Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by MakekeDesign. Throughout the site, the terms “we,” “us,” and “our” refer to MakekeDesign. MakekeDesign offers this website—including all information, tools, products, and services available through it—to you, the user, conditioned upon your acceptance of the terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced here or available by hyperlink. These Terms apply to all users of the website, including browsers, customers, vendors, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by them. If you do not agree to all the terms and conditions contained in this agreement, you may not access the website or use our Services.

Any new features or tools added to the store will also be subject to these Terms. You may review the most current version of the Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates to our website. It is your responsibility to periodically check this page for changes. Your continued use of the website after changes are posted constitutes your acceptance of those changes.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence. Alternatively, you represent that you are the age of majority and have given us permission to allow any of your minor dependents to use this website.

You may not use our products or Services for any illegal or unauthorized purpose. You may not violate any applicable laws while using the Service, including copyright and trademark laws.

You must not transmit viruses, worms, malware, or any other destructive code.

A breach or violation of these Terms may result in the immediate termination of your access to the Services.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that content you submit, excluding credit card information, may be transferred without encryption and may involve transmissions over multiple networks or technical changes needed to connect with different networks and devices. Credit card information is encrypted during transmission over networks.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, your use of the Service, your access to the Service, or any contact through which the Service is provided without our express written permission.

The headings used in these Terms are included for convenience only and do not limit or otherwise affect their meaning.

SECTION 3 — ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information available on this website is inaccurate, incomplete, or outdated. The material on this website is provided for general informational purposes and should not be relied upon as the sole basis for making decisions without consulting more complete, accurate, current, or primary sources. Any reliance on material provided through this website is at your own risk.

This website may contain historical information. Historical information is not necessarily current and is provided for reference only.

We reserve the right to modify the content of this website at any time, but we have no obligation to update any information except as required by law. You agree that it is your responsibility to monitor changes to the website.

SECTION 4 — CHANGES TO SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify, suspend, or discontinue the Service, or any portion of it, at any time without notice.

To the fullest extent permitted by law, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

SECTION 5 — PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and may be returned or exchanged only in accordance with our Return Policy.

We make reasonable efforts to display product images, designs, and colors as accurately as possible. However, we cannot guarantee that the display on your computer, phone, tablet, or other device will accurately represent a product’s actual colors or appearance.

Because some MakekeDesign products may be printed, embroidered, or otherwise produced individually, minor differences in color, sizing, placement, or appearance may occur and are not necessarily considered defects.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, household, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of products or services offered. Product descriptions, availability, and prices are subject to change at any time without notice. We also reserve the right to discontinue any product at any time. Any offer made through this website is void where prohibited.

We do not guarantee that products, services, information, or other materials purchased or obtained through the Service will meet every individual expectation.

SECTION 6 — BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order you place with us. At our discretion, we may limit or cancel quantities purchased per person, household, customer account, payment method, billing address, shipping address, or order.

If we modify or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

We reserve the right to limit or prohibit orders that, in our judgment, appear to have been placed by dealers, resellers, distributors, or other unauthorized commercial purchasers.

You agree to provide current, complete, and accurate account and purchase information for all transactions made through our store. You agree to promptly update your information, including your email address and payment details, so we can process your transactions and contact you when necessary.

Please review our Return Policy for additional information.

SECTION 7 — OPTIONAL THIRD-PARTY TOOLS

We may provide access to third-party tools that we do not monitor, control, or manage.

You acknowledge and agree that these tools are provided “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind. To the fullest extent permitted by law, MakekeDesign will not be liable for claims or damages arising from your use of optional third-party tools.

Your use of these tools is entirely at your own risk and discretion. You are responsible for reviewing and approving the terms provided by the applicable third-party provider.

Any future features, services, tools, or resources offered through the website will also be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Certain content, products, or services available through our Service may include materials from third parties.

Third-party links may direct you to websites that are not owned, operated, or controlled by MakekeDesign. We are not responsible for examining or evaluating the content, accuracy, security, policies, or practices of third-party websites.

We do not warrant and will not be liable for third-party materials, websites, products, or services. We are not responsible for harm or damages arising from purchases, transactions, content, or activities connected with third-party websites.

Please carefully review a third party’s policies and practices before completing a transaction. Questions, complaints, or claims concerning third-party products or services should be directed to the applicable third party.

SECTION 9 — COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit contest entries, reviews, photographs, designs, creative ideas, suggestions, proposals, plans, feedback, or other materials to us, whether through the website, email, postal mail, social media, or another method, you agree that we may use those submissions as permitted by applicable law and any specific terms communicated when the submission is made.

Unless otherwise agreed in writing, we are not obligated to:

Keep submissions confidential;
Pay compensation for submissions; or
Respond to submissions.

We may monitor, edit, refuse, or remove content that we determine is unlawful, threatening, defamatory, obscene, offensive, misleading, or otherwise objectionable, or that violates another party’s intellectual property rights or these Terms.

You agree that your submissions will not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights. Submissions must not contain unlawful, abusive, defamatory, obscene, or malicious material, including viruses or malware.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of a submission. You are solely responsible for your submissions and their accuracy. We assume no liability for content submitted by you or another third party.

SECTION 10 — PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, designs, pricing, promotions, offers, shipping charges, transit times, or product availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice. If information related to an order is inaccurate, we may modify or cancel the order, including after it has been submitted.

Except as required by law, we have no obligation to update, amend, or clarify information available through the Service. A stated update or refresh date should not be interpreted to mean that all information on the website has been updated.

SECTION 12 — PROHIBITED USES

In addition to other prohibitions contained in these Terms, you may not use the website or its content:

For any unlawful purpose;
To solicit or encourage unlawful activity;
To violate applicable international, federal, state, provincial, or local laws;
To infringe or violate our intellectual property rights or the rights of others;
To harass, abuse, threaten, insult, harm, defame, intimidate, or unlawfully discriminate against another person;
To submit false or misleading information;
To upload or transmit viruses, malware, or other malicious code;
To collect or track another person’s personal information without authorization;
To spam, phish, pharm, pretext, scrape, crawl, or spider the website;
For any obscene, fraudulent, or immoral purpose; or
To interfere with or circumvent the security features of the Service, related websites, other websites, or the internet.

We reserve the right to terminate your access to the Service for violating any prohibited use.

SECTION 13 — DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that information or results obtained through the Service will be accurate or reliable.

You understand that we may temporarily or permanently remove the Service, or portions of it, without notice.

To the fullest extent permitted by law, your use of the Service is at your sole risk. Except where expressly stated otherwise, the Service and all products and services delivered through it are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, whether express or implied.

This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, to the extent such warranties may legally be excluded.

To the fullest extent permitted by law, MakekeDesign and its owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors will not be liable for injury, loss, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages arising from your use of the Service, products purchased through the Service, errors or omissions in content, or any product or content made available through the Service, regardless of the legal basis of the claim and even if advised that such damages were possible.

Because some jurisdictions do not permit certain exclusions or limitations of liability, our liability in those jurisdictions will be limited to the maximum extent permitted by law.

SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MakekeDesign and its parents, subsidiaries, affiliates, partners, owners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from claims or demands—including reasonable attorneys’ fees—arising from your breach of these Terms, your violation of documents incorporated by reference, your violation of applicable law, or your infringement of a third party’s rights.

SECTION 15 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will remain enforceable to the fullest extent permitted by law.

The unenforceable portion will be considered severed from these Terms, and the determination will not affect the validity or enforceability of the remaining provisions.

SECTION 16 — TERMINATION

The obligations and liabilities incurred by either party before termination will survive the termination of these Terms where applicable.

These Terms remain effective unless terminated by you or MakekeDesign. You may terminate your agreement with us by notifying us that you no longer wish to use our Services or by ceasing to use the website.

If we determine or reasonably suspect that you have failed to comply with these Terms, we may terminate or suspend your access to the Service without notice. You will remain responsible for all amounts owed through the date of termination.

SECTION 17 — ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted on the website, constitute the entire agreement between you and MakekeDesign concerning your use of the Service.

They supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to the Service.

Any ambiguities in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

SECTION 18 — GOVERNING LAW

These Terms and any separate agreements through which MakekeDesign provides Services to you will be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.

SECTION 19 — CHANGES TO THESE TERMS

You may review the most current version of these Terms at any time on this page.

We reserve the right, at our discretion, to update, modify, or replace any portion of these Terms by posting changes to the website. It is your responsibility to periodically check the website for changes.

Your continued use of or access to the website or Service after updated Terms are posted constitutes your acceptance of those changes.