Terms AND CONDITIONS.
Terms and Conditions
Effective Date: August 1st, 2023
1. TERMS AND CONDITIONS
Welcome to the website of Maxie Marks Engraving, the laser marking division of Martin Precision Tools LLC. These Terms and Conditions govern your use of our website (https://www.maxiemarksengraving.com/) and our laser engraving and/or laser cutting services. By accessing this website or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please refrain from using our website and services.
2. EXPLANATIONS
2.1. "Maxie Marks Engraving," "we," "us," or "our" refers to the laser marking division of Martin Precision Tools LLC, the owner and operator of this website.
2.2. "Customer," "you," or "your" refers to any individual or entity using our website or engaging our laser engraving services.
3. SERVICES OFFERED
3.1. Maxie Marks Engraving provides laser engraving and/or laser cutting services for various materials based on customers' artwork submissions.
3.2. All artwork submitted for engraving or cutting must comply with our copyright policies (see Section 7) and must be provided in a format acceptable to us.
3.3. The completed engraving or cut works may be used for promotional and marketing purposes, including being displayed on our website as samples or included in our portfolio. By submitting a request for engraving and upon work completion, the customer grants Maxie Marks Engraving permission to utilize the images in promotional materials and portfolio samples unless otherwise stated in specific addendum waivers signed by the customer
4. CUSTOMERS' REQUIREMENTS
At Maxie Marks Engraving, we value the trust you place in our laser engraving services. To ensure a smooth and satisfactory experience, we kindly request that all customers comply with the following requirements.
4.1. Accurate and Complete Information
Customers must provide accurate and complete information when placing an engraving order on our website. This includes providing the correct contact details, shipping address, and any specific instructions related to the engraving project. By furnishing accurate information, you help us deliver your custom laser engraving precisely as desired.
4.2. Proper Authorization for Copyrighted Materials
When submitting artwork for engraving, you must have proper authorization and permission for all copyrighted materials. This means that you either hold the copyrights to the artwork or have obtained necessary permissions from the copyright owner for its use in the engraving process. By submitting the artwork, you affirm that you have the legal right to use the provided artwork for engraving purposes.
4.3. Compliance with Laws and Regulations
Customers are entirely responsible for ensuring that the artwork they submit complies with all applicable laws and regulations, including copyright and intellectual property rights. It is essential to respect the intellectual property of others and avoid infringing on copyrighted materials. Maxie Marks Engraving does not condone the use of unauthorized or copyrighted content without proper authorization.
4.4. Non-Infringement Assurance
By submitting your artwork for engraving, you warrant and represent that the use of the provided materials for engraving purposes does not infringe upon the rights of any third party, including copyright, trademark, or any other proprietary or intellectual property rights. You agree to indemnify and hold Maxie Marks Engraving and Martin Precision Tools LLC harmless against any claims, damages, or liabilities arising from potential copyright infringement issues related to the submitted artwork.
4.5. Compliance with Our Guidelines
Customers must follow any specific guidelines provided by Maxie Marks Engraving for submitting artwork, such as file formats, resolution, and other technical requirements. Adhering to these guidelines will ensure the best possible outcome for your laser engraving project.
4.6. Rights to Reject Artwork
Maxie Marks Engraving reserves the right to reject any artwork that violates our copyright policies, infringes upon the intellectual property rights of others, contains offensive or inappropriate content, or is deemed unsuitable for engraving. We will inform you promptly if your submitted artwork is not accepted for engraving.
4.7. No Modifications to Copyrighted Materials
It is essential to refrain from submitting copyrighted materials for engraving if you are not the copyright owner or lack proper authorization. Maxie Marks Engraving will not make any modifications to copyrighted materials without explicit permission from the copyright owner.
4.8. Engraving Customization
While Maxie Marks Engraving takes pride in offering personalized engraving services, we are not responsible for the design, content, or quality of the artwork submitted by customers. The artwork will be engraved as provided without any alterations or modifications.
4.9. Retention of Artwork
Maxie Marks Engraving retains customer-submitted artwork and engraving files for a reasonable period after completing the engraving service. However, we do not claim ownership or copyrights over any of the submitted materials.
4.10. Confidentiality
Maxie Marks Engraving respects your privacy and will treat all submitted artwork and customer information as confidential. We will not share, sell, or distribute your artwork to any third parties without your explicit consent, except for promotional and marketing purposes as outlined in our "Use of Sample and Portfolio Images" (Section 3.3) clause.
By placing an engraving order with Maxie Marks Engraving, you acknowledge and agree to comply with these requirements, affirming that you have the right to use the submitted artwork for engraving purposes and that it does not violate any copyright or intellectual property laws. Failure to comply with these requirements may result in the rejection of your order or the discontinuation of the engraving service. For any questions or clarifications, please contact our customer support team at support@maxiemarksengraving.com.
4.11. Opt-Out of Displaying Completed Work
Maxie Marks Engraving values our customers' preferences and respects their privacy. We understand that some customers may prefer not to have their completed work displayed on our website or used for marketing and promotional purposes. If you wish to opt out and not have your completed work shown on Maxie Marks Engraving's website or utilized for marketing and promotional activities, you can either by contacting us at support@maxiemarksengraving.com or indicate your preference by checking the checkbox given at the end of the Waiver Release Form.
Please note that if you choose to opt-out, your completed work will not be displayed in our sample images or portfolio. However, this will not affect the quality or delivery of our laser engraving service, which will still be provided with the same level of dedication and craftsmanship.
5. COPYRIGHT NOTICE
a.Maxie Marks Engraving respects intellectual property rights. The copyrights to all submitted artwork remain with the respective customers.
b.By submitting artwork for engraving, customers affirm that they own the copyrights or have obtained proper permissions for its use.
c.All images, logos, and content displayed on our website are protected by copyright and are the property of Maxie Marks Engraving or its licensors. Any unauthorized use or reproduction is strictly prohibited.
6. DMCA NOTICE
6.1. Maxie Marks Engraving complies with the provisions of the Digital Millennium Copyright Act ("DMCA").
6.2. If you believe that any content displayed on our website infringes your copyright, you may submit a DMCA notice to our Designated Copyright Agent: support@maxiemarksengraving.com.
a.Name:
b.Email:
c.Address:
d.Phone:
6.3. Your DMCA notice should include the following information:
a.Identification of the copyrighted work claimed to have been infringed.
b.Identification of the material that is claimed to be infringing and its location on our website.
c.Your contact information, including your name, address, email, and phone number.
d.A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
e.A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
7. COPYRIGHT POLICIES
At Maxie Marks Engraving, we take copyright matters seriously. We expect our customers to uphold copyright laws and intellectual property rights when submitting artwork for engraving. To ensure transparency and compliance, we have established the following copyright policies.
7.1. Responsibility for Authorized Use
Customers are solely responsible for ensuring they have proper authorization and permission for all copyrighted materials they submit for engraving. By submitting artwork to us, you affirm that you possess the necessary rights to use and reproduce the provided materials for engraving purposes.
7.2. Non-Claim of Ownership
Maxie Marks Engraving and Martin Precision Tools LLC do not claim ownership of any artwork submitted for engraving. Customers retain full ownership and copyright of their artwork. We do not acquire any rights to the submitted artwork beyond the limited use required for fulfilling the engraving service.
7.3. Liability for Copyright Infringement
Customers are responsible for any copyright infringement issues that may arise due to the use of copyrighted materials submitted for engraving. Customers need to ensure that their submitted artwork does not infringe upon the rights of any third party, including copyright, trademark, or any other proprietary or intellectual property rights.
7.4. Indemnification
By using our website and services, you agree to indemnify and hold Maxie Marks Engraving and Martin Precision Tools LLC harmless from any third-party claims, damages, liabilities, or expenses arising from copyright infringement or unauthorized use of copyrighted material related to the artwork you submit for engraving. This indemnification includes legal costs and fees incurred as a result of such claims.
7.5. DMCA Compliance
Maxie Marks Engraving complies with the provisions of the Digital Millennium Copyright Act ("DMCA") and other applicable copyright laws. If you believe that any content displayed on our website infringes your copyright, you may submit a DMCA notice to our Designated Copyright Agent (see Section 6).
7.6. Artwork Review
While Maxie Marks Engraving takes measures to ensure compliance with copyright policies, we are not responsible for verifying the copyright status of each submitted artwork. Customers are responsible for conducting due diligence to ensure they have proper authorization for using copyrighted materials in their artwork.
7.7. Rejection of Infringing Artwork
Maxie Marks Engraving reserves the right to reject any artwork that violates copyright policies, infringes upon the intellectual property rights of others, contains offensive or inappropriate content, or is deemed unsuitable for engraving. We will promptly inform you if your submitted artwork is not accepted for engraving.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1. No Liability for Copyright Infringement
Maxie Marks Engraving and Martin Precision Tools LLC disclaim all liability for any damages, claims, losses, or issues resulting from copyright infringement arising out of customer-submitted artwork. Customers assume full responsibility for complying with copyright laws when submitting artwork for engraving.
8.2. Service Provider Status
Maxie Marks Engraving provides laser engraving services as a service provider and does not claim ownership of customer-submitted artwork. We act solely as an intermediary for fulfilling the engraving requests based on the artwork provided by customers.
8.3. Use of Website and Services at Own Risk
Customers agree to use our website and services at their own risk. Maxie Marks Engraving does not guarantee the accuracy, completeness, or reliability of the content or artwork submitted by customers. Any issues arising from copyright infringement or unauthorized use of copyrighted material are the sole responsibility of the customer.
8.4. Limitation of Damages
Maxie Marks Engraving shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of our website or services, including but not limited to any damages related to copyright infringement or the use of customer-submitted artwork.
By using our website and engaging our laser engraving services, you acknowledge and agree to adhere to our copyright policies outlined in this section. We encourage customers to be vigilant in ensuring they have proper authorization for the use of copyrighted materials and to seek legal advice if needed. Should you have any questions or concerns regarding our copyright policies, please contact us at support@maxiemarksengraving.com.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1. Maxie Marks Engraving and Martin Precision Tools LLC disclaim all liability for any damages, claims, losses, or issues resulting from copyright infringement arising out of customer-submitted artwork.
9.2. Maxie Marks Engraving provides laser engraving services as a service provider and does not own any copyrights to customer-submitted artwork.
9.3. Customers agree to use our services at their own risk and understand that any issues arising from copyright infringement are their responsibility.
9.4. Maxie Marks Engraving shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of our website or services.
10. MODIFICATION OF TERMS
10.1. Maxie Marks Engraving reserves the right to modify these Terms and Conditions at any time without prior notice. Changes will be effective upon posting on our website.
10.2. It is your responsibility to review these Terms and Conditions periodically to stay informed of any updates.
11. Governing Law and Jurisdiction
11.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction where Martin Precision Tools LLC is located, without regard to conflicts of law principles.
11.2. Any legal action or proceeding arising out of or relating to these Terms and Conditions shall be exclusively brought in the appropriate courts of the jurisdiction where Martin Precision Tools LLC is located.
12. Entire Agreement
12.1. These Terms and Conditions constitute the entire agreement between Maxie Marks Engraving and the customer concerning the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
12.2. If you have any questions or concerns about these Terms and Conditions, please contact us at support@maxiemarksengraving.com.