terms of use

Effective APRIL 5, 2013

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. This Agreement sets forth the legally binding terms and conditions for your access to and use of, this website, mobile application or other MADE, LLC or madeboards.com (collectively, hereinafter, "MADE") product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you represent that you have read, understand and agree to be bound by these Terms of Use and any other applicable laws, whether or not you are a registered member of MADE. MADE may change these Terms of Use at any time without notice, effective upon its posting to the Platform. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Platform is, and will be, considered your acceptance to the revised Terms of Use. Do not use the MADE Platform, if you do not agree to these Terms of Use.

CONTENTS

MADE, LLC and the MADE, LLC Logo, "Metatron's Cube", are registered trademarks of MADE, LLC. Unless otherwise indicated, all other marks appearing on the Platform are trademarks of MADE, LLC. All Platform materials and creative works displayed on the Platform are the proprietary and copyrighted property of MADE, LLC.

USER GENERATED CONTENT

Any user generated content uploaded to this Platform is non-confidential. MADE shall have perpetual, worldwide, non-exclusive license to use such materials. MADE may use such content in its promotional materials.

Important Notice for Amateur Athletes

YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS PLATFORM DO NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. MADE IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE PLATFORM RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

Physical Activity Notice

The Platform includes features that promote physical activity. Consider any risks and consult with your medical professional before engaging in any physical activity. MADE is not responsible or liable for any injuries or damages sustained as a result from your use of, misuse of, or inability to use, Platform features that promote physical activity or otherwise. User may not upload any content that violates the rights of any third party, or content that is unlawful in any manner. User shall remain solely responsible for any liability incurred due to user generated content sent to the Platform.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any material on this Platform infringes upon your intellectual property, or that any link on this Platform directs users to a website containing infringing material, please contact us via the form on this page. MADE will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. Please notify MADE's by submitting a notification via email at concerns@made.com. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

If you believe that your work has been removed or disabled by mistake or misidentification, please notify MADE in writing by emailing us at concerns@made.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

USE BY CHILDREN

MADE does not sell products for purchase by children under 18 without parental consent. By using this Platform, you represent that you are at least 18 years old. MADE is not responsible for any damages that may result from misrepresentation of age by a user of our Platform.

PRODUCT INFORMATION

All orders placed through the Kickstarter campaign are subject to the terms and conditions of Kickstarter.

LIMITATION OF LIABILITY

In no event shall MADE or its officers, directors, shareholders or employees be liable for any direct, indirect, special or consequential damages, or any other damages of any kind, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected to the use of this Platform.

MADE shall not be liable for any lost profits, lost opportunity, indirect, special incidental, punitive or consequential damages resulting from use of the Platform. MADE's total liability to a user shall never exceed the amount that user has paid to MADE for products purchased on the Platform.

INDEMNIFICATION

User agrees to defend, indemnify and hold harmless MADE, its employees, directors, contractors and agents from and against any third party claim, damages, costs and expenses (including attorneys' fees), arising from or related to use of the Platform.

LINKING TO MADE

User is granted a limited, nonexclusive right to link to this Platform, provided such link does not portray MADE or any of its products or services in a misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use or utilize framing techniques to enclose any MADE trademark, logo or other proprietary information. MADE's intellectual property may not be used in meta tags or any other "hidden text." MADE makes representation regarding, and accepts no responsibility for, the content of websites linking to this Platform. MADE does not control the content of any other website linked from this Platform.

SEVERABILITY, MERGER AND NON-WAIVER

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

This document represents the entire agreement between the parties.

Prior lax enforcement of any provision of the Terms shall not be construed as a waiver of that provision.

APPLICABLE LAW

The laws of the State of Illinois shall govern and construe these Terms, without giving effect to any conflict of laws provision to the contrary. User irrevocably consents to the venue of Illinois Court, Cook County, or United States District Court for the Northern District of Illinois.