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TERMS OF USE

Last Updatedd: October 16, 2007

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE OR THE MADEIT SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR THE MADEIT SERVICE.

These Terms of Use ("Terms") govern your use of the MadeIt, Inc. ("Company") Web site located at www.madeit.com (the "Site") and the services and features that are made available through the Site (collectively, the "MadeIt Service"). These Terms apply exclusively to your access to, and use of the Site and the MadeIt Service and do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise.

You acknowledge and agree that Company may modify these Terms at any time in its sole discretion by posting a revised version of these Terms on the Site and indicating at the top of the Terms the date they were last updated. You expressly agree to such form of notification and waive any right to receive individual notice of such modifications. If you object to any such changes, your sole recourse shall be to cease using the MadeIt Service. Continued use of the MadeIt Service following the posting of such modifications shall constitute your acceptance of such changes. You are responsible for regularly reviewing these Terms and any applicable changes. If you do not agree to the amended terms, you must stop using the Site and the Service.

  1. Privacy Policy. Please refer to our Privacy Policy for information on how Company collects, uses and shares personal information from its users.
  2. Your Responsibilities. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the MadeIt Service and for paying all charges related thereto. You agree to fully comply with the User Content Rules and to not to use the MadeIt Service to violate any local, state, national, or international law or regulation or to infringe upon or violate the rights of any third party. You agree to provide accurate, current and complete information about you as may be prompted by any registration, event or invitation forms on the Site ("Registration Data") and to maintain the security of your username and password. You further agree to maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete. You accept all risks of unauthorized access to the Registration Data and any other information you provide to Company. Company reserves the right to refuse registration, or to refuse or limit access to the Site and the MadeIt Service, to anyone in its sole discretion.
  3. Limited License. Unless otherwise indicated in the Site, the Site and all content and other materials on the Site or available through the MadeIt Service (collectively, the "Site Materials") are the proprietary property of Company or its licensors or users, and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where indicated it is prohibited) and print to hard copy portions of the Site Materials for your non-commercial and personal use only. Such license is subject to these Terms and does not include, and you shall not engage in, the following: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any data, pictures or event descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) copying any video, photographs, or other aspects of the Site or the MadeIt Service, for personal use or otherwise, without MadeIt's consent; (e) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (f) use of any data mining, robots or similar data gathering or extraction methods; (g) downloading (other than page caching) of any portion of the Site or Site Materials, except as expressly permitted on the Site; (h) any use of the Site or the MadeIt Service for any use other than its intended purpose. This license is revocable at any time. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
  4. Links to the Site. You are granted a limited, non-exclusive right to create text hyperlinks to the Site for noncommercial purposes, provided such link does not portray Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, illegal or otherwise objectionable. This limited right may be revoked at any time. You may not use a MadeIt logo or other proprietary graphic of Company to link to this Site without the written permission of Company. Further, you may not use, frame, or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Company's written consent.
  5. Third Party Links on the Site. Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
  6. Third Party Content. Company may post or link to third party information and content or allow users to post their own or third party information and content to the Site (collectively "Third Party Content") as a service to those interested in this information or content. Company does not monitor or have any control over any Third Party Content or third party Web sites. Company does not endorse or adopt any Third Party Content and can make no guarantee as to such Third Party Content, including without limitation as to its accuracy, completeness, legality or safety. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTY REGARDING THE THIRD PARTY CONTENT AND UNDERTAKES NO RESPONSIBILITY TO MONITOR, UPDATE OR REVIEW ANY THIRD PARTY CONTENT. USERS USE THIRD PARTY CONTENT AT THEIR OWN RISK.
  7. Advertisements and Promotions. Company may run advertisements and promotions from third parties on the Site or in connection with the MadeIt Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site or the MadeIt Service.
  8. User Content. Company does not claim ownership of any information, data, designs, text, software, music, sound, photographs, graphics, video, messages, tags, reviews, ratings, links, widget code, or other materials you post, distribute or otherwise make available for inclusion on or through the MadeIt Service ("User Content"). As between Company and you, you own all rights to your User Content. However, you grant Company a worldwide, irrevocable, royalty-free and fully sublicensable license to Company to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Content (in whole or in part) in any format or medium now known or later developed, as well as the right to use the name that you submit in connection with such User Content. Without limiting the foregoing, you acknowledge and agree that any invitation designs or other User Content that you post on the Site and which you indicate may be shared will be made publicly available on the Site and may be copied, modified, shared, displayed and otherwise used in any manner by anyone.

    You represent and warrant that (a) you own and control all of the rights to the User Content or otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; (c) the User Content and the use and posting thereof complies with the User Content Rules set forth below and does not violate these Terms; and (d) neither the User Content, nor its use or sharing as contemplated in these Terms, will infringe upon or violate any rights of or cause injury to any person or entity.

    Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Company is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Company has no obligation to screen, edit or monitor any User Content, Company reserves the right to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

  9. User Content Rules. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
    • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of publicity or privacy rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    • (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
    • Invitations for events, activities or gatherings for illegal activities or where illegal activities are expected to occur;
    • User Content that may infringe or violate any copyright, trademark, patent, trade secret, or other intellectual or proprietary right of any party, including without limitation uploading any music, video, photographs, widgets or other content that includes copyrighted materials owned by third parties, unless you have permission to use such materials for the purposed for which such materials will be used or such use is otherwise permitted by law.
    • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
    • Unsolicited promotions, political campaigning, advertising or solicitations;
    • Private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
    • Viruses, corrupted data or other harmful, disruptive or destructive files; or
    • User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the MadeIt Service, or which may expose Company or its users to any harm or liability of any time.
  10. Submissions. You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, postings, original or creative materials or other information, regarding the Site or the MadeIt Service that are provided by you in the form of email or other submissions to Company ("Submissions") are non-confidential and shall become the sole property of Company. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  11. Advertisements. Company may run advertisements and promotions from third parties on the Site or the MadeIt Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Site or the MadeIt Service.
  12. Repeat Infringer Policy; Copyright Infringement. Company has a policy of terminating, in appropriate circumstances and a Company's sole discretion, accounts of users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

    Name of Agent Designated to Receive Notification of Claimed Infringement: Tom O’Brien

    Full Address of Designated Agent to Which Notification Should be Sent: 555 Post Street, San Francisco, CA 94102, U.S.A.

    Telephone Number of Designated Agent: 4157067485

    Facsimile Number of Designated Agent: 415 345 7701 , attn: Saturn Media

    Email Address of Designated Agent: dmca@madeit.com

  13. Trademarks. MadeIt, the MadeIt logo, and any other product or service name or slogan contained in the Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "MadeIt" or any other name, trademark or product or service name of Company without our prior written permission. You may not use any metatags or any other "hidden text" utilizing "Company" or any other name, trademark or product or service name of Company without our prior written permission. MadeIt, the MadeIt logo and any other product or service name or slogan contained in the Site are trademarks of Company and its suppliers or licensors. ,You are not authorized to copy, imitate or use any such trademarks without the prior written permission of Company or the applicable trademark holder.. Ownership of all such trademarks and all goodwill associated therewith remains with Company or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without Company's prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Company.
  14. Termination or Modification of MadeIt Service. Company reserves the right to modify or discontinue the MadeIt Service at any time with or without notice to you. Company may also terminate or terminate or suspend your access to all or part of the MadeIt Service, at any time in its sole discretion without notice. . Further, you agree that Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the MadeIt Service or for removing your User Content or suspending or terminating your access to the MadeIt Service. You may discontinue your participation in and access to the MadeIt Service at any time.
  15. Disclaimers. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SITE AND THE MADEIT SERVICE IS AT YOUR SOLE RISK. THE MADEIT SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE MADEIT SERVICE (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). COMPANY MAKES NO WARRANTY THAT THE SITE OR THE MADEIT SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE MADEIT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR THE USE OF THE MADEIT SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE MADEIT SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT COMPANY IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR USER CONTENT PROVIDED BY ITS USERS ON THE SITE OR FOR THE CONDUCT OF ITS USERS ON OR OUTSIDE THE SITE. FURTHER, COMPANY IS NOT LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, PROFANITY, OR OTHER OBJECTIONABLE CONTENT YOU MAY ENCOUNTER. WHILE COMPANY MAY OFFER FEATURES THAT ENABLE YOU TO MAKE ASPECTS OF THE INFORMATION OR MATERIALS IN YOUR PERSONAL PROFILE, EVENT LISTINGS OR OTHER USER CONTENT NON-PUBLIC, COMPANY IS NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OR INADVERTENT PUBLIC DISPLAY OR DISTRIBUTION OF SUCH USER CONTENT DESPITE YOUR ELECTION TO MAKE SUCH USER CONTENT PRIVATE. THEREFORE, YOU SHOULD BE CAREFUL NOT POST ANY CONFIDENTIAL OR OTHERWISE SENSITIVE INFORMATION OR USER CONTENT ON THE SITE.
  16. Limitation of Liability. YOU UNDERSTAND AND EXPRESSLY AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, SUBSIDIARIES, PARENTS OR SUPPLIERS, OR ANY OF THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS (OTHER THAN MADEIT SERVICE USERS) BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR IN ANY WAY CONNECTED WITH USE OF THE SITE, THE MADEIT SERVICE, OR ANY USER CONTENT, INCLUDING WITHOUT LIMITATION CHANGES TO OR DELETION OF USER CONTENT.
  17. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company's liability shall be the minimum permitted under such applicable law.
  18. Indemnification. You agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, and suppliers, and each of their officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) arising out of or relating to (a) any information (including, without limitation, your User Content or any other content) you (or anyone using your account) submit, post, or transmit through the MadeIt Service, (b) your (or anyone using your account's) use of the MadeIt Service, (c) your acts or omissions constituting a breach of any representation, warranty or covenant in these Terms, and (d) your violation of any rights of any other person or entity.
  19. Severability If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
  20. Miscellaneous. These Terms and the relationship between you and Company shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the MadeIt Service shall be brought exclusively in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Company and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MadeIt Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.

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