Welcome to Man-Made’s Terms of Service

Welcome to https://www.man-made.org/ (the “Site” or “Service”), which is provided by Man-Made, (collectively “we”, “our”, or “us”) in order to enable our valued customers (“you” for the purpose of these Terms & Conditions (our “Terms”)) to learn about and purchase certain products, services, and merchandise, including digital downloads and access to our experiences, merchandise and online communities (our “Products”).

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Service & Purchases

The purpose of the Site is to enable you to learn about Man-Made and its ideas, submit your comments, purchase Products and sign up to receive additional information about Man-Made, products, and services that may interest you. Provided you comply with these Terms, our Privacy Policy, and our Terms and Conditions of Sale policy (collectively, the “Policies”), we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site to for this purpose. In order to access certain portions of the Site, you may need to first create an account (“Account”). When you create an Account, we will collect certain information from you, which may include your payment information. To learn how we collect, store, use and share your information, please read our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. We cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password. You must be 18 years or older to register for an Account and make purchases. You may never use another person’s Account without permission. We reserve the right to terminate your Account, cancel any order, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details, or any files or other Content which is contained in your account. You acknowledge and agree that while we may not currently have set a fixed upper limit on the amount of storage space used for the provision of the Service, or the duration of time that we will store any information on your behalf, such fixed upper limits or temporal limits may be set by us at any time, in our sole discretion.

 

All purchases of products and/or services via the Service are governed by the Terms and Conditions of Sale available at , which are hereby incorporated by reference into this Agreement.

Acceptable Use Policy

You agree that (i) you will use the Service solely for your own, non-commercial, personal use in accordance with this Agreement and in accordance with any specific rules or usage provisions specified by us on the Service, (ii) all information supplied by you to us will be true, accurate, current and complete, (iii) you may receive electronic communications (e.g., e-mail notices) from us from time to time, and (iv) you will review the latest version of this Agreement posted on the Service from time to time to check for amendments that may apply to you. We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability. You may not record, copy, distribute or otherwise transmit any live offerings (such as Live Online Classes or live one-on-one sessions).

 

You acknowledge and agree that your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.

 

You are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.

 

We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.

 

If you provide a mobile or residential phone number at the time you create an Account, you warrant and represent to us that you are either the account owner of any mobile or residential phone numbers you provide to the Company, or you have the express permission of the account holder to provide such numbers (“Provided Numbers”). You expressly consent that we may call any Provided Number or text any Provided Number with account, marketing and advertising messages made using an automatic telephone dialing system. You also understand that consent to receive calls and text messages is not a requirement for your use of the Site. You may revoke your consent at any time.

 

You will not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties;

 

You will not use the Service for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;

 

You will not permit or otherwise enable unauthorized users to access and/or use the Service;

 

You will not use the Service to export software or data in violation of applicable U.S. laws or regulations;

 

You will not sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human-readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;

 

You will not remove any copyright, trademark, patent or other proprietary notices from the Service;

 

You will not distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement;

 

You will not frame or utilize framing techniques to enclose the Service, or any portion thereof;

 

You will not exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;

 

You will not register as a user of the Service by providing false, inaccurate, or misleading information;

 

You will not post hyperlinks to commercial services or Sites;

 

You will not impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

You will not collect personal data about other users of the Service for commercial or any other purposes;

 

You will not post irrelevant Content (as defined in Section 6 below), repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

 

You will not attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);

You will not make available Content (as defined in Section 6 below) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing; and

 

You will not create or attempt to create multiple user accounts.

Products

We take pride in our Products and try to be accurate in our descriptions. However, we do not warrant that our Product descriptions are 100% accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition for a full refund (to the extent that such Product is eligible for a refund [i.e., sales for live interactive offerings are final]). Except where noted otherwise, the price displayed for Products is the full retail price. It does not include any applicable sales or other taxes that we may be required to collect.

Access to the Service & Reservation of Rights

We hereby give you a personal, worldwide, non-assignable and non-exclusive right to access and use the Service in the manner and for the purposes expressly permitted by the Agreement. We also hereby grant you a limited, revocable, and non-exclusive right to create a hyperlink to the Site or subdomains thereof so long as the link does not portray us, our affiliates, or products or services provided by us or our affiliates in a false, misleading, derogatory, or otherwise offensive manner in our sole judgment. You may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service and any such attempt shall be null and void at the time of such attempt.

 

We reserve all right, title and interest in and to the Service not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.

User Content

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such User Content originated. All such information is referred to as “User Content”.

 

You acknowledge that User Content presented to you as part of the Service may be protected by intellectual property rights which are owned by the persons and/or entities that provide that User Content to us (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this User Content (either in whole or in part) unless you have been specifically told that you may do so by us or by the owners of that User Content, in writing.

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content.

 

You understand that by using the Service you may be exposed to User Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.

 

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any User Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.

Intellectual Property

You understand and agree that we own, or (where required, appropriate, or applicable) have licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.

 

All Man-Made brands are trademarks of Man-Made and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, or trade dress of Man-Made or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product names and company names and logos displayed on the Site are the property of their respective owners.

Rights you grant to us

You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through the Service.

 

By submitting, posting or displaying User Content, you give us a worldwide, perpetual, fully-sublicensable, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and otherwise exploit any User Content which you submit or post on or through the Service in any manner or media whatsoever, now known or hereafter developed.

 

By participating in any public forums made available in connection with the Service (including, without limitation, e-courses, conference calls, webinars, online interactive offerings, etc.,), you give us a right to: (i) record your voice by all means of recording technology (the results of which shall be deemed the “Recordings”); (ii) edit any such Recordings (in our sole discretion); and (iii) use such Recordings along with your name, photographs, and likenesses, in connection with the Service and our general business purposes, and all ancillary and subsidiary uses thereof, and all advertising and publicity therefor, and to exploit the Recordings and the public forum features and the Service in any and all manner and media now known or hereafter devised, throughout the world, in perpetuity.

 

You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty-free license to use the feedback you provide to us in any way.

 

While Man-Made appreciates your interest, we ask that you never submit an idea, suggestion, or information that you consider to be confidential and/or proprietary.  If you choose to ignore this request and submit any ideas, suggestions, and/ or information, please be aware that, except with respect to your personally identifiable information (which is governed by our Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Site (collectively, “Suggestions”) shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Man-Made.  Further, you understand and acknowledge that Man-Made employs both internal and external individuals and resources which may have already developed or may in the future develop ideas, concepts, and other information identical or similar to the Suggestions and that Man-Made is only willing to consider the Suggestions on these terms.  In any event, you acknowledge and agree that Man-Made assumes no obligation of confidentiality or nondisclosure, express or implied by considering the Suggestions.  Without limitation, Man-Made shall exclusively own, and you hereby irrevocably transfer and assign to Man-Made, all now known or hereafter existing rights in and to the Suggestions, and Man-Made shall be entitled to unrestricted use of the Suggestions for any purpose whatsoever, commercial or otherwise, without any form of compensation whatsoever.

 

You agree that we are not responsible for protecting and enforcing any intellectual property rights granted by you to us in connection with this Agreement and that we have no obligation to do so on your behalf.

 

Without limitation of the foregoing, in connection with User Content you submit, post or display via the Service, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such User Content in the manner contemplated by the Service and this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant us all of the license rights granted herein.

 

You understand that we may (i) transmit or distribute your User Content over various public networks and in various media; and (ii) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take these actions.

 

You represent and warrant to us that you have all the rights, capacity, power and authority necessary to grant all of the above licenses.

Privacy Policy

For information about our data protection practices, please read our privacy policy. This policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our privacy policy.

Changes to Agreement

We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time with or without notice. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by us. From time to time, we may post on the Service or otherwise notify you of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this Agreement. If you use the Service after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

 

If you have any questions about these Terms and Conditions, You can contact us at info@man-made.org