Welcome to Marky.com (the "Site"). This Site is maintained and operated by Marky, LLC ("Marky" or "Company"). Marky is a destination for art and art projects. We make our Services available to users ("Users," "you", "your") via the Marky website (currently located at http://www.marky.com) (the "Site"), and through other platforms and media.
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. MARKY RESERVES THE RIGHT TO CHANGE THESE TERMS OF SERVICE AT ANY TIME WITHOUT NOTICE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
Marky grants you a personal, limited, non-transferable, non-exclusive license to access and use the Site. You acknowledge that Marky owns all right, title and interest in and to the Services, including without limitation, all underlying software and technology, and all other intellectual property rights in relation to the Services, other than that owned by third parties. Marky reserves the right, in its sole discretion and without notice to you, to revise the Products and Services and to change, suspend or discontinue any aspect of the Site, and it will not be liable to you or to any third party for doing so. It may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
By creating an account, you represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) if you are a subscriber, your account will be used only by the subscriber, and will not be shared with others outside of the same household.
When you register, you may be asked to choose a username and a password. You are responsible for maintaining the confidentiality of your password and all use of your account. You agree not to use the account, username, or password of another user. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
Through Marky, you may purchase a subscription to receive monthly shipments of curated items (each, a "Subscription") and/or single-purchase offerings (each, a "Box"). The term "Services" shall include, without limitation, use of the Marky Site, and/or purchase of a Box and/or Subscription, including the goods and/or services included therein (each, a "Product") and any additional goods or services Marky delivers to you. The Site at Marky.com is currently powered by CrateJoy, the blog is currently powered by WordPress, and payments are currently processed by Stripe. If you have specific questions about services provided by these third parties, we encourage you to review the websites and privacy policies for these third party services.
Marky may change, suspend or discontinue the Services at any time. Marky may also impose limits on certain features and services or restrict your access to parts or all of the Services.
The various subscription types available and the periods and pricing for each, are described at Marky.com. At the time of sign-up, Marky will charge you the then current Subscription fee. For each subsequent subscription period for the plan you have selected, you will automatically be charged for a subscription renewal at the then current rate, on or around the day of the month as indicated in your account or on the subscription terms page on Marky.com.
Gift Subscriptions function just like regular subscriptions, except that the account holder is the Gifter, and the box typically goes to another Recipient. Gifter will be billed for each renewal on a month-to-month basis until the Gifter cancels the Gift Subscription. Gift Recipients are not notified before or after their box has shipped, nor are Recipients notified who the Gifter is. It is Gifter's responsibility to notify Recipient about the gift, and Gifter may do so at any time at their own discretion.
You may cancel your subscription at any time via your account page. To avoid being charged for the next subscription renewal, you must cancel your subscription before the day of the month as indicated in your account or on the subscription terms page on Marky.com.
All sales and renewals of subscriptions are final. There are no returns or refunds of any kind. The contents of each Box are curated each month and supplies are limited. Marky does not allow Returns or substitutions of anything in your Box.
If you receive a Box with damaged or incomplete contents, please contact us at email@example.com within one (1) week following shipment of your Box. Please include a photo documenting the damaged product in order to receive a replacement product. Marky will decide, in its sole discretion, to honor replacement of damaged Product or a damaged Box on case-by-case scenario. Boxes are shipped by a third party carrier. As a result, title and risk of loss for a Box will pass to you upon our delivery to the carrier.
THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER, EXCEPT TO THE EXTENT THAT MANUFACTURER WARRANTIES ARE ASSOCIATED WITH THE PRODUCTS. MARKY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS. MARKY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, QUALITY AND PERFORMANCE OF THE PRODUCTS AND THE SERVICES. MARKY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN DISCRETION AND RISK. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
IN NO EVENT SHALL MARKY, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS OR AFFILIATES, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR THE USE OR MISUSE OF THE PRODUCTS OR THE SERVICES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, THE SERVICES OR THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MARKY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MARKY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES SUPPLIERS, OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO MARKY IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
You hereby release Marky, its officers, employees, investors, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, emotional distress, death and property damage, that is either directly or indirectly related to or arises from use of the Products or the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
If you have any questions or concerns about the Services or these Terms of Services, we strongly encourage you to first contact us firstname.lastname@example.org directly.
For any claim where the total amount of the award sought is less than $10,000 (excluding claims for injunctive or other equitable relief), either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
These Terms shall be governed by the laws of the State of California without giving effect to any conflicts of laws principles that would require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Marky must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as in the arbitration option. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services and the Products. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Marky with regard to the matters described above and may not be modified except in a writing signed by an authorized representative of Marky. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Marky’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Should you have any questions regarding these Terms, you may contact us at email@example.com
Effective Date: May 13, 2016