Terms of Use

These Terms of Use (“Terms”) govern access to and use of the Makan website at makanmedia.com and related sub-domains (together, the “Site”). The Site is operated by Makan LLC (“Makan”, “we”, “our”, “us”) from the United States. By using the Site you agree to these Terms. If you do not agree, do not use the Site.

1. Who we are and how to contact us

Makan LLC. Email partners@makanmedia.com. Legal notices should be sent to legal@makanmedia.com.

2. Eligibility

You must be at least 18 years old and legally able to enter a binding contract to use the Site. By using the Site you represent that you meet these requirements.

3. Site content is informational

Content on the Site is provided for general information about our services. It does not constitute a binding offer, a contract, or professional advice tailored to your circumstances. We may change any content at any time without notice.

4. Enquiries

Submitting an enquiry does not create a contract. An engagement only begins once we and the client have signed a written proposal or statement of work.

5. Acceptable use

You agree not to:

• Use the Site in a way that breaches any applicable law or regulation, including US export controls and sanctions.
• Attempt to gain unauthorized access to the Site, our systems, or the accounts of other users.
• Interfere with, disrupt, probe, or attempt to overload the Site, including automated scraping, crawling, or scanning without our prior written consent.
• Reverse engineer, decompile, or attempt to extract source code from the Site.
• Use the Site to train, fine-tune, or evaluate any artificial intelligence or machine learning model without our prior written consent.
• Submit false, misleading, defamatory, infringing, unlawful, or malicious content through any form.
• Use the Site to send spam or unsolicited communications.

6. Accounts (admin area)

Some parts of the Site are restricted to authorized Makan staff. You are responsible for keeping your credentials secure and for all activity under your account. Notify us immediately at legal@makanmedia.com of any suspected unauthorized use.

7. Intellectual property

All content on the Site, including copy, design, brand marks, logos, photography, graphics, and code, is owned by Makan LLC or its licensors and is protected by US and international intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for personal or internal business evaluation. You may not copy, reproduce, republish, adapt, distribute, transmit, or exploit any part of the Site for commercial use without our prior written permission.

8. Your submissions

If you send us information through the enquiry form, email, or any other means (a “Submission”), you represent that it is accurate, that you have the right to send it, and that it does not violate anyone else’s rights. You grant Makan a worldwide, royalty-free, sublicensable license to use the Submission to respond to you, deliver services, and improve our operations. We treat personal information in Submissions under our Privacy Policy.

9. Third-party links and services

The Site may link to or embed third-party services (for example PostHog and the social platforms we work on). We do not control and are not responsible for the content, availability, security, or practices of those third parties, or for any transactions between you and them.

10. Disclaimers

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKAN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not fully apply to you.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE (AS DISTINCT FROM AN ENGAGEMENT UNDER A SIGNED STATEMENT OF WORK) IS LIMITED TO USD 1,000. This section does not limit liability that cannot be limited under applicable law.

12. Governing law, arbitration, and class waiver

Governing law. These Terms and any dispute arising out of or in connection with them or the Site are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by applicable US federal law (including the Federal Arbitration Act).

Informal resolution. Before starting an arbitration you agree to first contact us at legal@makanmedia.com with a description of the dispute and give us 60 days to resolve it in good faith.

Binding arbitration. Any dispute that is not resolved informally will be resolved by binding, individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be seated in Wilmington, Delaware, or conducted remotely at the arbitrator’s discretion. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring a qualifying claim in small-claims court instead of arbitration.

Class action waiver. You and Makan each agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. If a court decides this class action waiver is unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought in court, and the rest of Section 12 will remain in force.

Opt out of arbitration. You may opt out of the arbitration agreement in this Section 12 by emailing legal@makanmedia.com within 30 days of first accepting these Terms with the subject line “Arbitration Opt-Out” and stating your full name and the date you first used the Site. Opting out will not affect any other part of these Terms.

13. DMCA copyright notices

If you believe content on the Site infringes your copyright, send a written notice to our DMCA agent at legal@makanmedia.com including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material and its location on the Site; (d) your address, telephone number, and email; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the owner. We may remove or disable access to infringing material and terminate repeat infringers.

14. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason including a breach of these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, arbitration, and governing law) will survive.

15. Indemnity

You agree to indemnify, defend, and hold harmless Makan and its officers, directors, employees, and agents from any claim, loss, liability, or expense (including reasonable attorneys’ fees) arising from (i) your use of the Site, (ii) your breach of these Terms, (iii) your violation of any law or the rights of a third party, or (iv) any Submission you provide.

16. Export controls and sanctions

You represent that you are not located in a country subject to a US government embargo or designated by the US government as a “terrorist-supporting” country, and that you are not on any US government list of prohibited or restricted parties.

17. California-specific notice

Under California Civil Code § 1789.3, California users are entitled to notice that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

19. Miscellaneous

These Terms, together with the Privacy Policy and any signed statement of work, are the entire agreement between you and Makan regarding the Site. Our failure to enforce a provision is not a waiver. If any provision is held unenforceable, the rest will remain in effect. You may not assign these Terms without our written consent; we may assign them freely.

20. Changes

We may amend these Terms from time to time by posting a revised version on this page and updating the “Last updated” date. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

21. Contact

Questions about these Terms? Email legal@makanmedia.com.