EFFECTIVE NOVEMBER 4, 2019
The terms “we,” “us,” and “our” refer to Making Make Believe, LLC. (“Company”). These Terms of Service (“Terms of Service”) apply when you visit or use the Company website (makingmakebelieve.com), social media channels and related platforms (“Sites”), or use or purchase our products available to purchase in our shop or on any third-party platforms we may utilize (“Products”). The term “user,” “you,” and “your” refers to site visitors and users of the Sites and customers of our Products.
By using the Sites or our Products, you agree to these Terms of Service, our Privacy Policy, our Copyright Notice, and our Disclosure Statement, which is incorporated herein by reference, and any other written agreement that governs your use of our Sites and Products. You should not use our Sites or Products if you do not agree with the terms and conditions contained in such agreements.
FOR LAWFUL PURPOSES
To access or use the Sites or Products, you must be eighteen (18) years old or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites or Products.
You may use the Sites or Products for lawful purposes only. You agree to use the Sites or Products for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites or Products any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
PRODUCTS
Product Description
While we try to be as transparent as possible in explaining the Products, please do not accept the description as entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Order Changes and Cancellations
Unfortunately, we are unable to make changes (including cancellations) to orders after they have been submitted. An item may only be canceled if it is currently backordered. If you would like to cancel a backordered item, please contact us at orders@makingmakebelieve.com
SHIPPING
We can ship anywhere within the United States. Most in-stock items ship within 24 hours of ordering. Special order items will ship according to the timeline provided within the item description. Please note that we do not ship on Saturdays, Sundays, or nationally observed US holidays. Orders may be split across multiple shipments, and items ordered together may not be shipped on the same day. Occasionally, items may be out of stock or backordered. You will be alerted in both instances.
We know that shipping is always an important consideration when selecting a product for purchase, so we take great care to offer the best possible shipping rates that we can. Our current rates are as follows. (These rates are not guaranteed and are subject to change at any time and without notice.):
$7.50 Flat Rate for US Lower 48 States
$10.00 Flat Rate for US Alaska and Hawaii
Free Shipping for all paper patterns
Free Delivery for all digital patterns
Transit time is typically between 5-7 working days for standard shipping.
RETURN POLICY
You may return most new, unopened items within 30 days of delivery for a full refund of the purchase price excluding shipping. To return an item, contact us at orders@makingmakebelieve.com for return information. Except for an error on our part (incorrect or defective product), return shipping is your responsibility.
Please note that the following items are not returnable:
- Digital download patterns and tutorials
- Paper patterns
- Sale, Clearance, and items specifically listed as Final Sale or Non-Returnable
- Items that have been used or worn
We will notify you via email of your refund once we’ve received and processed the returned item. Please allow ample time for your package to reach us (approximately 7-10 business days dependent on shipping service used), our return process time (3-7 business days) and the time it takes for the payment processor to refund your payment and for your bank to process the request (7-10 business days).
Intellectual Property Policies
The Sites and Products contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the business name, the Making Make Believe logo, byline and taglines, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites and Products, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent.
Without limiting the generality of the preceding, you may not:
- include such content in or with any product or service that you create or distribute;
- reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Sites/Products, use of the Sites/Products, or access to the Sites/Products;
- establish: (i) a hyperlink, including a deep link, to any page or location on the Sites/Products; or (ii) a frame containing any portion of the Sites/Products, on any other website or text document with hyperlink capabilities without the express written permission of the Company;
- copy such content onto your or any other website or publication, or direct any other person to do any of the preceding.
We reserve the right to immediately remove your access to our Sites and Products, without refund, if you are found to be violating this intellectual property policy.
NO RESALE OF SITE OR PRODUCT CONTENT
You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Sites or Products or content or other information or materials of any kind that you do not own without our express prior written consent.
PUBLICLY SHARED INFORMATION NOT CONFIDENTIAL
You understand that information provided or shared with us directly or indirectly, on our Sites, social media platforms, chat rooms, discussion forums or message boards (whether in the form of emails, text messages, comments, audio calls, video calls, coaching calls, webinars, or otherwise) will be broadly available to other persons, both inside of and outside of the Company.
Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
YOUR FEEDBACK
With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Sites or Product-related forums, calls, or otherwise, for the purposes of marketing or promoting the Company Sites or Products.
ERRORS, INACCURACIES, AND OMMISSIONS
Information provided about or in the Sites or Products is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. Company disclaims all liability for any inaccuracy, error, or incompleteness in the Sites or Products.
USE OF TESTIMONIALS AND REVIEWS
The Sites or Products may reference testimonials, reviews, case studies, or other feedback from others about our Sites or Products. Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in our Sites or Products.
RESULTS NOT GUARANTEED
The Company may share the successful results of the Company, its users, or customers on the Sites and Products. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Sites or Products, you accept, agree, and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies, or recommendations, and nothing in our Sites or Products is a promise, warranty, or guarantee to you of such results.
NO WARRANTIES
THE USE OF THE SITES AND PRODUCTS ARE AT YOUR SOLE RISK. THE SITES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SITES AND PRODUCTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (1) THE SITES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (2) THE SITES AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITES AND PRODUCTS WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF SITES AND PRODUCTS WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SITES AND PRODUCTS WILL BE ERROR-FREE or ANY ERRORS IN THE SITES AND PRODUCTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES AND PRODUCTS SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
INDEMNIFICATION
You agree to indemnify, defend, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of our Sites or Products in violation of these Terms of Service or your violation of any rights of another or any applicable law, rule or regulation. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Sites and Products.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Sites or Products to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites, Products or Social Media Class Groups, without refund, if you violate these Terms of Service or other agreements governing your use of the Sites or Products.
RELATIONSHIP OF THE PARTIES
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by virtue of your use of the Sites or Products. Furthermore, no professional-client relationship is formed between you and Company by your use of the Sites or Products, unless you and the Company entered into a separate written agreement indicating our intention of entering into a professional-client relationship with you.
NOTICES
Any notice or other communication to be given will be in writing and provided by registered or certified mail return receipt requested to the physical address, or email address noted below for the Company or to the last known physical address or email address associated with your account.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the State of Kansas and the United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect. These Terms of Service constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Terms of Service are included for convenience only. They shall not affect the construction or interpretation of any of its provisions.
WAIVER
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
SEVERABILITY
If any term, provision, covenant, or condition of the Terms of Service is held by any arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid. Company may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
ENTIRE AGREEMENT
These Terms of Service, along with the referenced Privacy Policy, Copyright Notice, and Disclosure statement, as well as any other written agreement that governs your use of our Sites and Products, constitute the entire agreement between you and the Company with respect to the Sites and Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Sites and Products.
CHANGES TO TERMS OF SERVICE
We may amend these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on the Sites or Products. Any use of the Sites or Products by you after means you accept these amendments.
HOW TO CONTACT US
You can contact us with any questions or comments about the Terms of Service at hello@makingmakebelieve.com
