Terms & Conditions
Visitor Agreement
Any person or entity (“User”) visiting, using or otherwise accessing the site at marpple.com (“Site”) or any information contained in the site agrees to and is bound by the following terms and conditions of this visitor agreement (“Agreement”). You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
Intellectual Property Rights of Marpple.com
Marpple.com is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Marpple.com Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Marpple.com.
Eligibility
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
Use of Site
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact Marpple.com and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Marpple.com retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, Marpple.com has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Marpple.com production.
You agree not to use Marpple.com's service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Featured Links
The Site displays and/or refers to links to other websites from time to time. Marpple: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (iii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk.
Links to Us
Any other website may link to our Site, provided it does not imply any endorsement of its products or services by Marpple, does not misrepresent its relationship with or present false information about Marpple, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that Marpple reserves the right to withdraw such permission at any time and to take any other appropriate action.
Putting content on the Marpple.com
You keep the copyright in any content you submit or upload to the website. In order to receive the Marpple services you grant Marpple a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.
- You own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content;
- The content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
- Your use of the website will comply with all applicable law, rules and regulations;
- The content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- The content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
- The content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
Marpple reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and / or cancel your account, because that content breaches your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify Marpple in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
Intellectual Property Rights and License
By submitting listings to Marpple.com, you grant Marpple a non-exclusive, worldwide, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with Marpple's (and its successors' and affiliates') services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the Marpple.com site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Marpple.com site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under these Terms & Conditions. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from Marpple.com. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.
All intellectual property rights in this website and the Marpple service (including the software and systems underlying the Marpple service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:
- use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialize any information, products or services obtained from any part of this website,
without our written permission.
If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).
Reporting inappropriate content to Marpple
Marpple does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.
Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Marpple reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint to info@marpple.com.
Shipping / Delivery Times
Marpple’s orders are generally delivered within 14 days. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Delivery times may vary during the holiday seasons.
Returns Policy
Marpple.com goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, Marpple.com accepts returns and will refund payment if and when customers are disappointed by Marpple.com merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.
Damaged Goods
If a product is delivered to a customer, whether in electronic or printed format, that is electronically or physically damaged in some way (for example, a misprinted, a framed print has cracked, or there are loose products) Marpple will happily contact the manufacturer or seller to issue a replacement copy of the product after receiving reasonable proof of that damage.
Cancellation Policy
You may change or cancel your order within twenty-four (24) hours of submitting your order.
Hacking
You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way interfere with the Site, you agree to pay or refund all damages incurred by Marpple. Marpple will cooperate with the authorities in prosecuting any User who interferes with the Site or otherwise attempts to defraud Marpple or any other parties through User’s use of the Site or services provided via the Site. Marpple reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site without giving you any advance notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
Re-targeting
Marpple offers users the ability (through the Marketing tab on the dashboard) to run campaigns re-targeting consumers based on data that has been collected through the Marpple platform. Marpple works with a third party vendor called Unite and its partner Google and AppNexus to collect and manage such data and deliver the targeted advertisements on unaffiliated websites around the Internet. By using the marketing and retargeting feature, you agree that in addition to these terms and conditions, your activities shall be governed by http://www.appnexus.com/en/company/platform-privacy-policy#choices–and that Marpple, Unite and/or AppNexus have the right to insert an opt-out mechanism on your advertisements.
Complaints
If you believe that you are the owner of the copyright or other rights in any material(s) appearing on Marpple, and/or that ownership of the copyright or other rights in any material has been incorrectly used or represented on Marpple, please contact us via info@marpple.com.
Trade Marks
The brands, products and service names used in this Site (including without limitation, “Marpple”) are the trademarks or trade names of Marpple or it’s trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of Marpple.
Registration
If you register with the Site, you must: agree to the terms of the Registered User Agreement; agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; agree not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and agree not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other Users, or to seek to pass yourself off as another User.
Limitation of Liability
User agrees that the liability of Marpple to User under this Agreement shall be limited to the greater of the amount User has actually paid to Marpple for its services and $100. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Marpple.
Indemnity
User agrees to indemnify Marpple for any loss or damage that may be incurred by Marpple, including without limitation legal fees, arising from User’s use of the Site or User’s use of any information obtained through the Site.
Privacy Policy
Your privacy is very important to us. Users of our website should refer to our privacy policy – which is incorporated into this agreement by reference, for information about how we collect and use personal information.
Security of Information
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Severability
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
Changes to this Agreement
This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
Indemnity
You agree to defend, indemnify and hold Marpple.com and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of Marpple.com's Site and the Service, your violation of this Agreement, or your violation of any rights of another.
Governing Law
This Agreement shall be governed by and will be construed in accordance with the laws of South Korea. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Korean Courts.
