TERMS OF SERVICE
Last updated as of September 21 , 2016.
Mr. Mak’s LLC and its affiliates, successors and assigns (“Mr. Mak’s” or “Company” or “we” or “us” or “our”) is the owner and operator of the website available at www.mrmaks.com (“Website”), and the features, data, information, tools, updates, code, e-mail notifications, newsletters, blog posts, or any other services, products, or materials provided by us (collectively, “Service” or “Services.” For the avoidance of doubt, the Website is included in the Services).
BY ACCESSING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.
If you have questions about the Terms or any of our policies, please contact us at firstname.lastname@example.org.
1. We Reserve the Right to Update and Revise These Terms at Any Time.
From time to time, we will review and update the Terms. You should review these Terms each time you use the Services. Any new features added to the current Services will be subject to these Terms. We will notify you of any updates here, and by 1) posting a notice and link to the updated policies the next time you visit the Website, at which point you must assent to such updated policies; 2) posting a pop-up notice and link to the updated polices on the Website; or 3) e-mailing you a notice and link to the updated policies. You will be deemed to have accepted these Terms, as updated, if you continue to use the Services after you receive such notice.
In order to use the Services, you must (1) be 18 or older, (2) have the ability to enter into a binding contract with us and not be barred from doing so under any applicable laws, and (3) agree that you will not use the Services in any country or in any manner prohibited by any laws, restrictions, or regulations that apply to you, including United States export control laws and/or foreign laws, restrictions, or regulations.
We may change our eligibility criteria at any time, and reserve the right, but are not obligated, to further limit access to the Services to any person, entity, geographic region, or jurisdiction.
You are solely responsible for abiding by all laws and regulations that apply to you.
All provisions of these Terms which by their nature should survive termination shall survive termination; including, but not limited to, provisions governing intellectual property rights, limitation of liability, disclaimer of warranty, and indemnification.
We reserve the right to suspend, block, prevent access to, or your right to use the Services at any time, with or without cause, in our sole discretion and without prior notice to you. We also reserve the right to limit or prohibit all activity that, in our sole judgment, appears to be malicious or unlawful.
5. Links and Third-Party Accounts.
The Services may contain links to third-party websites or resources. We are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply our endorsement of them. You assume all risk arising from your use of any such websites or resources.
6. Conduct and Misuse.
In addition to any other act that we in our sole discretion deem to be misuse, you may not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers’ infrastructure;
- interfere or attempt to interfere with the Services;
- bypass, circumvent, or attempt to bypass or circumvent, any measures intended to prevent or restrict access to the Services, including other accounts, systems, or networks connected to the Services;
- copy, modify, host, stream, sublicense, or resell the Services;
- enable or allow others to use the Services using your personal information;
- use the Services to construct any kind of database;
- use the Services for commercial or competitive purposes;
- access or attempt to access the Services by any means other than the interface we authorized;
- access the Services in order to (i) build a competitive product, (ii) build a product using similar ideas, features, functions or graphics to ours, or (iii) copy any ideas, features, functions or graphics of the Services;
- frame or mirror any part or content of the Services;
- re-identify or discover the identify of certain anonymous parties presented to you;
- violate anyone’s intellectual property rights;
- upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
- impersonate any person or entity, or misrepresent your affiliation with a person or entity;
- upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
- publish anyone’s identification documents or sensitive financial information;
- disrupt, interfere with, or inhibit any other User from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
- engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
- place advertisements of any products or services in the Services;
- manipulate identifiers in order to disguise the origin of any content;
- upload, post, or otherwise make available any content that you do not have a right to make available (such as inside information, proprietary or confidential information);
- use any data mining or similar data gathering and extraction methods in connection with the Services;
- violate any applicable law or regulations;
- violate these Terms; or
- collect or store data about others in connection with any of the prohibited activities above.
You shall comply with any codes of conduct, policies, or other notices we provide or publish in connection with the Services.
7. Our Intellectual Property.
Except as otherwise provided herein, the Services and all content appearing therein are the exclusive property of Mr. Mak’s or our licensors and are protected by copyright, trademark, patent, trade secret, and other applicable laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Services (collectively the “Marks”) are proprietary to Mr. Mak’s, or the respective owners of such Marks (collectively, “Company Content”). For the avoidance of doubt, “Mr. Mak’s” and “Ginbao” are our trademarks. You may not display, reproduce, or otherwise use Company Content, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited.
Subject to your compliance with these Terms and applicable law, you may access the Services and Company Content. We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Company Content. We reserve all rights not granted under these Terms. In addition, any content that we provide to you is licensed on a personal, revocable, non-sublicensable, non-assignable and non-exclusive basis, not sold to you. You will not use, copy, adapt, modify, hack, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted in these Terms. Our Services and Company Content contain proprietary and confidential information that is legally protected.
8. Your Communications With Us.
We do not want to receive confidential, proprietary or trade secret information through the Services. Any information materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and we may use that information for any purpose including, but not limited to, developing, manufacturing, and marketing products. By submitting any such information, you grant us an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free license that will survive termination of these Terms.
9. WARRANTY DISCLAIMER.
IN ADDITION TO ANY DISCLAIMERS SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO (A) YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, (B) ANY ADVICE, RECIPIES, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES; OR (C) ANY OTHER COMMUNICATIONS, TRANSACTIONS, CONTENT, OR DATA ON THE SERVICES, WHETHER PROVIDED OR OWNED BY YOU, THE COMPANY, OR BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, BUGS, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES (“HARMFUL COMPONENTS”), AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
We are not responsible for the accuracy, appropriateness, or legality of any information posted, submitted, made available, or accessed by you or other Users of the Services. we make no claims or representations regarding any content we do not create. We are not responsible or liable, directly or indirectly, for any damage or loss that results from your use of, reliance on, or any other connection between you and any content or data that ANY third party makes available.
WE DO NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION, OR GOODS AVAILABLE OR ADVERTISED ON THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. Information on the Services concerning any products or services is subject to change without notice. products and services described on the Services may not be available in all geographic locations.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF HARMFUL COMPONENTS, WE DO NOT GUARANTEE THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH HARMFUL COMPONENTS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH COMPONENTS. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. While we take measures to ensure that information is transmitted using reasonable security measures, we do not guarantee that those transmissions will be encrypted. You are solely responsible for adequate security protection.
10. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, SHAREHOLDERS, AGENTS, PARTNERS, AND LICENSORS, INCLUDING ANY THIRD-PARTY PROVIDER, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, BUSINESS LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) ANY CONTENT, COMMUNICATIONS OR TRANSACTIONS PROVIDED THROUGH OR OTHERWISE FACILITATED BY THE SERVICES OR ANY ERRORS OR OMISSIONS OR INACCURACIES IN THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR THE SERVERS OF MR. MAK’S OR ITS THIRD-PARTY PROVIDERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN BY; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (V) ANY HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE) OR (B) ANY DIRECT DAMAGES IN EXCESS OF $100.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MR.MAKS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN COMPLIANCE WITH NEW JERSEY’S TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (TCCWNA), N.J.S.A. § 56:12-14, THE DISCLAIMERS SET FORTH HEREIN MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN THE STATE OF NEW JERSEY.
You will defend, indemnify and hold us and our AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, SHAREHOLDERS, AGENTS, PARTNERS, AND LICENSORS, INCLUDING ANY THIRD-PARTY PROVIDER, harmless from any claim, demand, liabilities, loss, expenses or damages, including without limitation reasonable attorneys’ fees, arising out of your use of the Services or your violation of these Terms.
If you believe in good faith that any material posted on the Services infringes any of your other intellectual property rights, or is otherwise unlawful, you must notify us at email@example.com. We will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
If any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
14. Entire Agreement.
Notwithstanding anything to the contrary herein, these Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Services. Any rights not expressly granted herein are reserved.
15. Errors, Omissions and Support.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product or Service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Transactions at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Services, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated.
Due to maintenance, security, or capacity issues, or to events beyond our control, equipment malfunction, power failures, hostile attacks, etc., the Services may be temporarily suspended or affected.
16. Modification of Services.
We may modify, update, or discontinue the Services at any time without liability to you or anyone else.
17. Governing Law, Dispute Resolution, Arbitration And Class Action Waiver.
The laws of the State of New York, excluding its conflict of laws rules, shall exclusively govern any dispute relating to the Terms and/or the Services and any claim must be brought in the federal or state courts of New York County, New York. Your use of the Services in another jurisdiction does not give rise to personal jurisdiction over the Company in jurisdictions other than New York.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect. If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation. Whenever the words “include,” “includes” or “including” are used in the Terms, they shall be deemed to be followed by the words “without limitation.” Whenever the word “or” is used in the Terms, it shall not be deemed exclusive. The definitions contained in the Terms are applicable to the singular as well as to the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. Any pronouns used herein shall include the corresponding masculine, feminine or neuter forms.
Regardless of any statute or law to the contrary, any claim or cause of action related to the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. Contact Us.
If you have any questions, complaints, or claims with respect to the Services or any of the Terms, you may contact us at firstname.lastname@example.org.
Copyright © 2016. Mr. Mak’s LLC. All Rights Reserved.