represent either Buyers or Sellers in a transaction, and holds each party responsible for fulfilling the arrangement for the sale of Goods.
Taxes and Compliance with Laws.
Sellers agree and acknowledge that they shall pay and are responsible for all applicable taxes and fees imposed on or arising out of any activity relating to the sale of Goods or other use of the Website or Services. Sellers further agree and acknowledge that they shall obtain all applicable certifications and authorizations and shall comply with applicable laws relating to the sale of Goods. Sellers are responsible for determining which laws and regulations apply to them and their Goods, and are responsible for ensuring that their sale of Goods and use of the Website and Services complies with those laws and regulations.
Made Urban currently offers a free basic membership. We reserve the right to change the fees for Seller Accounts at anytime with advance notice.
Your Account will continue in effect until you close your free account or we terminate it.
As with many services on the Internet, the Services may change to reflect changes in Made Urban’s business focus, developing business models, changes in technology and changes in customer tastes. Therefore, Made Urban may, in its sole discretion, alter, add to and delete from the Services at any time. When it is able, Made Urban will provide notice of the changes. However, Made Urban reserves the right to change the Services without notice. As well, Made Urban reserves the right to terminate all of the Services by providing 90 days notice of termination. You agree to bear all risks, costs and damages that you may incur or suffer as a result of any changes to or the termination of the Services. Made Urban reserves the right to establish the type and amount, if any, of support that it will provide in relation to its Services and the times that the support will be available. Unless you are otherwise notified, all new or amended services relating to the Website will be subject to these Terms.
Ownership and Intellectual Property
Made Urban or its service providers own all right, title and interest in the Website, and you acquire no right, title or interest therein. Certain content on the Website is protected by copyright. All rights are reserved except as stated in these Terms. Any unauthorized use, reproduction, alteration, publication, dissemination, modification or distribution of such copyrighted content is strictly prohibited. All moral rights are reserved and not waived. Except as otherwise set out herein, you will not remove or alter any copyright, trademark or other proprietary notices from the Website or the content thereof.
All of the brands, names and related words and logos of Made Urban are trademarks and/or trade names of Made Urban (the “Made Urban Trademarks”). Sellers are permitted to use the Made Urban Trademarks on business cards, promotional items and other advertising materials, provided such use is:
- only in association with and in reference to Made Urban’s services, and not in association with or reference to the Seller’s or another party’s goods or services;
- limited to the original, unaltered, non-distorted versions of the Made Urban Trademarks;
- not misleading or objectionable in any way in our sole discretion; and
- not in a manner that will be likely to confuse the public as to the Seller’s relationship with Made Urban.
The names of other companies, products or services referred to on the Website may be trademarks or trade names of their respective owners, all rights reserved. Any unauthorized use of the trademarks or trade names of Made Urban or of third parties is strictly prohibited.
Links to Third Party Websites
Certain links on this Website lead to websites operated or made available by entities other than Made Urban, whether reached through a link on this Website, or otherwise (“Third Party Websites”). Third Party Websites are maintained or made available by independent parties over which we have no control, notwithstanding any affiliation or other relationship we may appear to have with such Third Party Websites. Links to Third Party Websites are included in the Website for purposes of convenience only. Made Urban does not make or give any representations, guarantees, conditions or warranties as to the accuracy or any other aspect of the information or contents contained on or available through any Third Party Websites, including any data, information, documents, materials, records, goods or services sold or made available. We disclaim all liability and responsibility for the content of any Third Party Websites. Any personal information about you or any other individual collected, used or disclosed by or in connection with the Third Party Websites will be subject to the privacy policies of the owners or operators of such Third Party Websites, and not Made Urban. Nothing in these Terms or your use of the Website grants you any rights or authorizations with respect to any Third Party Website.
You may not frame this Website or link to this Website without our express permission. If you wish to link to this Website please contact us at firstname.lastname@example.org.
Appropriate Conduct, User Representations and Warranties
As used herein, “Content” means any text, data, software, music, sound, photograph, graphic, video, message, or material, whether publicly posted, or privately transmitted via the Website, and includes text or data entered into and stored by publicly-accessible site features such as postings. You agree that you are responsible for your own conduct and any Content that you or anyone using your Account creates, transmits or displays when using the Website or the Services (“Your Content”) and for any consequences thereof.
When you create or make available Your Content, you thereby represent and warrant that:
- You own or have sufficient rights to post Your Content posted by, on or through the Website;
- The posting of Your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
- Your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
- Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of Canada, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule;
- Your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any law concerning child pornography or otherwise intended to protect the health and wellbeing of minors;
- Your Content does not violate any law designated to regulate electronic advertising;
- Your Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Made Urban. or others computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
- Your Content does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
- Your Content does not otherwise violate, or link to material that violates these Terms;
- Your Content does not contain material that endorses or promotes racism, bigotry, hatred, or physical harm of any kind against another group or individual; and
- Your Content does not contain material that discriminates, incites harassment or advocates harassment of any group or individual.
No Unlawful or Prohibited Use
In addition to complying with these Terms, you agree to access and use the Website and the Services for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Third Party Websites in any manner that could damage, disable, overburden, or impair the Website or Third Party Websites or interfere with any other party’s use or enjoyment of the Website or Third Party Websites.
You may not access or use the Website or the Services for any purpose other than that for which Made Urban makes the Website and the Services available. Certain activities, even if legal, may violate the common rules of etiquette governing Content, as determined by Made Urban in its sole discretion. Without limiting any other remedies, Made Urban may suspend or terminate your Account if we suspect that you have engaged in unlawful activity in connection with the Website or the Services. In addition, Made Urban reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in Made Urban’s sole discretion, violates this provision. Prohibited activity includes, but is not limited to:
- Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets;
- Transmitting chain letters or junk mail to other Users;
- Using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any User without such User’s prior explicit consent;
- Engaging in automated use of the Website or Services, such as using scripts to send comments or messages;
- Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website, including, without limitation, hacking into the Website;
- Attempting to impersonate another User or person;
- Using the user id or password of another User or person;
- Selling or otherwise transferring your profile; and
- Using any information obtained from the Website to harass, abuse or harm another person.
Any disputes involving one or more Users of the Made Urban site, should be resolved between parties. Made Urban has no obligation to resolve any disputes between Users or between Users and other parties. In the event of a dispute, you agree to release Made Urban (and its directors, officers, employees, agents, and affiliates) from any claims, demands and damages of every kind of nature, arising out of or in any way connected with such disputes.
YOU AGREE TO INDEMNIFY AND FOREVER HOLD MADE URBAN AND ITS SERVICE PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES, YOUR BREACH OF THESE TERMS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Disclaimer of Warranties
By operating the Website, Made Urban does not represent or imply that Made Urban endorses any Goods, Content or any other materials or items available on or linked to by the Website, including without limitation content hosted on Third Party Websites, or that Made Urban believes any Content or any other materials or items to be accurate, useful or non-harmful.
You agree and acknowledge that your use of the Website and the Services is at your sole risk, and that the Website and the Services are provided on an “as is”, “as available” and “when available” basis. Made Urban and its service providers disclaim any and all warranties, guarantees, representations or conditions with respect to the Website or the Services, whether express or implied, including without limitation, any warranty of merchantability, satisfaction, fitness for a particular purpose, completeness, accuracy, reliability, quality, timeliness, uninterrupted use, title and non-infringement, or that access to the Website or the Services shall be uninterrupted or error free, or available at all.
The downloading, reading and review of any material from the Website or Third Party Websites is and will be done solely at your own risk. Made Urban does not give any condition, guarantee or warranty that any materials available through the Website or a Third Party Website are free of viruses or other destructive code or content of any kind. You are solely responsible for implementing safeguards to protect your computer system and data and for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website, the Services or any Third Party Website.
The security mechanisms incorporated in the Website and related software have security limitations. In particular, you agree and acknowledge that applications, systems and data which are made available over the Internet are inherently insecure against motivated individuals and Made Urban shall have no obligation or liability for any breach of same.
Limitation of Liability
IN NO EVENT SHALL MADE URBAN BE LIABLE FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES; (B) DAMAGES FOR ECONOMIC LOSS, LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, OR FAILURE TO REALIZE EXPECTED REVENUES, PROFITS, GAINS, SAVINGS OR OTHER RESULTS OF ANY KIND; (C) CLAIMS OF THIRD PARTIES; OR (D) ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THESE TERMS, THE CONTENT, THE SERVICES, THE WEBSITE OR ANY THIRD PARTY WEBSITE, OR ARISING OUT OF OR RELATING RELATED TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED OR USED THE WEBSITE OR SERVICES UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF MADE URBAN AND ITS SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS, THE CONTENT, THE SERVICES, THE WEBSITE OR ANY THIRD PARTY WEBSITE EXCEED THE SUM OF TEN DOLLARS ($10.00) IN CANADIAN CURRENCY.
THE DISCLAIMER OF GUARANTEES, REPRESENTATIONS, WARRANTIES, CONDITIONS AND LIMITATIONS OF LIABILITY SET OUT HEREIN SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO ANY LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER, AND FURTHER SHALL APPLY EVEN IF MADE URBAN AND/OR ITS SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY OR SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS FORESEEABLE.
Jurisdiction and Governing Law
The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website and the Services, and the interpretation of these Terms. The courts of the Province of Alberta, sitting at Calgary, Alberta, and without regard to their conflicts of laws provisions, shall have exclusive jurisdiction over any dispute arising out of your use of this Website or the Services. Regardless of your physical location, residence or domicile, you undertake and agree to commence no action and make no claim of any kind in any jurisdiction other than the courts of the Province of Alberta and you expressly undertake and agree to not commence or pursue any action by way of class action or similar proceeding. Notwithstanding the foregoing, nothing in these Terms will prevent us from seeking injunctive or equitable relief or remedies against you from any court of competent jurisdiction.
These Terms, together with any and all other notices, policies and statements contained on the Website, constitute the entire agreement between Made Urban and you. These Terms cannot be modified by you. In the event of any conflict or inconsistency between these Terms and anything contained in or available through the Website or the Services, these Terms, as amended, shall in all cases prevail and take priority. No waiver of these Terms, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms shall be severed, or restricted or eliminated to the minimum extent necessary to leave the enforceable provisions of these Terms in effect.