TERMS & CONDITIONS OF USE

 

(Effective May 1, 2019)

Madog, Sculpted Fabrication, LLC. ("Madog," "us," "our," or "we") maintains its website and other online or mobile sites as a service to our customers and to inform you about our many offerings. By using or accessing the sites owned, controlled or sponsored by Madog, including www.Madog.co, its mobile applications, and all other sites, mobile sites, services, applications, tools and platforms where these Terms and Conditions appear or are linked (collectively, the "Site"), you agree to these Terms and Conditions. Madog may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you as changed.  Certain areas within the Site may be governed by additional terms ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms and Conditions.

 

BY ACCESSING OR OTHERWISE USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE.  IF AT ANY TIME YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.

 

The full Terms and Conditions are set forth below. If you are looking for information on a specific topic, please click on the appropriate bookmark in this Table of Contents.

Proprietary Rights/Limited License

 

Unless otherwise noted, the Site, and all features and materials on the Site, including text, graphics, thumbnails, illustrations, images, photographs, video clips, and other content, and the copyrights, trademarks, trade dress, trade names and/or other intellectual property in such materials (collectively the "Contents"), are owned, licensed or otherwise controlled by Madog. The compilation of the Contents included in or made available on the Site is the exclusive property of Madog, and protected by copyright law. Madog and its suppliers and licencors expressly reserve all intellectual property rights in the Contents. Please see the Trademarks page for more information about the trademarks of Madog and its affiliates.

 

From time to time there may be information on the Site that is inaccurate or incomplete, or that contains typographical errors. Madog reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (even after you have submitted your order).

 

Madog authorizes you to view the Contents on the Site, and to download and make a single copy of all or a portion of the Contents at your own risk and only for your PERSONAL NONCOMMERCIAL USE. You may not use the Site or any Contents for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. You may not otherwise copy or download Contents, and may not modify, use or distribute the Contents, the Site, or any related software in any way unless you obtain the written permission of Madog. In the event you download Contents as permitted under this Terms & Conditions of Use, you agree to retain all copyright and other proprietary notices contained on the Contents. If you violate these Terms and Conditions, your permission to use the Contents terminates, and you agree to immediately destroy all copies of the Contents.

 

Prohibited Uses and Activities

 

The Site may not be used (a) to transmit, distribute, store or destroy material, including without limitation the Contents, in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. The Site may not be used for any illegal purpose or in any manner that would subject Madog, its affiliates, or any of the users of the Site to liability.

 

You agree that you will not use the Site for any of the following: (a) providing Madog with, or transmitting or posting, any incomplete, false or inaccurate information; (b) deleting or revising any material or Contents posted by Madog or any other person or entity without authorization; (c) harvesting or collecting personally identifiable information about other users of the Site; (d) using the Site to defame, harass, stalk, threaten, or otherwise violate the legal rights of others, including privacy or publicity rights; (e) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site; (f) taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure; (g) if you have a password, allowing unauthorized access to a non-registered user to a non-public area of the Site, disclosing to or sharing your password with any third-party or using your password for any unauthorized purpose; (h) using or attempting to use, without Madog's permission, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Madog on this Site and other than generally commercially available third-party web browsers (e.g., Microsoft Internet Explorer, Google Chrome, FireFox); (i) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site; (j) aggregating, scraping, extracting, data mining, or duplicating in any manner any of the Contents or information available from the Site, except as otherwise expressly allowed by these Terms and Conditions; or (k) framing or linking to any of the Contents or information available from the Site without Madog's written permission.

 

You are prohibited from violating or attempting to violate the security of this Site, including without limitation, (a) accessing data not intended for your access or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service or functionality to any user of the Site, host or network, including without limitation, via means of submitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines or software code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information or by any activity of overloading, "flooding," "spamming," "mailbombing" or "crashing" this Site or its associated services; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services through this website or to other users of this Site; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting relating to this Site

 

Right to Limit / Deny Access

 

Madog reserves the right to prohibit any user further access to its Site for violating these terms and conditions or any law. Madog may take any action with respect to user-conduct that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for Madog, damage the Madog's image, cause harm to others, cause Madog to lose (in whole or in part) the Site; or cause Madog to lose (in whole or in part) the services of its ISPs or other suppliers.

 

Third Party Links

 

Madog provides links to third party websites solely as a convenience to you and not as an endorsement. Such links have not been reviewed by Madog, and Madog assumes no responsibility for the content of any sites linked to this Site.  Madog is further unable to inspect or confirm that the materials or information contained on the site that are linked to the Site are correct in every case.

 

User Comments, Feedback and Other Submissions

 

Madog welcomes your feedback and comments regarding our products and services, as well as photos, videos and other content (collectively "User Submissions"), at various places in the Site, including third party sites where we post content or invite your feedback, such as www.facebook.com/madogllc, www.twitter.com/madogLLC, and www.instagram.com/madogllc ("Social Media Platforms"). In addition to these Terms and Conditions, there are Guidelines that apply to your activities on our pages on such Social Media Platforms. Please note, however, that Madog does not control those Social Media Platforms, and these Terms and Conditions and our Guidelines do not apply to companies that Madog does not own or control, or to the actions of people that Madog does not employ or manage. You should always check the terms of use posted on Social Media Platforms.

 

You may not use a false email address, impersonate any person or entity, or otherwise mislead Madog or third parties as to the origin of the User Submissions. Madog reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. Madog takes no responsibility and assumes no liability for any User Submissions posted by you or any third party.

 

Please note that we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any User Submissions and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law.

 

Any communication or other material you send to the Site by e-mail or other means, including your questions, suggestions, ideas, proposals, or comments, is not confidential or proprietary, and Madog has no obligation of confidentiality, express or implied, regarding such communications. Madog may have something similar to those communications already in development or under consideration. Madog may use or otherwise exploit such User Submissions with or without attribution, and you are not entitled to compensation, payment, or reimbursement of any kind from Madog for such materials under any circumstances unless you are otherwise notified in writing by Madog.

 

By sending User Submissions or any other communications to the Site, you grant Madog a royalty-free, irrevocable, perpetual, non-exclusive, sub-licensee, worldwide license to use, reproduce, modify, edit, distribute, perform and display any communication or other User Submissions you transmit to the Site (and the ideas contained in such material as well as the name submitted in connection with such materials, if we choose) for any purpose, anywhere, including without limitation reproducing, posting, broadcasting, or publicizing such material or using such material for marketing, advertising or other commercial purposes in any media.

 

Please refer to our User Generated Content Policy for further information and requirements on any content you submit to the Site.

 

User Transactions

 

If you wish to purchase any product or service made available through the Site (each such purchase a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Madog the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

 

Madog reserves the right, with or without prior notice, to do any of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user for making or completing any or all Transactions; and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

 

Colors and Style

 

Madog attempts to display as accurately as possible the colors and styles of the products shown on the Site. However, Madog cannot and does not guarantee that your monitor's display of any color or style will be accurate.

 

Merchandise Reserve in Store

 

Depending on location, some US Customers may see a "Reserve in Store" button for a product listing on the Madog.co online store. This feature allows you to request that the selected store reserve the item for you. Clicking on the feature will open a registration form which collects your name and email. This information will be used by Madog to contact you by email about the status of your Reserve in Store requests. We may use this information as described in our Privacy Policy, however we will not use the contact information obtained through the Reserve in Store feature to send you any other marketing communications besides your Reserve in Store status updates unless you consent to receive marketing. You may also be sent a short survey requesting feedback regarding this feature.

 

Gift Cards

 

Madog gift cards will soon be available to customers!

 

Privacy

 

Please review our PRIVACY POLICY which also governs your use of the Site, to understand our practices. The Privacy Policy is incorporated by reference into these Terms and Conditions.

 

Disclaimer of Warranties/ Limitation of Liability / Indemnification

 

Please review our   THE SITE AND ALL INFORMATION, CONTENTS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY MADOG ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MADOG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENTS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY LAW, MADOG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MADOG DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENTS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM MADOG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MADOG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENTS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

Madog makes no claims that the Contents are appropriate or may be downloaded outside of the United States. Access to the Contents by certain persons in certain countries may not be legally allowed. If you access the Contents outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Madog may make changes to the Site, Contents and the product information and prices at any time without notice and without obligation to update the Contents.  YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

 

DMCA Notice – Notice and Procedure for Making Claims of Copyright Infringement

 

Madog respects the rights of all copyright holders and we ask visitors to our site to do the same. Our policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"), and you agree to comply with the processes outlined below in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Madog's Copyright Agent the written information specified below. When a clear and valid notice is received pursuant to the guidelines set forth below, Madog will respond by either taking down the allegedly infringing content or blocking access to it. Madog may contact the notice provider to request additional information. Under the DMCA, Madog is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Madog a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, please provide the following information in a written letter by regular mail or email only:

 

●     An electronic or physical signature of the person authorized to act on behalf of the owner of the                         copyright interest;

●     A description of the copyrighted work that you claim has been infringed upon;

●     A description where the material that you claim is infringing is located on the site;

●     Your address, telephone number, and e-mail address;

●     A statement by you that you have a good faith belief that the disputed use is not authorized by the                   copyright owner, its agent, or the law;

●     A statement by you, made under penalty of perjury, that the above information in your notice is accurate         and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

 

We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliance notice.

 

Applicable law; Disputes; Waiver of Right to Bring Class Action and Jury Trial

 

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, UNITED STATES OF AMERICA, WITHOUT REGARD TO TEXAS'S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF TEXAS, LOCATED IN HARRIS COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.

 

YOU AND MADOG AGREE THAT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH MAY BRING DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF THIS SITE AND/OR THESE TERMS AND CONDITIONS AGAINST THE OTHER ONLY IN YOUR OR THEIR INDIVIDUAL CAPACITIES IN THE FORUM DESIGNATED IN THIS SECTION, AND, IN SO DOING YOU AND MADOG HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER) AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT. YOU AND MADOG FURTHER AGREE THAT, EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.

 

USER GENERATED CONTENT POLICY

 

In addition to the Madog Terms and Conditions, which terms and definitions are incorporated by reference, this User Generated Content Policy (the "Policy") governs all User Submissions that you upload, post, email or otherwise transmit via or to the Site, including through Social Media Platforms (such as Facebook, Twitter, or Instagram), and including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials.

 

Madog is pleased to hear from users and welcomes your comments regarding our products and services. Please keep in mind, however, that you are responsible for ensuring that your User Submissions comply with this Policy, and with any applicable law. By making a User Submission to Madog, you represent and warrant that:

 

●   Your User Submissions will be accurate, truthful and not false or misleading;

●   Your User Submissions are not, or would not reasonably be considered to be, unlawful, libelous, obscene,        bullying, vulgar, offensive, abusive, threatening or harassing to any individual or entity;

●   Your User Submissions will not violate the rights of any person or entity, including without limitation                    copyright, trademark, trade secret, privacy, publicity, confidentiality, or other personal or proprietary                rights;

●   Use of your User Submissions will not cause injury to any person or entity;

●   You own or otherwise control all of the rights to the User Submissions you provide and you have the full            authority to provide the non-exclusive license outlined below to Madog to use all of the intellectual                  property rights and other rights in the User Submissions in the manner contemplated by the Site and this          Agreement;

●   You understand that your User Submissions will not be returned and may be utilized, exploited, and/or             distributed by Madog commercially and in its advertising and marketing materials, including but not                 limited to, online and in television broadcasts, store materials and social media, without any compensation       to you;

●   You shall comply with the Federal Trade Commission's Guides on the Use of Endorsements and                         Testimonials in Advertising. This means, for example, that if you received compensation in any form                   (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon)           in exchange for posting content on the Site (including but not limited to product reviews, photographs,           and on social channels), then you must disclose this in your posting. All disclosures must be made clearly         and conspicuously;

●   All "moral rights" that you may have in such User Submissions have been voluntarily waived by you and            you do not require that any personally identifying information be used in connection with your User                  Submissions, or any derivative works of or upgrades or updates thereto;

●   You understand you are participating in a public forum and that your User Submission will be available to          all other users of the Site and potentially Social Media Platforms; You further understand that Madog has          no control over any User Submissions once it leaves the Site, and that others may duplicate material                  found on the Site;

●   Your User Submissions are not submitted for compensation or other consideration from a third party; your       User Submissions also are not a form of phishing and do not contain any unsolicited or unauthorized                 advertising;

●   Your User Submission does not include any personally identifiable information of any third party and does        not reference any other websites;

●   Your User Submission does not contain any computer viruses, worms or other potentially damaging                    computer programs, files or malware;

●   You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or          legal guardian to use the Site and agree to these terms; and

●   That use of the User Submissions you supply does not violate the Madog Terms and Conditions, and will          not cause injury to any person or entity.

 

 

By sending User Submissions or any other communications to the Site, you grant Madog a royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, worldwide license to use, reproduce, modify, edit, distribute, perform and display any communication or other User Submissions you transmit to the Site (and the ideas contained in such material as well as the name submitted in connection with such materials, if we choose) for any purpose, anywhere, including without limitation reproducing, posting, broadcasting, or publicizing such material or using such material for marketing, advertising or other commercial purposes in any media. You further represent and warrant that you will defend and indemnify Madog and its affiliates for all claims resulting from any User Submission you provide. This license and indemnity obligation will survive the termination of this Agreement and your use of the Site.

 

Madog reserves the right to remove any User Submission from the Site for any reason.

 

User Submissions are subject to our DMCA Notice and Procedure for reporting claims of copyright infringement.