Terms of Use & Conditions


By purchasing you represent that you have read, understand, and agree to all terms and conditions listed below.

Your access to and use of our website is subject to the following terms and conditions, including all terms that are incorporated by reference (collectively, “Terms of Use”). Your use is also subject to all applicable laws. Registration is required to use certain website features.

BY COMPLETING A REGISTRATION OR VIEWING OR USING THE SITE, YOU REPRESENT TO US THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT AND  HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF USE. IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT, YOUR PARENT OR LEGAL GUARDIAN REPRESENTS TO US THAT THEY HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF USE AND GIVEN YOU PERMISSION TO USE THE SITE.

We may modify these Terms of Use from time to time and the modifications become effective upon posting on our website. You agree to be bound by any changes to these Terms of Use when you use the Site after a modification is posted. Please review these Terms of Use regularly to ensure you are aware of any changes made. These Terms of Use constitute the entire agreement regarding your use of our website.

 

Privacy Policy

Our Privacy Policy is incorporated into these Terms of Use by this reference and your acceptance of these Terms of Use confirms your acceptance of our Privacy Policy. Our Privacy Policy explains the limited personal information we collect and what we do with it.

 

Site Content

The intellectual property rights in the content we provide on our website, including without limitation all text, graphics, artwork, photographs, products, site design, logos, trademarks, icons, images and their selection, arrangement and compilation (collectively, “Site Content“), are owned by us or our content suppliers. Site Content is subject to copyright, trademark, and other applicable laws of the United States and other countries.

You may not copy, reproduce, republish, transmit, disseminate, distribute, modify, create derivative works from, sell, license or otherwise use or exploit Site Content without our prior written permission. You may not use Site Content for any commercial or competitive purposes or for any purpose that may be harmful or detrimental to our website or to us. You cannot claim the designs as your own. Do not use or extract original graphics for any reason. The selling of our files is prohibited as well as offering them as freebies. Site Content is offered for informational purposes only; we shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via our website, and shall not be responsible or liable for any error or omissions in that information. All of our designs are for PERSONAL USE ONLY unless otherwise stated.

 

Trademarks

“MadeCreatively” is our trademark. It may not be copied, imitated or used, in whole or in part, without our prior written permission.  In addition, the look and feel of our website, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission.

 

User Comments and Feedback

All comments, feedback, suggestions and ideas that you submit to us relating to our website or Site Content, or your experience using our website (collectively, “Submitted Ideas“), belong exclusively to us and we may use Submitted Ideas in any medium. We will not be under any obligation to maintain Submitted Ideas in confidence, to pay any compensation for our use of Submitted Ideas, or to respond to any Submitted Ideas.

 

Payment Policy:

All product orders placed directly from this website are completely secure, and handled by Paypal.
This third-party payment processing service uses industry-standard SSL encryption on all personal and financial information submitted during the transaction – and we do not have access any of your financial data.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method.

 

Product Delivery:

Non-Custom Digital – Immediately following payment of non-custom digital products you will receive an email with a link that enables you to immediately download the file(s) a maximum of 5 times. Our digital products are in PDF file format and are password protected. You will be unable to make any changes to them. If you have an account, your downloads may also be accessed by viewing the My Account page.
Custom Digital – Immediately following payment of customized digital products, we will begin creating your one-of-a-kind product. Our digital products are in PDF file format and are password protected. You will be unable to make any changes to them. Once completed, you will receive an email letting you know that you can download the PDF file(s). If you have an account, your downloads may also be accessed by viewing the My Account page. Most custom digital orders are completed within 3 business days.
Physical items – The risk of loss and damage for items purchased by you passes to you upon our delivery of the items to the postal carrier. Replacement of products for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

 

Bingo Cards:

MadeCreatively does not condone gambling, betting or games of risk. Customers purchase, download, print and play our custom bingo cards. We are not responsible for any gambling while playing these bingo cards.

 

Refund Policy:

Since our many of our items are personalized, we are UNABLE TO ISSUE REFUNDS for digital or physical products.

 

Hyperlinks

You are granted a limited, revocable and nonexclusive right to create a text hyperlink to our website, provided that

  • You do not portray us, our website or Site Content in a false, misleading, derogatory or otherwise defamatory manner
  • The linking site contains no adult content, no illegal content, and no content that is offensive, harassing or otherwise objectionable or that is harmful in any way to children.

We may revoke your right to link to our website at any time and in our sole and absolute discretion. You may not use our logos or other graphic images to link to our website without our express written permission. Furthermore, you may not use, frame, or utilize framing techniques to enclose any or our trademarks, logos or any Site Content without our express written permission.

Our website may contain links to third party websites and third party content as a service to those interested in this information. We provide these links as a convenience and a link to a third-party site does not imply our endorsement, adoption, sponsorship or affiliation with the other site or its content. We accept no responsibility for reviewing changes or updates to or the quality, content, policies, nature or reliability of third party site or their content. When you leave our website, these Terms of Use no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

Copyright Complaint Policy

If you believe in good faith that any Site Content infringes your copyright, please notify us via email.  Your notice must include the following:

  • A clear identification of the copyrighted work you claim is infringed
  • A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our website, such as a link to the infringing material
  • Your contact information so that we can reply to your complaint, preferably including an email address and telephone number
  • The following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  • The following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
  • The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Notices must be e-mailed to us to as indicated under the “Comments and Questions” section below.

We suggest that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

 

Warranty Disclaimer

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICIALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MADECREATIVELY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MADECREATIVELY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MADECREATIVELY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

OUR WEBSITE AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR AGENTS, AFFILIATES, OR OUR PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE OUR WEBSITE OR SITE CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR AGENTS, AFFILIATES, OR PROVIDERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE OUR WEBSITE OR DELETE SITE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU BECOME DISSATISFIED IN ANY WAY WITH OUR WEBSITE, SITE CONTENT, OR THESE TERMS OF USE OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING OUR WEBSITE.

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

 

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.

 

Indemnification

You agree to defend, indemnify and hold us and our employees, agents, affiliates and providers harmless from and against any and all claims, actions, suits or proceedings, and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from claims brought by third parties arising out of or accruing from your noncompliance with these Terms of Use or otherwise arising out of your access to and use of our website or Site Content.

 

Applicable Law and Venue

We provide our website from a hosting location in the United States.  If you are attempting to access our website from a location with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please understand that by using our website, which is governed by United States laws and these Terms of Use, you may be transferring personal information to the United States and you consent to such transfer and the application of the laws of the United States.

All disputes, claims or other matters arising from or relating to your use of our website will be governed by the laws of the State of Texas, in the United States, without regard to its conflicts of law principles that might result in the application of laws of another state or country. You agree that in the unlikely event we have a dispute relating to your use of our website, the dispute will be heard and resolved in a court of competent subject matter jurisdiction located in the State of Texas. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceedings in such courts, and covenant not to assert any objection to proceedings in such courts. If you choose to access our website from locations other than the State of Texas, you will be responsible for compliance with all local laws of such other jurisdiction.

 

 Severability

If any provision of these Terms of Use is deemed to be void, unlawful or unenforceable for any reason, all other provisions will remain in full force and effect.

 

Termination

Any use of our website in violation of these Terms of Use or otherwise in a manner we find objectionable, in our sole discretion, may result, among other things, in the termination or suspension of your right to use our website.

 

Comments and Questions

© 2017 MadeCreatively. ALL RIGHTS RESERVED.

Last updated: January 18, 2017