This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement between Jordan McAleer ("Made by Jordan, formerly JRDN" "we," "us," or "our") and you, the client ("Client" or "you"), regarding your access and use of: www.madebyjordan.co.uk (the "Website") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected to it.
By accessing and using our Website, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree with these terms and conditions, you must not use or engage in any of the services or information publicly available on the Website. Failure to agree to these terms and conditions will result in the express prohibition of your use of the Website or any service(s) rendered, and you are ordered to discontinue use immediately.
Thereafter, the relationship between you and us shall cease and be of no further force and effect between the parties, except that any obligation of you to pay us for services rendered shall remain and continue to be an ongoing obligation owed by you to us.
1. Intellectual Property Rights
1.1 The Website and all its content, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics ("Content"), as well as the trademarks, service marks, and logos displayed on the Website ("Marks"), are the exclusive property of Made by Jordan. All intellectual property rights, including copyright and trademark laws, protect the Content and Marks. The Content and Marks are provided "As-Is" for your information and personal use only.
1.2 You may not copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Website, Content, or Marks for any commercial purpose without the express prior written permission of Made by Jordan. All rights in the Website, Content, and Marks are reserved by us.
2. Ownership of Design Work
2.1 Any design and original source files created on your behalf ("Projects") belong to you, and you shall be the sole owner of the copyright for all Projects.
2.2 In the event that any operation of law would cause us to become the owner of a Project, in whole or in part, rather than you, we irrevocably and perpetually assigns its entire interest in the Project to you, without limitation.
2.3 You warrant that any materials provided to us during the design process are owned by you and do not infringe upon or misappropriate any third party's rights, including but not limited to all intellectual property rights and any right of publicity.
2.4 We reserve the right to showcase your design work publicly on digital channels, including but not limited to social media and our website, unless otherwise agreed upon in a separate Non-Disclosure Agreement (NDA) between you and us (Made by Jordan).
3. User Representations
By using the Website, you represent and warrant that:
3.1 You have the legal capacity and agree to comply with these Terms of Use.
3.2 You are not a minor in the jurisdiction of your domicile.
3.3 You will not access the Website through automated or non-human means.
3.4 You will not use the Website for any illegal or unauthorized purpose.
3.5 Your use of the Website will not violate any applicable law or regulation.
4. Prohibited Activities
You shall not access or use the Website for any purpose other than that for which the Website is made available to you. The Website may not be used in connection with any commercial endeavors except those related to the work performed by us on your behalf. Further, you agree to refrain from the following:
4.1 Making any unauthorized use of the Website.
4.2 Retrieving data or content for the purposes of creating or compiling a database or directory.
4.3 Circumventing, disabling, or otherwise interfering with security-related features on the Website.
4.4 Engaging in unauthorized framing or linking of the Website.
4.5 Trick, defraud, or mislead us or other users.
4.6 Interfering with, disrupting, or creating an undue burden on the Website or our networks or servers.
4.7 Using the Website (madebyjordan.co.uk) in an effort to compete with us (Made by Jordan).
4.8 Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Website.
4.9 Bypassing any measures on the Website designed to prevent or restrict access to the Website or any portion thereof.
4.10 Harassing, annoying, intimidating, or threatening any of Made by Jordan's employees, independent contractors, or agents providing services through the Website.
4.11 Deleting the copyright or other rights notice from any Content.
4.12 Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other material, including anything that interferes with any party's use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website.
4.13 Uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism.
4.14 Disparaging, tarnishing, or otherwise harming us.
4.15 Using the Website in a manner inconsistent with any applicable laws, statutes, or regulations.
5. Client Feedback
You acknowledge and agree that any questions, comments, suggestions, or other feedback or submission ("Submission") shall be the sole property of Made by Jordan. we are under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. We shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to you under Paragraph 2 ("Ownership of Design Work"). We shall, at its sole and unrestricted discretion, use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to you.
You agree that you have the right to articulate and put forth the Submission, and you hereby waive all claims and recourse against us for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
6. Management and Oversight
We reserve the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. We further reserve the right to restrict or deny access to the Website or disable your use of the Website. Such decisions shall be in the sole discretion of Made by Jordan, without notice or liability to you. All decisions regarding the management of the Website shall be at the sole discretion of Made by Jordan and shall be designed to protect our rights and property.
7. Privacy Policy
By using the Website, you agree to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access to the Website from other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States that govern personal data collection, use, or disclosure. Your continued use of the Website and transfer of data to the United States constitutes express consent to the transfer and processing of data in the United States. Made by Jordan does not knowingly accept or solicit information from individuals under the age of 18.
In accordance with applicable laws, upon receipt of actual knowledge that an individual under the age of 18 has provided personally identifiable information to us without parental consent, we shall delete that information as soon as reasonably practical.
8. Returns and Refunds
Refund requests are only considered within 30 days of the initial purchase. Renewals at subsequent dates are not eligible for refunds. It is the sole responsibility of the client to manage their subscription and billing information. Should a refund be requested within the initial 30-day period, all materials produced by Made by Jordan remain the property of the company and are prohibited from further use by the client. If a refund is deemed appropriate, a 25% fee will be applied to the remaining billable period. We reserve the right to pursue legal action against the client for breach of this provision.
9. Modification
We reserve the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at our sole discretion. We reserve the right to modify or discontinue all or part of the Website without notice and without liability to you.
10. Connection Interruptions
We do not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond our control. You agree that Made by Jordan shall not be liable to you for any loss, damage, or inconvenience caused by your inability to access or use the Website during any interruption in the connection or service.
11. Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.
Any dispute arising from or relating to these Terms and Conditions, or your use of our service (whether it is contractual or non-contractual), shall be exclusively subject to the jurisdiction of the courts of England and Wales.
13. Disclaimer
The Website is provided on an as-is, as-available basis. You agree that your use of the Website and services are at your sole risk. Made by Jordan disclaims all warranties, express or implied, in connection with the Website and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Made by Jordan makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website. Made by Jordan assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Made by Jordan's secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like transmitted to or through the Website by any third party, and any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. Made by Jordan does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website or any website or mobile application featured in any advertising.
14. Limitations of Liability and Indemnification
We and our directors, employees, members, independent contractors, or agents shall not be liable to you or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or other damages or losses arising from your use of the Website. You agree to defend, indemnify, and hold harmless Made by Jordan and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Website; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth herein; (4) your violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Made by Jordan reserves the right, at your expense, to assume control and defense of any matter for which you shall be required to indemnify Made by Jordan hereunder. You agree to cooperate with the defense of such claims.
15. User Data
You are solely responsible for all data transmitted to or relating to any activity you undertake using the Website. Made by Jordan shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Made by Jordan from any such loss or corruption.
16. Electronic Communications, Transactions, and Signatures
You hereby consent to receive electronic communications from Made by Jordan, and you agree that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Made by Jordan or through the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
18. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between you and Made by Jordan. Failure of Made by Jordan to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between you and Made by Jordan.
19. Contact Information
For any questions or complaints regarding the Website, please contact: madebyjordanuk@gmail.com.