The resources and processes available on the Website are provided solely on an “AS IS” and “AS AVAILABLE” basis. You should not construe Madischu’s publication of the Website as a warranty or guarantee of the quality or availability of any goods or services. Goods offered through the Website, if any, are “AS IS” without warranties of any kind.
SITE CONTENTS, OWNERSHIP AND USE RESTRICTIONS. The information contained in this Site including all content, images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Madischu.com or its subsidiaries and affiliates (“Madischu”) or are the property of their respective owners. The name Madischu.com and the Madischu.com logo are registered marks of Madischu,llc.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
- (1) placing an order with Madischu.com; or
- (2) using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Madischu.com or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Madischu, llc, it is strictly prohibited.
ABOUT OUR PRICES: The prices advertised on this Site are for Internet orders unless otherwise noted. Prices on some items may differ from those charged at stores that sell geographics products. Prices and the availability of items are subject to change without notice. Any “list prices” used on this Site are provided by product manufacturers, distributors or determined based upon comparable products and are subject to change. Your purchase price may vary.
We reserve the right to limit sales, including the right to prohibit sales to re-sellers. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the products and programs described in such information, at any time without notice.
There may be certain orders that we are either unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Madischu.com (“Transmissions”) shall be and remain Madischu.com’s property. By submitting any Transmissions to Madischu.com, you represent and warrant that:
- you are the sole author and owner of the Transmission and any intellectual property rights thereto;
- all “moral rights” that you may have in such Transmission have been voluntarily waived by you;
- all Transmissions that you post are accurate;
- you are at least 13 years old; and
You further agree and warrant that you shall not submit any Transmission:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s intellectual property rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
LINKS TO OTHER SITES. The Website may contain links to websites operated by other parties. Madischu provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Madischu, andMadischu is not responsible for the content available on the other sites. Such links do not imply Madischu’s endorsement of information or material on any other site and Madischu disclaims all liability with regard to your access to and use of such linked Websites.
PERMITTED USES. So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by Madischu, Madischu invites you to view and use the passive and interactive processes, forums, various e-mail services, and advertisements of the Website and the Content for your commercial or non-commercial use to design and otherwise create graphic art projects or printing development; provided, however, that you may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Website or the Content unless expressly authorized by Madischu in writing, except where within the permitted scope of use of the Website as defined herein. You agree that you will not use, view, access or manipulate the Website or Content for any purpose other than the permitted scope of use of the Website as defined herein and additionally agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Special terms may apply to some products or services offered on the Website and may be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms shall prevail. You may not damage, disable, overburden, or impair the Website or in any way or manner interfere with any other party’s use and enjoyment of the Website.
You agree not to upload, post, email, or otherwise make available content:
- that is unlawful, infringing; harmful, threatening, abusive, harassing, stalking, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct;
- that impersonates any person or entity, including, but not limited to, a 5A+ officer or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that otherwise negatively affects other users’ ability to use the Website;
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website;
- or collect personal data about other users for commercial or unlawful purposes, by automated or non-automated means.
DISCLAIMERS AND LIMITATION OF LIABILITY. THE WEBSITE, ALL CONTENT ON THE WEBSITE, AND ANY GOODS OR SERVICES OFFERED OR SOLD THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MADISCHU, llc MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
MADISCHU, llc MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MADISCHU, llc DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF MADISCHU, llc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AND SO LONG AS THE WEBSITE IS OFFERED AS A FREE SERVICE, MADISCHU, llc AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED $100.
INDEMNITY. You agree to indemnify, defend and hold Madischu, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this Agreement.
USER ELIGIBILITY. We care about the safety of children and will not knowingly let anyone under the age of 13 years of age to provide us any personal identifying information. The Website is not directed toward children under 13 years of age nor does Madischu.com knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Madischu.com.
By using the Website, you represent and warrant that
- (a) all registration information you submit, if any, is truthful and accurate;
- (b) you will maintain the accuracy of such information;
- (c) you are 13 years of age or older; and
- (d) your use of the Website does not violate any applicable law or regulation.
- (a) comply with legal process;
- (b) enforce our rights; or
- (c) protect the rights, property, or safety of Madischu.com, any individual or the public.
PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY. The Website and the Content are the sole and exclusive property of Madischu.com and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Madischu.com in writing. You hereby acknowledge and agree that, as between Madischu.com and you, all right, title, and interest in and to the Website and the Content, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Madischu.com. Use of the Website or the Content in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.
Unauthorized use of any Madischu.com trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws. All materials contained in this Website, including but not limited to content, design and layout, are protected by U.S. and international copyright laws copyright laws, and may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of Madischu.com, except where within the permitted scope of use of the Website as defined hereinabove.
Madischu.com’s names and logos and all related trademarks, tradenames, and other intellectual property, including but not limited any innovations protected by patent or trade secret, disclosed on the Website are the property of Madischu.com and cannot be used, reproduced or modified without its express prior written permission.
ACCOUNT PASSWORD AND SECURITY. The Website may contain some features that require registration. If asked to register for additional access, you may select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others.
You agree to
- (a) log out of your account at the end of each session;
- (b) keep your password confidential and not share it with anyone else; and
- (c) immediately notify Madischu.com of any unauthorized use of your password or account or any other breach of security.
Madischu.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
ENFORCEMENT. Madischu.com shall have the right, but not the obligation, to strictly enforce this Agreement through self-help, community moderation, active investigation, litigation and/or prosecution. This Agreement shall be governed by, and will be construed under, the laws of the Commonwealth of Kentucky, without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of Jefferson, in the Commonwealth of Kentucky, to settle any dispute which may arise out of, under, or in connection with this Agreement. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A GROUP OR CLASS ACTION. The failure of Madischu.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
FORCE MAJEURE. Madischu.com shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Madischu.com, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Madischu.com’s control such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.