TERMS & Privacy
The Following is a Legally Binding Agreement.
This website (the “Website”) is owned and operated by Only Made, LLC (hereinafter “Only Made”), a New York limited liability company. All content and information provided on or through the Website (hereinafter “Content”) may be used only under the following terms of service (“ToS”). If you disagree with any of the provisions of the ToS now or at any time hereafter, you are not authorized to access or use the Website and you must leave the Website immediately.
1. Grant of Rights.
As a user of this Website, Only Made grants you the nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content strictly in accordance with the ToS and Only Made’s Privacy Policy. Only Made may terminate this license at any time for any reason.
2. Limitations on Use.
The Content on this Website is for your personal use and you may not copy, reproduce, republish, distribute, display, transmit, sell or otherwise use or exploit any of the Content except with Only Made’s prior written permission. Without limiting the generality of the foregoing, you may not (a) create derivative works from the Website or the Content, (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Website or the Content without Only Made’s prior written permission. The Website is not meant for use by persons under the age of 18 and Only Made will not knowingly collect any personally-identifiable information (“PII”) from persons under the age of 18 without verified parental consent.
3. Intellectual Property Rights.
Trademark Notice. Only Made, the Only Made logo, and other marks used on the Website, whether or not they appear with the symbols ® or ™, are trademarks and/or service marks of Only Made, LLC and may be registered in the United States or in other jurisdictions including internationally. Only Made’s trademarks, service marks and trade dress may not be used in connection with any product or service (i) that is not authorized by Only Made in writing; (ii) in any manner that is likely to cause confusion among customers that the source of such product or service is, or is in any way associated with, Only Made; or (iii) in any manner that disparages or discredits Only Made. All other trademarks not owned by Only Made that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Only Made.
Trademark Notice. Copyright Notice. All Content, including without limitation text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Only Made or its Content suppliers and is protected by United States and international copyright laws. The compilation of Content on the Website is the exclusive property of Only Made and protected by U.S. and international copyright laws. The Website is © 2020 Only Made, LLC – All Rights Reserved.
By using the Website you are acknowledging that the trademarks, service marks, trade dress and Content on the Website or otherwise belonging to Only Made are and shall remain, except where owned by a third party, the sole and exclusive property of Only Made. Nothing in the ToS or on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of Only Made’s trademarks, service marks, trade dress or Content.
4. Linking to the Website.
You may provide a link only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Only Made notice of such link by sending an e-mail to contact@onlymade.co, and (c) you discontinue providing such link to this Website if requested by Only Made. If you wish to provide a link to a section within the Web site, you should forward your request to Only Made at contact@onlymade.co and Only Made will notify you if permission is granted, and if so, the terms and conditions of the such permission.
5. Registration.
Users of the Website who wish to purchase goods advertised and sold on the Website will be required to register by providing certain PII (hereinafter “Registration Information”) to Only Made, including but not limited to such user’s name, address, telephone number and credit card information, in order allow Only Made to identify and contact such users. With respect to Registration Information provided by you, you warrant, represent, acknowledge and agree that (a) it is accurate and true and you shall keep it updated in all respects so that it remains accurate and true at all times; (b) Only Made may use your Registration Information for processing your orders and payments, for delivering your purchases and for such other purposes as are specifically set forth in and consistent with Only Made’s Privacy Policy; and (c) any failure by you to maintain true and accurate Registration Information may affect the payment and delivery of the goods offered on the Website and may result in suspension or termination of your registration.
6. Limitations on Liability.
You acknowledge and agree that:
The Website is provided on an “as is” basis. Only Made makes no warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Only Made does not warrant or represent that (a) the Content will at all times be correct, accurate, timely, or otherwise reliable, (b) the Website and Content will be error-free, free of viruses or other harmful components, (c) errors or defects will be corrected, or (d) any purchase or other transaction conducted through the Website will be completed and fulfilled or will result in the benefits you intended to receive therefrom;
In the event that third party content appears on the Website or is accessible via links from the Website, Only Made shall not be responsible and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or linked (including through multiple tiers) to the Website. You understand that the information and opinions in the third party content are neither endorsed by nor reflect the belief of Only Made. If you download any material from, provide any information to, or transact any business on a linked website, you do so solely at your risk;
Only Made’s sole liability to users of the Website is limited to the delivery of merchandise purchased on the Website or a refund for same, if applicable, in accordance with Only Made’s Returns Policy stated in paragraph 6 above. In no event shall Only Made or its officers, directors, shareholders, employees, sub-contractors, licensees or agents be liable to you or any third party for any direct, indirect, special, incidental, consequential, punitive or exemplary damage (including but not limited to loss of business, profit, information, data, use, revenue or other economic advantage) arising out of or connected to (a) your reliance on or use of the Website or the Content, (b) the misuse by any third party of any PII, (c) your failure to provide and maintain accurate PII, or (d) your access or use of a website linked (including through multiple tiers) to the Website;
Some states or other jurisdictions do not allow the exclusion of implied warranties and limitations on certain kinds of liability, so some of the above may not apply to you. In any jurisdiction or proceeding in which the foregoing limitations on liability are found not to apply, in no event shall our liability to you for any claim exceed One Hundred US Dollars (US $100).
8. Force Majeure.
Only Made shall not be in default under this ToS nor be liable for failure to observe or perform any provision hereof (1) for any reason or cause which we could not, with reasonable diligence, control or prevent, including without limitation, acts of nature, terrorism, acts of government, war, civil commotion, strikes, lock-outs, labor or industrial disputes, power shortages or power failures, inability to obtain sufficient labor, raw materials, fuel or utilities, technical problems or communication failures, or (2) due to any delays, non-deliveries, mis-deliveries or service interruptions caused by any third party.
9. Indemnification.
You hereby agree to and do hereby indemnify, save, and hold harmless Only Made and any of its officers, directors, shareholders, employees, sub-contractors, licensees and agents, from any and all damages, liabilities, costs, expenses and other losses (including reasonable attorneys’ fees, legal costs and legal expenses) arising out of or connected with any claim, demand or action which is inconsistent with any of the warranties, representations, promises or covenants made by you in this Agreement or which arise out of or are related in any way to your breach of the ToS or your use of or conduct on the Website.
10. Miscellaneous.
Only Made reserves the right to change, revise or modify at any time this ToS, the Privacy Policy or any other terms or conditions contained on the Website by posting the changed, revised or modified terms on the Website. Therefore, please be sure to check the date of this ToS, the Privacy Policy and any other terms or conditions each time you visit to ensure that you are aware of the most current versions. All such changes, revisions and modifications shall be effective immediately upon posting and your continued use on the Website shall be deemed full acceptance of all such changes. Failing your full acceptance, your sole and exclusive remedy shall be to cease using the Website.
If there is a conflict between any oral or written representation made by any of Only Made’s employees, representatives, agents or vendors and any provision of this ToS, the ToS shall prevail. Except where specifically provided, the ToS shall prevail over any conflict or inconsistency with the Privacy Policy and any other information provided on the Website.
If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.
This Agreement shall be governed by and shall be construed in accordance with the laws of New York without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to this Agreement or the subject matter hereof shall be brought only in the courts located in the City, County and State of New York, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto.
To Contact Only Made: If you have questions or suggestions regarding this ToS, please contact us by email at contact@onlymade.co
PRIVACY
The Following is a Legally Binding Agreement.
Information That Only Made Collects:
Only Made collects personal information that allows us to provide you with a full range of customized services. The information that we collect from our users includes the following:
Information That You Provide:
Only Made collects and retains any information that you enter on our website or provide to us in any other way, including information regarding product search. You may choose not to provide us with certain information, but doing so may limit your ability to use our site or particular features and services that we offer.
Correspondence: In order to receive support from, or correspond with, Only Made you may choose to provide your email address, name, comments or other information.
Shopping: We ask for information such as your name, billing and shipping address, telephone number, email address and payment card information in order to process your purchase, confirm your order and ship your orders to you.
Information That We Collect Automatically:
Only Made and its authorized agents automatically collect and retain certain types of information whenever you interact with Only Made’s website and services, which includes data provided by your browser or email program, such as your IP address, cookies and the pages you request. Cookies are alphanumeric identifiers that your Web browser stores on your computer’s hard drive when you access Only Made’s website and services. Only Made uses cookies to enable our systems to recognize your browser and record how and when our website and services are utilized. Most Web browsers allow users to receive notification when new cookies are set, specify which cookies to accept and reject, or disable cookies entirely (consult your browser’s “Help” menu for guidance on adjusting your settings). Some of Only Made’s business partners may transfer cookies to your browser when you use our website and services. We do not control or have access to these cookies. In addition, we may also use “pixel tags” (sometimes called “Internet tags”, “web beacons” or “clear GIFS”) on our website. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of our website and our advertising. We work with service providers that help us track, collect, and analyze this information. We recommend that you accept all cookies from Only Made because turning them off may prevent access to certain features and services of our website. However, if you’d prefer not to receive advertisements tailored to your preferences, you may opt out at any time by visiting http://www.aboutads.info/choices.
Use of Your Personal Information:
Only Made uses the personal information that we collect to provide you with our products and services, including the display of customized content and advertising. That includes use for auditing, research and analysis for the purposes of maintaining, protecting and improving our services; marketing and advertising either directly or through third parties; developing new services; or ensuring the proper functioning of our systems and infrastructure.
We may work with reputable and vetted third parties to assist us in collecting additional information about you, to combine the information you submit with their data to create a better picture of you as a customer, or to help us process your information in order to provide you with a better experience.
Only Made processes personal information on our servers in the United States of America. In some cases, that may mean that we process personal information on a server outside your own country. By accessing the Website, you are acknowledge that we may collect, store, and process your information outside of your own country.
Only Made’s employees, consultants, and contractors may have access to your personal information if necessary in the normal course of our business operations on a need to know basis.
Only Made may provide your personal information to third parties that we have contracted with to help us deliver services or process data (such as email delivery or transaction processing). In these cases, we only disclose information to the extent we deem necessary to achieve the purpose at hand and use service providers that have provided assurances about the security and confidentiality of the data that we share.
Only Made may share certain aggregated, non-personal information with third parties for marketing and other purposes, such as the number of visitors to our website, or the product search terms that those visitors used. Such aggregated, non-personal information does not identify you individually.
If Only Made, or any portion of its assets, is acquired by a third party, the information we have collected and stored may be among the assets transferred to the acquiring party.
We may release personal information if we believe that doing so is necessary to comply with a law, court order or subpoena; enforce or apply our Terms of Use or other policies; or to protect the rights, property, or safety of Only Made, our employees, our users, or others.
