Terms and Conditions

TERMS OF SERVICES - TERMS OF USE

January 1st, 2024

Your use of makaniprint.com or any of the products or services offered in this site is subject to these Terms of Use. We may modify these Terms at any time without notice to you by posting revised Terms on our site. Please read this agreement carefully to ensure that you understand each provision.

1. Use of Our Service

Makani Print, LLC (COI.com) operates an online design platform that empowers our users to design and print frames, collages, and albums from their uploaded pictures. We then provide ready-made media and content.

You may use the Service only if you can form a binding contract with Makani Print, LLC (COI.com), and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Makani Print, LLC (COI.com). By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

License to use the Makani Print, LLC (COI.com) Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Makani Print, LLC (COI.com) reserves all rights not expressly granted herein in the Service and the Makani Print, LLC (COI.com) Content (as defined below). Makani Print, LLC (COI.com) may terminate this license at any time for any reason or no reason.

Makani Print, LLC (COI.com) is a great service to use for creating your designs, but you have to be at least 13 years of age and fully able to form binding contracts in order to use it. You may not use the Service in violation of these terms or any laws or regulations.

2. Makani Print, LLC (COI.com) Accounts

Your Makani Print, LLC (COI.com) account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Makani Print, LLC (COI.com) account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Makani Print, LLC (COI.com) immediately of any breach of security or unauthorized use of your account. Makani Print, LLC (COI.com) will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Makani Print, LLC (COI.com) your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

3. Service Rules

3.1 General

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Makani Print, LLC (COI.com) servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes not approved by this agreement; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Makani Print, LLC (COI.com) Content (as defined below), including any Makani Print, LLC (COI.com) trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Makani Print, LLC (COI.com) Content; (xiv) using the Service or any Makani Print, LLC (COI.com) Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any Makani Print, LLC (COI.com) trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Makani Print, LLC (COI.com) trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Makani Print, LLC (COI.com) ; (xviii) using any Makani Print, LLC (COI.com) Content to link to the Makani Print, LLC (COI.com) website without the prior written consent of Makani Print, LLC (COI.com) ; or (xviv) framing or hot linking to the Service or any content other than your own without the prior written consent of Makani Print, LLC (COI.com) .

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Makani Print, LLC (COI.com) prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Makani Print, LLC (COI.com) may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Makani Print, LLC (COI.com) in each instance.

You are solely responsible for your interactions with other Makani Print, LLC (COI.com) Users.

3.2 Anti-discrimination

Makani Print, LLC (COI.com) does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.

Piracy is WRONG. Don’t steal any content, try to hack our servers, send spam or break any other rules, regulations, or laws.

We have the right to terminate our Services or your access to the Service.

4. User Content

4.1 General

Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content. 

4.2 Uploading and Publishing User Content to Makani Print, LLC (COI.com).

You agree not to submit or use Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Makani Print, LLC (COI.com) reserves the right, but is not obligated, to reject and/or remove any User Content that Makani Print, LLC (COI.com) believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

a.  Your User Content and Makani Print, LLC (COI.com) ’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.

b.  Makani Print, LLC (COI.com) may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

c.  There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.

d.  If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to Makani Print, LLC (COI.com) , you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Makani Print, LLC (COI.com) for the purposes set forth herein.

e.  Your User Content is neither obscene, defamatory, or otherwise objectionable.

f.  To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

g.  You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Makani Print, LLC (COI.com).

h.  If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.

i.  You will not engage in pay per click advertising using keywords which compete with Makani Print, LLC (COI.com) ’s own campaigns in order to promote your relationship with Makani Print, LLC (COI.com) nor will you use or engage a third-party on your behalf to use Makani Print, LLC (COI.com) in any domain name.

Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Makani Print, LLC (COI.com) shall send you written notice of such claim, using the email address provided by you to Makani Print, LLC (COI.com) , specifying the details of the claim as then known to Makani Print, LLC (COI.com) . Pending the determination of such claim, Makani Print, LLC (COI.com) may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Makani Print, LLC (COI.com) .

Makani Print, LLC (COI.com) takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Makani Print, LLC (COI.com) shall not be liable for any damages you allege to incur as a result of User Content, Stock Media or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that Makani Print, LLC (COI.com) may disclose such User Content to law enforcement or other government authorities.

4.3 User Content on Makani Print, LLC (COI.com) Print

You may order using Makani Print, LLC (COI.com) Print at your own cost, with such cost to be calculated and included as part of your fee. Unfortunately, we cannot guarantee delivery times for orders using Makani Print, LLC (COI.com) Print. If we provide you with a delivery time, it is an estimate only and we are not responsible or liable for any delays with shipping. You agree to hold harmless Makani Print, LLC (COI.com) and its third-party suppliers for any loss, cost or expense that you incur in connection with your use of Makani Print, LLC (COI.com) Print.

By printing User Content on Makani Print, LLC (COI.com) Print, you agree to take steps to verify that the User Content does not contain or consist of anything that is prohibited under these terms or is otherwise unlawful. You agree that this is not the responsibility of Makani Print, LLC (COI.com), despite Makani Print, LLC (COI.com) having the right to refuse your order (which right you acknowledge).

We welcome you to upload content to Makani Print, LLC (COI.com), but we don’t allow anything that is offensive, obscene, or could constitute or contribute to a criminal or civil offense, including copyright and other Intellectual Property Right violations.
If you want to contribute content to Makani Print, LLC (COI.com) to be licensed to other Users in exchange for royalties, you must agree to the Makani Print, LLC (COI.com) Contributor Agreement.
You promise that you have all necessary permissions and rights to submit the content you provide to us, and that your content won’t infringe anyone’s rights or violate any laws. You promise that your information is truthful. We’re not responsible for your content in any way.
You’re also promising:
– You have sufficient rights to use everything you submit.
– Your content is appropriate for use on our Service.
– You won’t spam people.
– You won’t compete with Makani Print, LLC (COI.com) for advertising clicks to promote your Makani Print, LLC (COI.com) profile.
If we think you’re violating this Agreement, we may freeze your account until we figure it all out.

Makani Print, LLC (COI.com) Print lets you print the awesome designs that you have created on Makani Print, LLC (COI.com) and you can get them delivered to you directly. Basically, if you can’t upload or publish something on Makani Print, LLC (COI.com), you can’t print it using Makani Print, LLC (COI.com) Print. Makani Print, LLC (COI.com) Print may not be available in your country. Our delivery times are estimates only.

5. User Content License Grant

By publishing any designs containing User Content using the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Makani Print, LLC (COI.com) a multi-use, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Makani Print, LLC (COI.com) ’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

When you publish designs with User Content, you’re granting us the rights necessary to host them in public view. These rights are only required when you publish User Content on the platform, not for designs that you only download and publish elsewhere.

6. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, templates illustrations, logos, patents, trademarks, service marks, copyrights, photographs, User Content belonging to other Users, and Stock Media belonging to other Users (the “Makani Print, LLC (COI.com) Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Makani Print, LLC (COI.com) and its licensors (including other Users who post User Content or contribute Stock Media (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Makani Print, LLC (COI.com) Content. Use of the Makani Print, LLC (COI.com) Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

Except for the User Content you provide to Makani Print, LLC (COI.com), all materials on the Service are exclusively owned by us or our licensors. Don’t steal any of the content that’s helping you make fantastic designs.

7. Paid Services

7.1 Billing Policies.

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Makani Print, LLC (COI.com) may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

7.2 Refunds

We offer a 100% refund on all product purchases if claimed within 60 days from the date of purchase. We want you to be happy with the product(s) from Makani Print. If we made a mistake in printing your product(s) or if they arrived damaged, we will be happy to provide you with a refund. On the other side, if you made a mistake in ordering or just changed your mind, then subject to applicable law, your order would not be able for a refund.

If you would like to request a refund, please email us at makaniprint.com with all information from the purchased order and a photo of the product(s) along with the request. Refunds will be issued to the original payment method used during the purchase. In some cases, it may be required to return the product. Once your refund is processed, it may take 5-7 business days for the refund amount to reflect in your account, depending on your bank or card issuer.

7.3 Cancelling accounts

You may cancel your Makani Print, LLC (COI.com) account at any time; however, there are no refunds for account cancellation. In the event that Makani Print, LLC (COI.com) suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

7.4 Payment Information; Taxes.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.

8. Makani Print, LLC (COI.com) Property

You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Makani Print, LLC (COI.com) on Makani Print, LLC (COI.com) servers, including without limitation any data representing or embodying any or all of your Makani Print, LLC (COI.com) Property. You agree that Makani Print, LLC (COI.com) has the absolute right to manage, regulate, control, modify and/or eliminate Makani Print, LLC (COI.com) Property as it sees fit in its sole discretion, in any general or specific case, and that Makani Print, LLC (COI.com) will have no liability to you based on its exercise of such right. All data on Makani Print, LLC (COI.com)’s servers are subject to deletion, alteration or transfer.

Notwithstanding any value attributed to such data by you or any third-party, you understand and agree that any data, account history and account content residing on Makani Print, LLC (COI.com)’s servers, may be deleted, altered, moved or transferred at any time for any reason in Makani Print, LLC (COI.com)’s sole discretion, with or without notice and with no liability of any kind. Makani Print, LLC (COI.com) does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Makani Print, LLC (COI.com)’s servers.

9. DMCA Notice

Since we respect artist and content owner rights, it is Makani Print, LLC (COI.com)’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Makani Print, LLC (COI.com)’s copyright agent as set forth in the DMCA.

Please note that this procedure is exclusively for notifying Makani Print, LLC (COI.com) and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Makani Print, LLC (COI.com)’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Makani Print, LLC (COI.com) has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers.

If you think your copyright is being infringed, follow these steps, and we’ll do something about it.

10. Indemnity

You agree to defend, indemnify and hold harmless Makani Print, LLC (COI.com) and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

If Makani Print, LLC (COI.com) suffers damages or claims relating to your content, account, or use of the Service or your violation of these terms, any laws, or any other individual’s rights, you are responsible for all costs.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Makani Print, LLC (COI.com) , its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will Makani Print, LLC (COI.com) be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Makani Print, LLC (COI.com) assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third-party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third-party. In no event shall Makani Print, LLC (COI.com) , its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Makani Print, LLC (COI.com) hereunder or $100.00, whichever is greater.

No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

Notwithstanding anything to the contrary contained herein, Makani Print, LLC (COI.com) shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Makani Print, LLC (COI.com) has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

The Service is controlled and operated from its facilities in the United States. Makani Print, LLC (COI.com) makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

We disclaim all liability in connection with your use of the Service. To the extent we are found liable for anything, the maximum we are obligated to pay is the greater of $100.00 or however much you paid to us.

12. Governing Law

You agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Makani Print, LLC (COI.com), either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Miami, Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

These terms are governed by the laws of Florida. If we need to enforce our Intellectual Property Rights against you, you agree to have the issue resolved only in the courts of Miami, Florida.

13. Arbitration.

For any dispute with Makani Print, LLC (COI.com), you agree to first contact us at info@makaniprint.com and attempt to resolve the dispute with us informally. In the unlikely event that Makani Print, LLC (COI.com) has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Makani Print, LLC (COI.com) claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Miami, Florida, unless you and Makani Print, LLC (COI.com) agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Makani Print, LLC (COI.com) are each waiving the right to a trial by jury or to participate in a class action.

If you have any disagreements, contact us first. We’re decent people, but if we can’t work it out, then you agree to submit the dispute to arbitration in Miami, Florida (except in certain circumstances relating the protection of Intellectual Property Rights.)

14. Notification Procedures and Changes to the Agreement.

Makani Print, LLC (COI.com) may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Makani Print, LLC (COI.com) in our sole discretion. Makani Print, LLC (COI.com) reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Makani Print, LLC (COI.com) is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Makani Print, LLC (COI.com) may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Please contact us at info@makaniprint.com with any questions regarding this Agreement.