Terms of Use
Modified: January 1, 2018

These Terms of Use (the "Agreement") govern your use of ManMadeCustoms.com and any mobile application related thereto (collectively the "Site"), as well as your contractual relationship with its owner, Man Made Customs, LLC (the "Company"). By accessing, registering for, or using the Site in any way, you agree to be bound by this Agreement. We may revise or modify this Agreement at any time and without notice by replacing this document. Users will be notified of the change via email and your continued use of the Site after notification will constitute full and complete acceptance of the new Agreement.

  • YOUR USE OF THE SITE
    • User Accounts. You may be required to create an account with the Site in order to use all of its features ("User Account"). By creating a User Account, you agree that:
      • You are at least 18 years of age, or older if required by law, and have the ability to enter into a legally binding contract with the Company.
      • All information you provide to the Site is truthful, accurate, and complete in all respects.
      • You are prohibited from having more than one User Account and may not create a new User Account if your previous User Account or access to the Site was banned or limited in any way.
      • You will receive mandatory communication messages from Company or the Site, such as the account confirmation email.
      • You will designate a credit card or other payment method (the "Payment Method") and hereby do authorize the Company to charge the Payment Method for all fees incurred in connection with the Site.
      • User Account Termination. The Company may terminate your User Account and your access to the Site at any time and for any reason with or without notice. If you have a Seller Account (as defined below), the proceeds from all sales will be sent to your Payment Receipt Method (as defined below) on file. You may terminate your User Account at any time by following the instructions for account deactivation within the Site.
      • Site Content. As a User, you may be permitted to post reviews, photos, text, and Listings to the Site, and may also be permitted to message other Users (collectively, the "Site Content"). You grant the Company a worldwide, royalty free, irrevocable, non-exclusive license to reproduce, share, and distribute your Site Content. You agree that you will not use the Site to:
        • Post any Site Content that is illegal or a violation of any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
        • Post any Site Content which is offensive, harassing, or threatening;
        • Promote or facilitate the sale of goods or adventure services in a way that circumvents the Site or the Seller Fees (as defined below);
        • Send bulk messages or emails;
        • Utilize the Site to violate any law of any jurisdiction in which the Site may be accessed;
        • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content, except as expressly authorized by Company;
        • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
        • Reverse engineer any portion of the Site;
        • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
        • Record, process, or mine information about other Users;
        • Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of products;
        • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
  • PURCHASES
    • Purchasing Products. As a User, you will be able to browse and purchase great goods and adventure services on the Site. If you make any purchase through the Site, you agree to pay the amount indicated and agree that the Company may utilize third party payment processors to facilitate the sale. You further warrant that all payment information submitted to the Site is truthful and accurate and that you have permission to make all purchases you make.
    • Purchase Restrictions. You will not purchase any item in any Listing (as defined below) that is illegal in your jurisdiction. You will not facilitate for a third party the purchase of any item in any Listing if facilitation or "straw buying" of that item is illegal in your jurisdiction or the third party's jurisdiction. You acknowledge and agree that some Listings may have additional age restrictions and that you will comply with such restrictions.
  • SELLER ACCOUNTS
    • Seller Accounts. The Site operates as a marketplace for custom goods and adventure services. In order to sell goods or adventure services on the Site, Users must register for a Seller Account (a "Seller Account" and each User of a Seller Account, a "Seller User").
    • Permitted Goods and Services. If you have created a Seller Account, you may sell any goods or adventure services that qualify for the categories pre-populated and available on the Site by following the instructions on the Seller Account page and paying any applicable fees (each listed item a "Listing"). The proceeds for sales of Listings will be processed through a third party payment processor and, after the deduction of Seller Fees (as defined below), the proceeds will be deposited into the Payment Method you (as a Seller User) have confirmed in your Seller Account (the "Payment Receipt Method"). You may not create a Listing, or use the Site to facilitate or arrange the sale of any good or adventure service, if the good or adventure service is:
      • Illegal or prohibited in any jurisdiction where the good or adventure service is sold or delivered;
      • Incapable of being safely transported through the mail;
      • Violative of any third party's intellectual property rights; or
      • Unreasonably dangerous.
    • Claims by Buyers. Because the Site functions solely as a marketplace, we ask that buyers and sellers attempt to resolve disagreements. Nevertheless, the Site may, in its discretion, offer a dispute resolution feature. If the Site offers a dispute resolution feature, buyers may be permitted to open cases for (1) non-delivery (2) misdescription of items. Failure to satisfactorily respond to any case within seven days may result in a mandatory refund, subject to the refund fees described in Section 3(d) of this Agreement.
    • Refunds. You may voluntarily offer refunds for Listings. Further, you may be required to issue a refund pursuant to Section 3(c) of this Agreement. You may voluntarily issue a refund for any Listing by utilizing the applicable button in your Seller Account page. Refunds will be deducted from your Account Funds, or if there are no available Account Funds, charged to your Payment Method on file. Refund deductions or charges will encompass the entire sum paid by an applicable buyer for any Listing; provided that the deduction or charge corresponding to the first refund made to any individual Buyer will not be subject to the Site Processing Fee, as defined in Section 3(e).
    • Fees. Users with Seller Accounts will be liable for the following fees in connection with Listings (collectively, the "Seller Fees"). The amounts of the fees are subject to change and will be posted on the Site.
      • Listing Fee. This fee will be charged for each Listing created.
      • Transaction Fee. This fee will be charged for each purchase made through the Site.
      • Site Processing Fee. This fee will be charged for each purchase made through the Site.
      • Payment Processor Fee. This fee will be charged for each purchase made through the Site.
  • SUGGESTIONS AND IMPROVEMENTS
    • Implementation. We are always looking to improve the Site and we value feedback, ideas, suggestions, comments, and critiques from Users (collectively, "Feedback"). By submitting Feedback, you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality with respect to the Feedback and may use or disclose it as we wish, and (iii) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.
  • DISCLAIMERS AND LIMITATIONS OF LIABILITY
    • NO WARRANTIES. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES EXPRESS OR IMPLIED. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. COMPANY DOES NOT ACTIVELY SCREEN CONTENT POSTED TO THE SITE. COMPANY SHALL IN NO WAY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE SITE OR RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE WHATSOVER.
    • LIMITATION OF DAMAGES. COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE PRODUCTS OR SERVICES LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR DECISION TO PURCHASE OR USE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN RISK AND DISCRETION. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED FOR ANY PRODUCTS OFFERED THROUGH THE SITE OR OFFERED BY THIRD PARTIES WHO MAY LINK TO THE SITE.
  • INDEMNIFICATION
    • Indemnification. You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Affiliates"), from and against all claims, demands, suits, and liabilities, by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Agreement, (iii) any products or adventure services purchased or sold by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  • GENERAL TERMS
    • Site modification. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
    • Final agreement. This Agreement represents complete and entire agreement regarding your use of the Site and supersedes any previous versions of the Agreement.
    • No waiver. Any failure or delay on Company's part to exercise or enforce any right or provision of the Agreement does not constitute a waiver of such right or provision.
    • No assignment. You may not assign any right or obligation arising under this Agreement. Company may assign its rights and obligations without notice.
    • Choice of law and forum. This Agreement shall be governed and interpreted solely in accordance with the laws of Maryland. Any dispute brought under this Agreement or relating to the Site or any transaction involving the Site shall be brought exclusively in the state and federal courts of Maryland.