Terms and conditions
These terms and conditions ("Agreement") set
forth the general terms and conditions of your use of the markezon.com website ("Website" or
"Service") and any of its related products and services
(collectively, "Services"). This Agreement is legally binding between
you ("User", "you" or "your") and this Website operator
("Operator", "we", "us" or "our"). By accessing
and using the Website and Services, you acknowledge that you have read, understood,
and agree to be bound by the terms of this Agreement. If you are entering into this
Agreement on behalf of a business or other legal entity, you represent that you
have the authority to bind such entity to this Agreement, in which case the terms
"User", "you" or "your" shall refer to such entity.
If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this Agreement and may not access and use the Website
and Services. You acknowledge that this Agreement is a contract between you and
the Operator, even though it is electronic and is not physically signed by you,
and it governs your use of the Website and Services.
Accounts and membership
You must be at least 18 years of age to use the Website and
Services. By using the Website and Services and by agreeing to this Agreement you
warrant and represent that you are at least 18 years of age. If you create an
account on the Website, you are responsible for maintaining the security of your
account and you are fully responsible for all activities that occur under the account
and any other actions taken in connection with it. We may monitor and review new
accounts before you may sign in and start using the Services. Providing false contact
information of any kind may result in the termination of your account. You must
immediately notify us of any unauthorized uses of your account or any other breaches
of security. We will not be liable for any acts or omissions by you, including any
damages of any kind incurred as a result of such acts or omissions. We may suspend,
disable, or delete your account (or any part thereof) if we determine that you have
violated any provision of this Agreement or that your conduct or content would tend
to damage our reputation and goodwill. If we delete your account for the foregoing
reasons, you may not re-register for our Services. We may block your email address
and Internet protocol address to prevent further registration.
User content
We do not own any data, information or material (collectively,
"Content") that you submit on the Website in the course of using the Service.
You shall have sole responsibility for the accuracy, quality, integrity, legality,
reliability, appropriateness, and intellectual property ownership or right to use
of all submitted Content. We may monitor and review the Content on the Website submitted
or created using our Services by you. You grant us permission to access, copy, distribute,
store, transmit, reformat, display and perform the Content of your user account
solely as required for the purpose of providing the Services to you. Without limiting
any of those representations or warranties, we have the right, though not the obligation,
to, in our own sole discretion, refuse or remove any Content that, in our reasonable
opinion, violates any of our policies or is in any way harmful or objectionable.
You also grant us the license to use, reproduce, adapt, modify, publish or distribute
the Content created by you or stored in your user account for commercial, marketing
or any similar purpose.
Backups
We perform regular backups of the Website and its Content and
will do our best to ensure the completeness and accuracy of these backups. In the
event of hardware failure or data loss, we will restore backups automatically to
minimize the impact and downtime.
Links to other resources
Although the Website and Services may link to other resources
(such as websites, mobile applications, etc.), we are not, directly or indirectly,
implying any approval, association, sponsorship, endorsement, or affiliation with
any linked resource, unless specifically stated herein. Some of the links on the
Website may be "affiliate links". This means if you click on the link
and purchase an item, the Operator will receive an affiliate commission. We are
not responsible for examining or evaluating, and we do not warrant the offerings
of, any businesses or individuals or the content of their resources. We do not assume
any responsibility or liability for the actions, products, services, and content
of any other third parties. You should carefully review the legal statements and
other conditions of use of any resource which you access through a link on the Website
and Services. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you
are prohibited from using the Website and Services or Content: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any unlawful acts; (c)
to violate any international, federal, provincial or state regulations, rules, laws,
or local ordinances; (d) to infringe upon or violate our intellectual property rights
or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way that will affect
the functionality or operation of the Website and Services, third party products
and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl,
or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent
the security features of the Website and Services, third party products and services,
or the Internet. We reserve the right to terminate your use of the Website and Services
for violating any of the prohibited uses.
Intellectual property
rights
"Intellectual Property Rights" means all present
and future rights conferred by statute, common law or equity in or in relation to
any copyright and related rights, trademarks, designs, patents, inventions, goodwill
and the right to sue for passing off, rights to inventions, rights to use, and all
other intellectual property rights, in each case whether registered or unregistered
and including all applications and rights to apply for and be granted, rights to
claim priority from, such rights and all similar or equivalent rights or forms of
protection and any other results of intellectual activity which subsist or will
subsist now or in the future in any part of the world. This Agreement does not transfer
to you any intellectual property owned by the Operator or third parties, and all
rights, titles, and interests in and to such property will remain (as between the
parties) solely with the Operator. All trademarks, service marks, graphics and logos
used in connection with the Website and Services, are trademarks or registered trademarks
of the Operator or its licensors. Other trademarks, service marks, graphics and
logos used in connection with the Website and Services may be the trademarks of
other third parties. Your use of the Website and Services grants you no right or
license to reproduce or otherwise use any of the Operator or third-party
trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event
will the Operator, its affiliates, directors, officers, employees, agents, suppliers
or licensors be liable to any person for any indirect, incidental, special, punitive,
cover or consequential damages (including, without limitation, damages for lost
profits, revenue, sales, goodwill, use of the content, impact on business,
business interruption, loss of anticipated savings, loss of business
opportunity) however caused, under any theory of liability, including, without limitation,
contract, tort, warranty, breach of statutory duty, negligence or otherwise, even
if the liable party has been advised as to the possibility of such damages or could
have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents,
suppliers and licensors relating to the services will be limited to an amount greater
than one pound or any amounts paid in cash by you to the Operator for the prior
one month period before the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate
you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold the Operator and its affiliates,
directors, officers, employees, agents, suppliers and licensors harmless from and
against any liabilities, losses, damages or costs, including reasonable attorneys'
fees, incurred in connection with or arising from any third party allegations, claims,
actions, disputes, or demands asserted against any of them as a result of or relating
to your Content, your use of the Website and Services or any willful misconduct
on your part.
Severability
All rights and restrictions contained in this Agreement may
be exercised and shall be applicable and binding only to the extent that they do
not violate any applicable laws and are intended to be limited to the extent necessary
so that they will not render this Agreement illegal, invalid or unenforceable. If
any provision or portion of any provision of this Agreement shall be held to be
illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall
constitute their agreement with respect to the subject matter hereof and all such
remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement
and any disputes arising out of it shall be governed by the substantive and procedural
laws of the United Kingdom without regard
to its rules on conflicts or choice of law and, to the extent applicable, the laws
of United Kingdom. The exclusive jurisdiction and venue for actions related to the
subject matter hereof shall be the courts located in the United Kingdom, and you
hereby submit to the personal jurisdiction of such courts. You hereby waive any
right to a jury trial in any proceeding arising out of or related to this Agreement.
The United Nations Convention on Contracts for the International Sale of Goods does
not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms
relating to the Website and Services at any time, effective upon posting of an updated
version of this Agreement on the Website. When we do, we will revise the updated
date at the bottom of this page. Continued use of the Website and Services after
any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree
to all its terms and conditions. By accessing and using the Website and Services
you agree to be bound by this Agreement. If you do not agree to abide by the terms
of this Agreement, you are not authorized to access or use the Website and Services.
Contacting us
If you would like to contact us to understand more about this
Agreement or wish to contact us concerning any matter relating to it, you may do
so via the contact form.
This document was last updated on March 31, 2021
