Terms of Service

V0.1: April 1 st , 2017

Welcome to MAKE DIRECTORY DEVELOPERS!

Thanks for using our products and services, we’ll take it from here! The Services are provided by MAKE DIRECTORY DEVELOPERS, LLC located at 353 Sea Street, Quincy MA, 02169.

By using the Make Directory Developers web site ("Service"), all services of Make Directory Developers, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Make Directory Developers reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://mk-dir.com/terms-of-service. Violation of any of the terms below will result in the termination of your Account. While Make Directory Developers prohibits such conduct and Content on the Service, you understand and agree that Make Directory Developers cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

100% Satisfaction Guarantee Terms

If for whatever reason you are unsatisfied with your project within the first (seven) 7 days of service, Make Directory Developers guarantees to refund any and all unused funds with no questions asked. Make Directory Developers is backed by a 100% satisfaction guarantee. This guarantee does not apply to any other terms of service other than the first seven (7) days of service with Make Directory Developers.

Privacy and Copyright Protection

MAKE DIRECTORY DEVELOPERS’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that MAKE DIRECTORY DEVELOPERS can use such data in accordance with our privacy policies. Our privacy policy can be reviewed here: https://www.mk-dir.com/privacy-policy/

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

Using our Services

You must follow any policies outlined to you within this Term of Services.

This Website is meant for use only by the users who are eligible to enter into a valid contract under the applicable law.

You may not copy, modify, (re)distribute, sell, produce, or lease any part of our Services or included software, nor may you decompile, reverse engineer, disassemble, or otherwise convert the Software to a human-perceivable form or source code unless laws prohibit those restrictions or you have our written permission.

The Company reserves the right to accept or reject the registration application of any user at its sole discretion without assigning any reason to anyone.

  • You must be 13 years or older to use this Service.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account and password. Make Directory Developers cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account)..
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

Your MAKE DIRECTORY DEVELOPERS “Blackboard” Account

You will gain access to your personal account upon first payment of your first project, do not share this information. Your MAKE DIRECTORY DEVELOPERS Account will be assigned by us, so you can log in on our website and be able to navigate through our website and change your password, or your MAKE DIRECTORY DEVELOPERS Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a MAKE DIRECTORY DEVELOPERS Account assigned to you as an employer or an educational institution, the Client shall be responsible for the use and/or misuse their personnel gives to the account.

To protect your MAKE DIRECTORY DEVELOPERS Account, keep your password confidential. You are responsible for the activity that happens on or through your MAKE DIRECTORY DEVELOPERS Account. Do not use your MAKE DIRECTORY DEVELOPERS Account password on third-party applications.

Your Content in our Services

Some of our (Account Level) Services when logged in:

As a CLIENT, you are allowed to upload, submit, store, send or receive content, make payments, track progress, communicate with Project Manager to add task(s). You will also retain ownership of any intellectual property rights that you hold in that content.

When you upload, submit, store, send or receive content to or through our Services, you give MAKE DIRECTORY DEVELOPERS a worldwide license to use, host, store, reproduce, modify, create derivative works such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.

Modifying or Terminating our Service(s) and/or Price(s)

Make Directory Developers reserves the right at any time and/or from time to time to modify, add, remove, or discontinue, temporarily or permanently, the Service (or any part thereof such as features) with or without notice and we may suspend or stop a Service altogether. Make Directory Developers shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

From time to time, Make Directory Developers may issue an update(s) to the Make Directory Developers application(s) which may add, modify, and/or remove features from applications. These updates may be pushed out automatically with little or no notice, although Make Directory Developers will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

You can stop using our Services at any time, although we’ll be sorry to see you go. MAKE DIRECTORY DEVELOPERS may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Liability for our Services

When permitted by law, MAKE DIRECTORY DEVELOPERS, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of MAKE DIRECTORY DEVELOPERS, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services or if we choose, to supplying you the services again. In all cases, MAKE DIRECTORY DEVELOPERS, will not be liable for any loss or damage that is not reasonably foreseeable.

Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USERS TO THE COMPANY FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to, or arising out of, the content You submit, post, transmit or make available through this Website, Your use of this Website, Your violation of this Agreement, Your violation of any rights of any other person, or any other loss suffered by the company on account of Your direct or indirect conduct.

Jurisdiction

These Terms and/or Your relationship with the Company are governed by the laws of the Commonwealth of Massachusetts without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the Commonwealth of Massachusetts.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify MAKE DIRECTORY DEVELOPERS and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney's’ fees.

About these Terms

We will post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fifteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional (Service) terms, the additional terms will control for that conflict. These terms control the relationship between MAKE DIRECTORY DEVELOPERS and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have such as taking action in the future. If it turns out that a particular term is not enforceable, this will not affect any other terms.

Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT MAKE DIRECTORY DEVELOPERS IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAKE DIRECTORY DEVELOPERS AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. MAKE DIRECTORY DEVELOPERS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY CONTENT PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER MAKE DIRECTORY DEVELOPERS NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

Payments and Refund Terms

To cancel your account, you must manually submit an Account Cancellation Requests form via Email to admin@mk-dir.com. Cancellations via phone requests will not be considered valid. It is not our responsibility to ensure that your account has been cancelled if your request was made by phone or any other means of communication not explicitly mentioned, as acceptable, in these Terms of Service. All your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Make Directory Developers, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Make Directory Developers service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Make Directory Developers reserves the right to refuse service to anyone for any reason at any time.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Make Directory Developers “Blackboard” application to manage your project, you agree to allow others to view and share your Content. Make Directory Developers does not pre-screen Content, but Make Directory Developers and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. The look and feel of the Service is copyright 2017 Make Directory Developers, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Make Directory Developers, LLC. Make Directory Developers may make certain software available to you through the Service. If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, "Software") are deemed to be licensed to you by Make Directory Developers, LLC, for your personal and noncommercial use only. Make Directory Developers does not transfer either the title or the intellectual property rights to the Software, and Make Directory Developers retains full and complete title to the Software as well as all intellectual property rights therein. You grant Make Directory Developers a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Make Directory Developers, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Make Directory Developers, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content. When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party's copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you. All Make Directory Developers content included on its site, its Software, and through the Service is the property of Make Directory Developers and is protected by U.S. and international intellectual property laws. All Make Directory Developers content, Software, code, HTML/CSS, and visual design data is copyright 2017 Make Directory Developers , LLC.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Technical support is only available via email. The technical support email address support@mk-dir.com. You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service. You understand that Make Directory Developers uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Make Directory Developers service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Make Directory Developers. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Make Directory Developers customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature. Make Directory Developers does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. You expressly understand and agree that Make Directory Developers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Make Directory Developers has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. The failure of Make Directory Developers to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Make Directory Developers and govern your use of the Service, superseding any prior agreements between you and Make Directory Developers (including, but not limited to, any prior versions of the Terms of Service). In no event shall Make Directory Developers liability to you exceed the amount actually paid to Make Directory Developers by you during the preceding 12 months.

Thanks for visiting us and accepting this Terms and Conditions.

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