Terms of Use

TERMS OF USE. PLEASE READ THOROUGHLY BEFORE USING THIS SITE OR SERVICES OR PURCHASING OUR PRODUCTS.

MAQET, LLC offers a website and an online application (Service) for creating, sharing, and purchasing virtual and physical MAQET figurines, provided by MAQET, LLC.

The following Terms of Use constitute a legal agreement between the user and MAQET, LLC. We may revise the TERMS OF USE and Privacy Policy at any time without notice to you. It is the user’s responsibility to check for these updates and/or changes.

ENTIRE AGREEMENT

These TERMS OF USE constitute the sole record of the agreement between you and MAQET, LLC in relation to your use of this Site. Neither you, nor MAQET, LLC shall be bound by any express tacit nor implied representation, warranty, promise or the like, not recorded herein. Unless otherwise specifically stated, these TERMS OF USE supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and MAQET, LLC in respect of your use of this Site. MAQET, LLC’s failure to enforce any right or provision in these TERMS OF USE shall not constitute a waiver of such right or provisions or of any other rights or provisions in these TERMS OF USE. If one or more parts of this agreement is found by any court to be invalid, illegal, or unenforceable, those parts shall be considered discounted while the remaining agreement shall continue to be valid and enforceable to the fullest extent permitted by law.

USER AGREEMENT

MAQET, LLC including its subsidiaries and affiliates, provides information contained on this Site to visitors subject to the terms and conditions set out in this Site’s legal notices. By your continued use of this site or services, you acknowledge that you have read and understand these TERMS OF USE and agree to act in accordance with its TERMS OF USE and be bound by them. Acceptance of these TERMS OF USE creates a binding contract between you and MAQET, LLC that you will use the Site and the Service only in a manner consistent with these Terms. If you do not agree to be bound by these TERMS OF USE, please exit the Site.

USER-GENERATED CONTENT | INTELLECTUAL PROPERTY

Copyright of your submitted original artwork belongs to you. MAQET, LLC does not claim ownership of Content you place or otherwise make available through the Service.
By creating, submitting, saving, sharing your virtual MAQET figurine, and/or displaying Content for inclusion on the Service, you grant MAQET, LLC:

1. rights to, reproduce, modify, adapt, perform, display, sub-license, and publish your Virtual MAQET Figurine and to distribute your Virtual MAQET Figurine to third parties for their non-commercial use, whether through the internet or through the use of a software application. These digital MAQET figurines will be referred to from time to time by MAQET, LLC as “virtual MAQET figurines”. You will receive credit as the author of the virtual MAQET figurine directly, or to your Content on the MAQET website, by virtue of your registered ID.
2. a world-wide, royalty-free, and non-exclusive license to reproduce, perform, display, distribute, sub-license and publish your Content (including, without limitation, your Virtual MAQET Figurine) for purposes of using, displaying, making available and otherwise operating MAQET, LLC, including, without limitation, for purposes of promoting the Service on or outside of the internet (including, without limitation, on www.MAQET.com, or on any other World Wide Web site determined by MAQET, LLC in its sole discretion from time to time)

USER-GENERATED CONTENT | RESPONSIBILITY

You understand and agree that all information, virtual MAQET figurine, data, text, software, images, artwork, character art, music, sounds, photographs, graphics, video, messages, or other materials (collectively, the “Content”) are the sole responsibility of the individual or entity from which such Content originated. MAQET, LLC is not responsible for any Content created, posted, displayed, uploaded, stored, shared or transmitted by any User or other originator of said Content. This means that you, and not MAQET, LLC, are entirely responsible for all Content that you create, post, display, upload, store, share or transmit through the Service. MAQET, LLC cannot guarantee the truthfulness, authenticity, quality, or accuracy of said Content. Under NO CIRCUMSTANCES IS MAQET, LLC LIABLE FOR ANY OF SAID CONTENT, including, without limitation, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, shared, transmitted or otherwise made available via the Service. You acknowledge that MAQET, LLC employees do not pre-screen Content, but that MAQET, LLC and its employees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, MAQET, LLC and its employees shall have the right to remove any Content that violates the TERMS OF USE or is otherwise objectionable. Any decision to refuse, move, or remove Content is within the sole discretion of MAQET, LLC and its employees. You agree that any improper, abusive, fraudulent, and/or illegal activity or violation of these TERMS OF USE may be grounds for immediate termination of your use or access. You further agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MAQET, LLC or submitted to MAQET, LLC. You further represent and warrant that any Content you create, upload, post, transmit, share or display through MAQET is 1) owned by you, and 2) does not infringe any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right of any third party under any U.S., International, foreign, or state law. You further represent and warrant that you have the right to upload, post, transmit, and display such content for the uses outlined herein above, and that such use will not violate any agreements previously entered into between you and a third party.

You acknowledge and agree that MAQET, LLC may preserve Content and may also disclose Content, including your name and email address if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to 1) comply with legal process; 2) enforce these Terms of Use; 3) respond to claims that any Content violates the rights of third-parties; 4) protect the rights, property, or personal safety of MAQET, LLC, its users, and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.

Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in MAQET, LLC’s sole discretion as to what action should be taken, which action could include, without limitation, the removal of the Content and/or the cancellation/termination of your use or access at any time and without further notice or warning.

OWNERSHIP OF SITE | COPYRIGHT

This Site is owned and operated by MAQET, LLC. Except for user-contributed Content, the www.MAQET.com web site, its Content, including without limitation, product designs (including any and all materials relating to MAQET, LLC), trademarks, names, logos, graphics, text, audio, design, look and feel, images, pictures, icons, videos, layout, software, and related documentation, are owned by MAQET, LLC and are protected by United States and International copyright, trademarks, service marks, patent, trade secrets, and other intellectual property rights protection. *Other company trademarks are included and used on this site.

MAQET, LLC is, unless otherwise stated, the owner or licensee of all copyright and database rights in the Site, the Service and their contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set forth herein.

By using or accessing this Service you agree to comply with all Federal and State laws that protect MAQET, LLC's proprietary interest in the content and other material on the www.MAQET.com web site. Except as expressly authorized by MAQET, LLC you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

You acknowledge and agree that MAQET, LLC and any and all Content contained therein, including any Content posted by Users (including, without limitation, virtual MAQET figurine) may be used, transmitted, downloaded, displayed, shared and/or reprinted for personal use only. For the avoidance of doubt, you may not use, transmit, distribute, share, upload or otherwise display any Content located on MAQET, LLC website, including, without limitation, any virtual MAQET figurine, on any commercial website, or any in any other medium intended for commercial purposes.

QUALITY OF PRODUCTS | RIGHT TO ALTER

MAQET, LLC is committed to producing quality three-dimensional output of characters that you design on the Site. Due to technological limitations, your ordered product may not be an “exact” representation of the character you design. Although MAQET, LLC will use reasonable efforts to make an accurate representation, MAQET, LLC reserves the right to make such alterations as it deems necessary to fulfill your order. By using the Site and the Service, you grant MAQET, LLC permission to make such alterations to your designed character as MAQET, LLC deems appropriate, in its sole discretion, to fulfill your order.

USER ELIGIBILITY

You must be at least 13 years of age to use the Site or the Service. If you are under the age of 18, you must have the permission of a parent or guardian to use the Site or the Services.

You or your parent agree(s) that any information that you provide to us will be true, accurate, current and complete. This is especially important with respect to your email address, because that is the primary way in which we will communicate with you about your orders. Your failure to supply accurate information shall constitute a material breach of these TERMS OF USE.

This site is available only to people and entities who can form legally binding agreements. If you do not qualify, do not use this site. Access to the site may not be legal from certain countries or territories. If you access the site from any such country or territory, you do so at your own risk and are responsible for compliance with the laws and regulations of your country or territory of access. This site is not intended for use by children under the age of thirteen. We will not knowingly collect information about children under the age of thirteen and will otherwise comply with the Children’s Online Privacy Protection Act of the United States and other applicable laws and regulations of the United States. We ask that any user of the site monitor the use of the site by children under their care and make sure that those children are aware of the dangers of providing information about themselves over the internet. We would also like to make parents and guardians aware of the availability of commercial parental control software that will better enable you to monitor and, where needed, block access by children to the internet.

TERMINATION

You agree that MAQET, LLC in its sole discretion, may terminate your use, and remove and discard any Content within this site or the Service for any reason, including, without limitation, lack of use, or if MAQET, LLC believes that you have violated or acted inconsistently with these Terms of Use at any point. MAQET, LLC may also, in its sole discretion and at any time, discontinue providing this site and/or the Service, or any part thereof, with or without notice. You agree that any termination of your access to this Site or Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that MAQET, LLC may immediately deactivate or delete your Content, as applicable, and all related information and files. MAQET, LLC reserves the right to bar any further access to such files, this Site or the Service. You agree that MAQET, LLC shall not be liable to you or any third-party for any termination of your access to this Site or the Service.

SUSPENSION OF ACCESS

You agree that MAQET, LLC may at any time without notice: move, change, or suspend any part of the Site or the Service, or refuse to accept your designed character or fulfill any order, or any part of any order if at MAQET, LLC’s sole discretion, you fail to comply with any of these TERMS OF USE or if a competent regulatory authority requires us to do so.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

MAQET, LLC may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize MAQET, LLC to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

MAQET, LLC will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on, or through this Site or the Service, please notify MAQET, LLC at the email provided: office@MAQET.com.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled;
3. a description of the exact name of the infringing work on this site or the Service (and the location of the infringing work, if it appears on this Site or the Service) or if the infringing work appears on a site linked to from this Site or the Service where the material that you claim is infringing is located on such site;
4. information sufficient to permit MAQET, LLC to contact you, such as your physical address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

GOVERNING LAW & EXCLUSIVE JURISDICTION

This Agreement shall be governed by the laws of the State of California without giving effect to any principles of conflicts of law. Any disputes arising under or in connection with these TERMS OF USE shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of California0.

You further agree to submit to the personal jurisdiction of the state courts located in San Francisco, California and the personal jurisdiction of the federal courts located within Central District of California for any and all legal claims, suits or actions that arise in connection with this Service or from a dispute as to the interpretation or breach of these TERMS OF USE.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all the local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

All graphics, documents, software, is intended for the sole use of personal, informational, and non-commercial purposes. Nothing, herein provided by MAQET, LLC’s Site may be modified or altered in any way without expressed authorization from MAQET, LLC. You may not download, upload, copy, print, display, perform, reproduce, publish license, post, transmit or distribute, in whole or part, any information from the MAQET, LLC Site, for personal profit. In order to use MAQET, LLC’s software, or any supplementing documentations or images, you must first read and agree to the MAQET, LLC’s software license prior to using the software. All rights not granted are reserved.

DISCLAIMER OF LIABILITY | INDEMNIFICATION

This Site and its content are provided “as is.” MAQET, LLC makes no warranties, representations, statements of guarantees –whether express, implied in law, or residual – regarding the Site, accuracy, completeness, or reliability of information contained herein, or for you or your company’s personal information, material, and information transferred through our system.

MAQET, LLC and its officers, directors, employees, subsidiaries, affiliates, and representatives will not be responsible, or liable, for any damages of any kind including, without limitation, personal injury, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of this Site. Except to the extent permitted by law, MAQET, LLC also disclaims all liability -howsoever arising- in connection with any loss, damage, and/or financial expense arising from its models/products. Without limiting the generality of the foregoing, the indemnification agreement hereunder extends to, among other things, any claim, suit, action, or administrative proceeding arising out of: (1) your access or use of the Service; (2) access or use of the Service by someone else using your computer, ID or email address; (3) a violation of the Terms of Use by you or anyone using your computer, ID or email address.

You further agree that MAQET, LLC cannot and does not guarantee or warrant that applets, files, software, code, or other content accessible via this site will be free from such items as, by way of illustration, viruses, worms, "Trojan horses", or any other code, program, file, or software that has contaminating or destructive properties.

This agreement applies to any proceeding that is directly or indirectly related to the Service, including by way of illustration a claim, suit, action, or administrative proceeding that your use or access or another person's use or access of your computer, ID or email address infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right under any U.S., International, foreign, or state law. This indemnification agreement applies where your use or access to the Service is in any way defamatory, slanderous, libelous, or otherwise injurious to a third party. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding.

MAQET, LLC shall have no liability to you for delay or failure to carry out its obligations to any customer due to delays, inaccuracies, errors in, or for any actions taken in reliance thereon or occasioned thereby, or for reasons beyond MAQET, LLC’s control, including without limitation, acts of God, war or terrorism, natural disasters, changes in or compliance with laws, regulations or governmental policies, and/or shortages of supplies and services. MAQET, LLC may extend delivery of an order so affected without liability to the customer, except for the return of any payment made by the customer to MAQET, with respect to any undelivered portion of the order so canceled.

You agree to indemnify MAQET, LLC and its affiliates against all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that MAQET, LLC may incur as a result of your breach of any of these TERMS OF USE or any claims brought relating to the unauthorized use of MAQET, LLC content or infringement of any MAQET, LLC intellectual property rights.

UNLAWFUL USE AND CONDUCT

Your use or access of this Site constitutes your acceptance to comply with all applicable U.S. and international laws. You further agree not to use the Service for illegal purposes.

FRAMING

By your use or access of this site, you agree not to "frame" all or a portion of the site unless you receive the prior written consent of MAQET, LLC. Inquiries about framing this site can be sent to the following e-mail address: office@maqet.com. Any decision to grant or deny a request to frame the site is within the sole discretion of MAQET, LLC and its employees.

SECURITY AND PASSWORD AGREEMENT

You are solely responsible for any password you create in regard to the MAQET, LLC website ‘shopping cart.’ We strongly suggest that you do not share your password with anyone. MAQET, LLC is not responsible if someone else should use it. You are responsible for all activity that occurs from the use of your password. MAQET, LLC is very serious about security and takes all efforts within reason to prevent unauthorized access to personal information. Please view our Privacy Policy page.

If you choose to register your name and a valid email address (“User ID”) you agree not to: (1) use any User ID already in use by another User, and (2) use an ID that MAQET, LLC in its sole discretion, finds offensive or inappropriate. It is your sole responsibility to keep your ID confidential and to take full responsibility for all activities that occur with respect to your ID. MAQET, LLC cannot, and will not, be liable for any loss or damage arising from your failure to comply with this Section. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration queries, and (b) maintain and promptly update your registration information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MAQET, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MAQET, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

COMMUNICATION

This regards the use of discussions groups, chat areas, bulletin boards, and letters/emails to MAQET, LLC employees. You agree not to upload, post, publish content that is defamatory, harassing, invasive of privacy, obscene, or constitutes unsolicited bulk e-mail, “junk” mail, “spam” or chain letters, or anything that would violate applicable laws or regulations.

BLOGGING AGREEMENT

All comments submitted on the MAQET, LLC blog are monitored and screened before posting onto the MAQET website. Any suggestions or input to the further growth of MAQET, LLC are willingly given freely by the user. If MAQET, LLC should use a bloggers suggestion for marketing, content, or product development, the blog post, once submitted, transfers all rights to MAQET, LLC for no compensation what-so-ever in return.

PRICING AND PRODUCT INFORMATION

All prices are stated in U.S. dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. MAQET, LLC makes every effort to provide current and accurate information about products, services, and prices, but we do not guarantee the accuracy of such information. Prices are subject to change prior to our acceptance of your order. In the event that you order products and the price published on the service was incorrect, MAQET, LLC will contact you to let you know the correct price and ask you whether you still wish MAQET, LLC to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

RETURN POLICY

MAQET, LLC does not guarantee that your product will be an exact representation of your designed character, and we will accept no returns due to our failure to perfectly represent your designed character. You may return any item which was mistakenly shipped or which was damaged during shipping within 14 days of receipt. Upon return of your product in accordance with these TERMS OF USE, MAQET, LLC will offer to either refund your money or replace your product, at its sole discretion. All products are shipped with tamper-proof labeling. By removing or tampering with the tamper-proof labeling, you violate these Terms of Use, and forfeit any right to a refund or replacement. Please visit our Shipping & Returns page for further details.

MISCELLANEOUS | ALTERATION

If any provision of these TERMS OF USE shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TERMS OF USE and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use are the complete and exclusive statement of the agreement between you and MAQET, LLC concerning the Site and the Service, and these TERMS OF USE supersede any prior or contemporaneous agreement, either oral or written, and any other communication with regard thereto between you and MAQET, LLC. MAQET, LLC reserves the right to make changes to this Site, site features, this agreement, and all other information contained in this Site, at any time and without notice. You agree that by each visit to this Site, you shall become bound to the current version of the relevant Terms and Conditions.

VIOLATIONS

Please Contact us to report any violations of this TERMS OF USE.