Terms and Conditions of Use
These Terms and Conditions constitute a binding legal agreement between you as user (“you”) and Carbonmade, LLC (“Carbonmade,” “we” or “us”), a New York limited liability company that owns and operates the website carbonmade.com together with affiliated websites, services and applications.
YOU MUST NOT ACCESS OR USE THIS WEBSITE AND SERVICES IF YOU DO NOT ACCEPT AND AGREE TO THESE Terms and Conditions.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. Your continued use of Carbonmade’s website and services following the posting of changes will mean that you accept and agree to the changes. You agree to review these Terms and Conditions periodically to be aware of any such revisions.
You must be sixteen (16) years of age or older to use Carbonmade’s website and services. By visiting Carbonmade.com or accepting these Terms and Conditions, you represent and warrant to Carbonmade that you are sixteen (16) years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms and Conditions. You also represent and warrant to Carbonmade that you will use this website in a manner consistent with any and all applicable laws and regulations.
PRIVACY OF INFORMATION
“Personal Information” means all information about an identifiable individual.
These Terms and Conditions constitutes your agreement with Carbonmade with respect to your use of Carbonmade’s website and services. You must agree to abide by all of the terms and conditions contained in these Terms and Conditions in order to become or remain a user of our website and services. You are granted a limited, non-sublicensable license to access and use Carbonmade’s website and services, subject to these Terms and Conditions. This license is revocable at any time by Carbonmade.
You understand and agree that all information, including, but not limited to, text, graphics, pictures, video, links, addresses, data, functionality and other materials that you or a third party allow, submit, post, obtain, email or transmit (or the like) to our website (collectively, “Your Content”) is your responsibility and not our responsibility. We do not control Your Content nor do we have any obligation to review, refuse, or remove any other content available via our website and service; however, we reserve the right to remove any content, including Your Content, available via our website and services at any time. Circumstances under which we may remove Your Content include, but are not limited to, violation of the terms of these Terms and Conditions, abuse of or on our website and services, notification of possible infringement of another’s rights, privacy concerns, compliance with laws and in the assistance of law enforcement.
All other content that is not Your Content or another Carbonmade.com user’s content that is contained on Carbonmade’s website and services (“Our Content”) is owned, controlled or licensed by or to Carbonmade, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property and unfair competition laws. Except as expressly provided in these Terms and Conditions, none of Our Content may be copied, encoded, posted, publicly displayed, reproduced, republished, uploaded, translated, transmitted or distributed in any way to any other computer, server, website or other medium, electronic or otherwise, for publication or distribution or for any commercial enterprise, without Carbonmade’s express prior written consent. Likewise, you may not copy, encode, post, publicly display, reproduce, republish, upload, translate, transmit or distribute in any way to any other computer, server, website or other medium, electronic or otherwise, for publication or distribution or for any commercial enterprise, another Carbonmade.com user’s content without that other user’s express consent or authorization.
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Carbonmade’s website and services, or any of Our Content, or in any way reproduce or circumvent the navigational structure or presentation of Carbonmade’s website or any other content on our website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. You may not attempt to gain unauthorized access to any portion or feature of Carbonmade’s website, or any other systems or networks connected to Carbonmade’s website or servers, or to any of the services offered on or through the website, by hacking or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Carbonmade’s website or any transaction being conducted on the website, or with any other person’s use of the website. You may not use Carbonmade’s website or any other content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Carbonmade or users of our website and services.
By using Carbonmade’s website and services you acknowledge that:
CONDUCT; RESTRICTIONS AND PROHIBITIONS
You agree to use Carbonmade’s website and services in accordance with the following:
Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
In connection with using our Services, products and other services, You provide Us with files, content and information, including things such as text, images, audio material, video material and audio-visual material (“Your Content”).
You own all of Your Content that appears on Carbonmade’s website and services.
We need to be able to use Your Content to provide you with our Services, products and other services, and You are granting Us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your Content in any existing or future media as We deem appropriate. You also grant to Us the right to sub-license these rights.
You are permitted to export or remove Your Content at any time and for any reason.
You also consent and authorize us to manage your domain name provided on our website if you link up any other website you own, license or use.
PERSONAL RESPONSIBILITY; LIABILITY
You will be solely responsible for Your Content and anything and everything you submit and publish to Carbonmade’s website and services. We cannot assume any responsibility or liability over any material or Your Content published by you or other users on Carbonmade’s website and services. The responsibility over any published material or content lies solely on the user that submitted it to our website and services. Carbonmade does not control, take responsibility for or assume liability for any content posted by you or any third party, or for any loss or damage thereto, nor is Carbonmade liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.
We reserve the right to monitor anything and everything submitted by you to Carbonmade’s website and services to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
While we do not and cannot review every message or other material posted or sent by users of Carbonmade’s website and services, and are not responsible for any content of these messages or materials. We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and content, that we, in our sole discretion, deem to violate the CONDUCT; RESTRICTIONS AND PROHIBITIONS provisions set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to Carbonmade’s website and services.
TERMINATION OF SERVICES
We may, in our sole discretion, terminate or suspend your access to all or part of Carbonmade’s website and services at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of Carbonmade’s website and services by others may be grounds for termination of your access to all or part of Carbonmade’s website and services at our sole discretion, and you may be referred to appropriate law enforcement agencies.
You may cancel your use of our website and services at any time by following the instructions located at https://carbonmade.com/help/account/closing-your-account. You are solely responsible for canceling your account before the next invoice period. You understand and agree that we may immediately terminate your right to use Carbonmade’s website and services without notice to you under certain circumstances, including, but not limited to:
If we terminate your right to use Carbonmade’s website and services, you understand and agree that we may delete all of Your Content (and any content associated with you) and that we will not be liable to you or any third party, for any termination of your right to use our website and services or for the deletion of Your Content. Upon termination, we will have no further obligation to grant you any access to or use of our website and services.
LINKS AND DEALINGS WITH THIRD PARTIES
We have no control over any links or other resources available to you via our website and services. Your interaction with and third parties via Carbonmade’s website and services are solely between you and such parties. We are not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such sites or resources. You agree that we will not be liable, directly or indirectly for any loss or damage of any kind or nature, including any incidental or consequential damages, arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.
PAYMENTS, RENEWALS AND TAXES
All payments due are in US dollars unless otherwise indicated. We accept credit cards and PayPal as payment sources. All payments are final and non-refundable, except in our sole discretion. If your use of our website and services is terminated for any reason, whether by you or by us, you will lose and forfeit any time remaining on your account with us.
You must select from the following types of subscriptions for our website and services: (i) yearly; or (ii) month-to-month. The services we provide are defaulted to renew automatically. Accordingly, as of the anniversary date of your subscription, you will be charged the current rate we charge for your type of subscription to Carbonmade’s website and services. Your account is provided with the functionality to cancel future automatic renewals.
You authorize us to bill the payment source you provide to us for all applicable fees. If your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess your payment source. We reserve the right to disable or cancel your use of our website and services immediately.
You are responsible for all taxes associated with your use of Carbonmade’s website and services. If we are required to collect or pay any taxes relating to your use of our website and services, you will be charged for all such taxes. If you are tax exempt, you must provide us with a valid tax exempt certificate authorized from the appropriate taxing authority.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE Carbonmade’s WEBSITE AND SERVICES AT YOUR OWN RISK. Carbonmade’S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
YOU ACKNOWLEDGE THAT USE OF Carbonmade’s website and services IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH Carbonmade’s website and services BY Carbonmade, OUR PARTNERS OR ANY USER OF Carbonmade’s website and services OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF Carbonmade’s website and services NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN these Terms and Conditions, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF these Terms and Conditions AND ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Carbonmade, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, successors, assigns AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY Carbonmade AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE Carbonmade’s website and services OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF Carbonmade.COM WEBSITE AND SERVICES, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER Carbonmade HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are responsible for making all the necessary arrangements to ensure you can access Carbonmade’s website and services (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). Carbonmade shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Carbonmade’s website and services through mobile services or any similar service currently known or developed in the future.
By accessing Carbonmade’s website and services or agreeing to receive messages or notifications from Carbonmade through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. Carbonmade shall not under any circumstances be liable for such charges.
COPYRIGHT DISPUTE POLICY
We are dedicated to operating in accordance with the US Copyright Law and require you to comply as well. The Digital Millennium Copyright Act of 1998 ("DMCA") provides owners of copyrighted material who suspect that their rights under U.S. Copyright Law have been violated with certain remedies. One such remedy is contacting the Internet service provider’s designated agent to report suspected infringements that appear on website and Internet pages hosted by that Internet service provider.
If we receive a notification of suspected copyright infringement, and assuming the notification satisfies the requirements of the DCMA (discussed below), we may remove or prohibit access to such materials. However, you may submit to us a counter-notice if you believe such notice of suspected copyright infringement was mistakenly filed.
You should seek your own legal counsel if: (i) you believe your copyrights have been infringed, or (ii) if a notice of copyright infringement has been filed against you. We will not be involved as a party to disputes over alleged copyright infringement and you agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) we incur arising out of or related to any alleged or actual infringement involving you.
We reserve the right to terminate your account or remove any content if we, in our sole discretion, believe the DMCA notification meets the criteria listed below.
Notification of Claimed Copyright Infringement
If You believe your copyrights have been infringed because of material appearing on our website and services, you must file your claim of infringement with our designated agent via mail at the address below.
113 Cherry St
Seattle, WA 98104-2205
Alternatively, you may email us with your complaint of claimed infringement at: email@example.com.
You must provide the following information in your written complaint to us in order for it to be valid under the DMCA:
Elements 1-6 above are taken directly from 17 U.S.C. 512(c)(3). Please consult the DMCA for additional details on the information necessary for valid notification.
Please note that misrepresentations and false accusations of copyright infringement may subject you to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys' fees.
Counter-notification response to Claims of Copyright Infringement
You may file a counter-notification with our designated agent. All such responses must be submitted to the address listed above in this section and must contain the following:
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Elements 1-4 above are taken directly from 17 U.S.C. 512(g)(3). Please consult the DMCA for additional details on the information necessary for valid notification.
Please note that Misrepresentations and false responses to claims of copyright infringement may subject you to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys’ fees.
As provided by the DMCA, after receipt of a valid counter-notification, we may restore or re-enable access to removed material.
Please contact us at any of the above addresses to report any other actual or potential violation of the Terms.
You hereby agree to indemnify, defend and hold harmless Carbonmade and all officers, directors, owners, agents, information providers, affiliates, licensors, licensees, successors and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants. You also agree to indemnify and hold the Indemnified Parties harmless from any loss, damage, liability or expense you incur or sustain arising out of your use of Carbonmade’s website and services except for liability for any acts or omissions of Carbonmade which involve willful or intentional misconduct, fraud or knowing violation of law. You shall cooperate as fully as reasonably required in the defense of any such claim. Carbonmade reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
If you wish to report any violation of these Terms and Conditions by others, you may do so by contacting us at firstname.lastname@example.org, outlining the abuse and or complaint.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to Carbonmade’s website and services, or of any Carbonmade related products and services. We reserve the right to disclose information about your usage of Carbonmade’s website and services and demographics in forms that do not reveal your personal identity.
ADDITIONAL PROVISIONS AND TERMS
These Terms and Conditions represent the entire agreement between you and Carbonmade regarding the use of our website and services and supersedes any other agreement or understanding on the subject matter. These Terms and Conditions, your rights and obligations, and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of New, United States of America. As a condition of using Carbonmade’s website and services, each user agrees that any and all disputes and causes of action arising out of or connected with Carbonmade’s website and services, shall be resolved through arbitration, with such arbitration to be held in Chicago, Illinois, United States of America.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and be enforceable. these Terms and Conditions are not assignable, transferable or sublicensable without the prior written consent of Carbonmade. Carbonmade may assign these Terms and Conditions in whole or in part.
Nothing contained herein will be construed to constitute any party as a partner, employee or agent of the other party, nor will any party hold itself out as such. No party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions.
These Terms and Conditions and other policies instituted by Carbonmade will be governed by and construed in accordance with the laws of Illinois, without effect to conflict of laws provisions. Any claims or legal proceeding arising out of or related to our website and services will be brought solely in the state and federal courts located in Chicago, Illinois, and you hereby consent to the jurisdiction of such courts. Additionally, except where prohibited by law, as a condition of using Carbonmade’s website and services, you agree that any and all disputes and causes of action arising out of or connected to our website and services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Carbonmade.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Our failure to exercise or enforce any right or provision of these Terms and Conditions or other policies shall not constitute a waiver of the right or provision. Performance by any party of any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.
If any provision of these Terms and Conditions or other policies is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these Terms and Conditions and other policies remain in full force and effect.
Updated by Element6, LLC on May 16, 2018