If you do not agree to these Terms, you are directed to discontinue accessing and using the Sites. Please note that this or any part of these Terms may be changed or updated by Makellos from time to time without prior notice to you. Your continued access or use of the Sites after such changes or updates indicates your acceptance of the Terms as changed or updated. It is your responsibility to review these Terms regularly.
Content of the Makellos Sites
The Sites, including their operating source codes, are owned and operated by Makellos. All of the information and content that is featured, displayed, or contained on any of Makellos’ Sites, such as posts and narratives, software codes, and all other information in any and every format now existing or that may be created in the future, including without limitation text, graphic designs, still images, videos, audio, and multimedia (collectively, the “Content”) is owned or licensed by Makellos.
The words “User Content”, as used in these Terms, refers to Content that you, or any other user of the posts, submits,enters or transmits to any of the Sites.
Your access to and use of Makellos’ Sites, all Content and all User Content, and the marketing and sale of products and services of Makellos, are also subject to all applicable laws and regulations.
Copyright and Trademark Ownership
Makellos’ Sites, and all Content contained on Makellos’ Sites, are protected by United States copyright and trademark law and other applicable laws. All copyrights and trademarks which are not the property of Makellos that are used or referred to in Makellos’ Sites are the property of their owners. Unless otherwise indicated therein, nothing contained in Makellos’ Sites will be construed as granting any license or any other rights to any copyright, trademark, patent, or other property of Makellos’ or any third party, whether by implication, laches, estoppel, explicit grant, or otherwise. The Content is proprietary. Any unauthorized use of Content or other materials on Makellos’ Sites may violate applicable laws, and shall be a violation of these Terms, and may violate the terms of Makellos’ Social Media Sites.
You are solely responsible for any and all acts and omissions that occur during or relating to your access and/or use of Makellos’ Sites. You agree not to access or use any of Makellos’ Sites in any way that is unacceptable or illegal (as determined by Makellos in its sole discretion). Specifically and without limitation, you agree not to do any of the following things:
- Post, submit, enter or transmit material that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including Makellos.
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sites or their source codes.
- Remove any copyright, trademark, or other proprietary rights notices contained in Makellos’ Sites, or embedded in or attached to any Content.
- Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.
- Express or imply that any statements you make are endorsed by Makellos.
- “Hack” or deface any portion of any of Makellos’ Sites.
- Interfere with, disrupt, or attempt to gain unauthorized access to other user accounts on any of Makellos’ Sites or any other computer network.
- Post, submit, enter or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious computer codes, scripts, applications, or programs (collectively, a “Virus”).
- Restrict or inhibit any other user from using or accessing any of Makellos’ Sites.
- Reproduce, distribute, modify, sell, license, or re-post any Content on websites or computer networks, other than Makellos’ Sites.
- Frame or mirror any portion of any of Makellos’ Sites on any other website or computer network.
- Engage in data extraction or data-mining.
- Transfer or store any Content residing or exchanged over any of Makellos’ Sites in any electronic network, including without limitation a peer-to-peer network, for use by more than one user.
- Collect or use any information about other users of any of Makellos’ Sites, whether the information is personally identifiable or de-identified and aggregated with information concerning other users of the Sites.
By accessing and using any of Makellos’ Sites, including any User Content that you submit to Makellos in connection with same, including without limitation your name, telephone number, email address, or other information, you agree as follows:
- You warrant that you own the right to utilize, to license, and to sublicense such User Content.None of the User Content will be subject to any obligation (whether of confidentiality, attribution, or otherwise) on the part of Makellos. Makellos shall not be liable whatsoever for any use or disclosure of any such User Content.
- You shall maintain any and all copyright or other proprietary notices embedded in or attached to any User Content.
- You shall assume full and sole responsibility for any User Content that you post or communications that you make to any of Makellos’ Sites.
- You hereby automatically and immediately assign to Makellos’ an exclusive, royalty-free, worldwide, perpetual license to any and all User Content for any and all purposes.
Copyrights and Copyright Agent
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on any of the Sites should be sent to Makellos’ designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by notice to Makellos’ designated agent:
- 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;
- Your address, telephone number, and email 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; and
- 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.
Makellos’ designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:
Attn: Copyright Agent
7400 State Road,
Philadelphia, PA 19136
Disclaimer of Warranty; Limitation of Liability
The Sites, and all Content posted on any of the Sites, or delivered to you from, through, or via any of the Sites, is provided to you “as is” and, other than as expressly provided on the Sites including through Makellos’ 3 Year Limited Warranty, without any warranties of any kind, express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose by Makellos or any of its affiliates, principals, partners, employees, agents, or representatives. Makellos makes no representations whatsoever about the suitability of the information or Content contained on Makellos’ Sites for any purpose. You agree and understand that you must evaluate and bear all risks associated with accessing and using any of Makellos’ Sites, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content or User Content.
MAKELLOS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES THAT ARE MARKETED AND SOLD ON OR THROUGH MAKELLOS’ SITES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN AS EXPRESSLY PROVIDED ON THE SITES INCLUDING THROUGH MAKELLOS’ 3 YEAR LIMITED WARRANTY. You agree that Makellos’ maximum liability arising from any use of any of Makellos’ Sites under any circumstances will be limited to U.S. $100.00. (Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.)
IN NO EVENT WILL MAKELLOS OR ITS PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER OR LOST OR ANTICIPATED PROFITS RELATED TO ANY INFORMATION OR CONTENT LOCATED ON,OR POSTED, SUBMITTED, ENTERED OR TRANSMITTED TO, THROUGH, OR FROM MAKELLOS’ SITES; OR FOR ANY PRODUCT OR SERVICE MARKETED OR SOLD ON OR THROUGH MAKELLOS’ SITES; OR FOR YOUR RELIANCE ON ANY INFORMATION, CONTENT OR USER CONTENT THAT IS LOCATED ON,OR POSTED, SUBMITTED, ENTERED OR TRANSMITTED TO, THROUGH, OR FROM MAKELLOS’ SITES, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, TORT, EQUITY, OR ANY OTHER FORM OF RELIEF OR ACTION, OR WHETHER OR NOT ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION OR CONTENT AVAILABLE FROM MAKELLOS’ SITES, OR WHETHER OR NOT ALLEGED TO HAVE BEEN CAUSED BY ERRORS OR OMISSIONS IN THE CONTENT OR OTHER INFORMATION CONTAINED WITHIN MAKELLOS’ SITES.
Makellos expressly disclaims any responsibility or liability based upon or arising out of a violation of these Terms by any user of Makellos’ Sites.
Makellos is not responsible for any errors or omissions in postings on or submissions to Makellos’ Sites, including without limitation the Blog, or for any results obtained from the use of such Content, User Content or other information. Under no circumstances shall Makellos’ be liable for any loss or damage caused by your reliance on Content, User Content or other information obtained from or through Makellos’ Sites. Makellos strives to provide accurate information, but makes no claims, promises, representations, or guarantees about the accuracy, completeness, or adequacy of the Content, User Content or other information contained in or linked to or from Makellos’ Sites. Makellos therefore cannot and does not claim, promise, represent, or guarantee that any Content, User Content or other information is appropriate for any particular user.
The information contained on Makellos’ Sites may be changed at any time without any prior notification or obligation.
Makellos does not routinely monitor Makellos’ Sites or any Content, User Content or other information that is posted to its Sites by users. However, Makellos reserves the right to monitor Makellos’ Sites, and to edit, modify, or remove any Content, User Content, or other information that Makellos (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for Makellos to monitor, edit, modify, or remove any Content, User Content or other information on its Sites.
Third Party Content
Makellos’ Sites may provide hyperlinks to other web pages, websites, links, social media sites and platforms, applications, and other resources that are available on the Internet (collectively, the “Third Party Content”). Makellos has no control over any Third Party Content that you access or use via such hyperlinks; Makellos does not endorse any Third Party Content; Makellos is not responsible for any Third Party Content or for the consequences of your access or use of any Third Party Content, or for any content, advertising, products, services, information or other materials on or available from such Third Party Content; and Makellos makes no covenants, warranties or representations whatsoever about any of the foregoing. All Third Party Content is provided as a convenience to our users only. Makellos does not endorse or accept any responsibility for any Third Party Content or your access or use of such Third Party Content. You acknowledge and agree that Makellos shall not be responsible or liable for any damage or loss caused or alleged to have been caused in connection with your use of or reliance on any Third Party Content, or any advertising, products, services, information or other materials that may be available on or through any such Third Party Content. It is your sole responsibility to take any necessary precautions to ensure that any Third Party Content that you may choose to access and use is safe, appropriate and does not contain any inaccuracies, Viruses, or other items of a destructive nature.
Use of Makellos’ Social Media Sites
Makellos’ Website contains a blog, forum and question and answer section (collectively, the “Blog”) for users of the Website. The Blog is designed to permit you to share your ideas and opinions. Information on the Blog is provided by Makellos’ staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Makellos. You acknowledge that a large volume of information is available on Makellos’ Sites, including on the Blog, and that people participating on the Sites, including on the Blog, may post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive. Makellos neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information, or other statement made or displayed on the Sites, including on the Blog, by third parties. The opinions expressed on the Sites, including on the Blog, reflect solely the opinions of the users of the Blog and may not reflect the opinions of Makellos. Makellos is not responsible for any errors or omissions in postings on the Sites, including on the Blog, for hyperlinks embedded in posts or messages, or for any results obtained from the use of such information. Under no circumstances will Makellos be liable for any loss or damage caused by your reliance on information obtained through the Site, including on the Blog.
You acknowledge that due to the immediate nature of the Internet and postings on the Website, Makellos may not censor, approve, edit, or endorse information placed on the Sites, including on the Blog, by its users. Makellos cannot (and does not) guarantee that inappropriate material will not be posted on the Sites, including on the Blog.
You understand that by accessing and using the Sites, including the Blog, you may be exposed to Content that may offend you. Your sole and exclusive remedy is to avoid such Content by discontinuing your access and use.
Opinions, comments and other statements expressed by users of the Sites, including on the Blog, are theirs alone, and are not opinions of Makellos. Content created by users are the sole responsibility of such users, and their accuracy and completeness are not endorsed or guaranteed by Makellos.
Makellos does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Blog or any other part of the Sites, except that Makellos (i) may consolidate and edit for clarity any Content posted to the Sites, including on the Blog, and (ii) reserves the right to monitor the Sites, including the Blog and to remove any information that Makellos (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for Makellos to monitor, screen, or edit Content on the Sites, including on the Blog, in any way.
Conduct by Users
All users are required to access and use Makellos’ Sites for lawful purposes only. You agree not to post, submit, enter or transmit to, from, through, or by means of Makellos’ Sites any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or which may give rise to civil or criminal liability.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE MAKELLOS’ SITES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE BY A PERSON, MAKELLOS RESERVES THE RIGHT TO SEEK MONETARY DAMAGES AND ALL OTHER AVAILABLE RELIEF FROM SUCH PERSON TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Makellos and its principals, officers, directors, shareholders, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including reasonable attorneys’ and professionals’ fees and expenses) resulting from (1) your violation of these Terms and (2) your compliance with, or legal matters associated with or arising out of, any subpoena or legal process that relates to you. Makellos reserves the right to assume, at its sole expense, the exclusive defense and control of any matter that is subject to indemnification by you. In such event, you agree to cooperate fully with Makellos in asserting any available defenses and in all other respects, at Makellos’ request.
Your access to and use of Makellos’ Sites is licensed to you, not sold. This license shall immediately and automatically terminate upon your breach of these Terms, without any requirement to give notice thereof to you. In addition, Makellos may terminate this license immediately at any time, at will, and for the convenience of Makellos. If you do not abide by these Terms, you are not authorized to access or use Makellos’ Sites.
Any and all disputes arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the United States District Court for the District of Pennsylvania located in Philadelphia, Pennsylvania or the state courts located in (or having jurisdiction over) Philadelphia County, Pennsylvania. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Makellos for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against (or by) you. These Terms, and their validity and effect, will be interpreted under and governed by the substantive laws of Pennsylvania, without regard to principles of conflicts of laws or statutes.
By your acceptance of these Terms and your access and/or use of Makellos’ Sites, and as a material condition of such access and/or use, you warrant to Makellos that you are over the age of eighteen (18) years, or you are otherwise eligible to use and/or purchase Makellos’ products and/or services, and that you have provided accurate and complete information in all of your communications with Makellos (including without limitation your username, password and user profile).
These Terms, and any other rules or terms posted on any of Makellos’ Sites, constitute the entire agreement between you and Makellos, and supersede all previous written or oral agreements between Makellos and you. No action or inaction by Makellos may be construed as a waiver of these Terms or any part thereof. If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect.
Copyright © 2019 by Makellos. All Content contained in and on Makellos’ Sites is intellectual property belonging exclusively to Makellos and/or their respective owners, and is protected by federal and state copyright and other laws and international laws and treaties. Any copying, republication, redistribution or public performance of the Content is strictly prohibited. Makellos enforces its copyright, trademark, and other legal rights and interests to the maximum extent permitted under the law. All rights of Makellos are expressly reserved.
Last Modified: 09/16/2019