1. Your relationship with LPS Holdco LLC (“Marq”)
1.1 Your use of Marq’s products, software, services and web sites (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and Marq (these “Terms”). These Terms form a legally binding agreement between you and Marq in relation to your use of the Services. It is important that you take the time to read them carefully.
2. Accepting the Terms
2.1 To use the Services, you must first agree to the Terms. You accept the Terms by clicking or tapping on a button indicating your acceptance, by executing a document that references them, or by using the Services.
2.2 By accepting these Terms, you represent that you have the legal power to do so. If you will be using the Services on behalf of an organization, (a) “you” and “your” will refer to that organization, (b) you agree to these Terms on behalf of that organization and you represent that you have the authority to do so, and (c) you shall be responsible for ensuring that each of your end users complies with the terms, conditions and obligations in these Terms.
2.3 You may not use the Services and may not accept the Terms if you are barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. If you represent an organization, you will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States, and (b) you do not provide access to the Services to persons or entities on any restricted lists.
2.4 If you are under 18 years old, you may not create a Marq account or use the Services unless (a) you have received access to the Services through your School (defined below), or (b) your legal guardian has reviewed and agreed to these Terms. If you are a parent or legal guardian permitting a person under 18 years of age (a “Minor”) to create an account and/or use the Services, you agree to: (i) supervise the Minor’s use of the Services and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Services and their account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
3. Provision of the Services by Marq
3.1 Marq gives you a limited, worldwide, non-assignable and non-exclusive right to access and use the Services, including the software provided as part of the Services (referred to as the “Software”) during the term hereof, solely in connection with your internal business operations and subject to these Terms.
3.2 You may not assign or grant a sub-license of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
4. Your Use of the Services
4.1 In order to register for and access certain Services, you will be required to provide information about yourself. You agree that any registration information you give to Marq, including contact information (e.g., e-mail address) and billing/payment details, will be accurate and kept current. Accounts are controlled by the entity whose email address is registered with the account.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.3 You are responsible for your conduct, Content, and communications with others while using the Services. In addition to restrictions found elsewhere in these Terms, you agree not to:
(a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless expressly permitted;
(b) access all or any part of the Services in order to build a product or service which competes with the Software or Services;
(c) license, sell, trade, resell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software or Services available to any third party except the licensed users;
(d) access or attempt to access any of the Services by any means other than through the interface that is provided by Supplier, including through any automated means (i.e., use of scripts or web crawlers);
(e) access, store, distribute or transmit any Viruses during the course of your use of the Services or engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services;
(f) engage in abusive or excessive usage of the Services, which is defined as usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users, all as determined in Marq’s discretion;
(g) use the Services to infringe the intellectual property rights of others. Without limiting the foregoing, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos; or
(h) access, store, distribute or transmit any material during the course of using the Services that is unlawful, harmful, threatening, defamatory, discriminatory, hateful, vulgar, obscene, libelous, invasive of another’s privacy, related to illegal activity, or otherwise objectionable.
4.4 We do not assume any responsibility for special processing or handling of data that might be considered “sensitive” or otherwise regulated by law. You specifically consent to our processing of data that you upload to the Service with no special handling. You agree that you will not, and will use commercially reasonable efforts to make sure a third party does not, use the Services to store or transfer any data that is controlled for export under any export or reexport control law or regulation, or is otherwise subject by law to special processing restrictions (for example, privacy, financial services, and health information laws and regulations). If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance and you may not use the Services in a way that would subject Marq to those industry-specific regulations without obtaining Marq’s prior written agreement.
4.5 Marq reserves the right in its sole discretion to decide whether your conduct is inappropriate and whether it complies with these Terms.
4.6 Marq may disable or terminate your access for any conduct in violation of these Terms and remove any objectionable Content, without prior notice and at Marq’s sole discretion. You acknowledge and agree that if Marq disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other Content contained in your account.
4.7 You acknowledge and agree that while Marq may not currently have a fixed limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such limits may be set at any time, at Marq’s discretion.
5. Your Content
5.1. In the course of using the Services, you may submit to or create content in the Services (your “Content”). Other than as described in Section 6.1, you retain ownership of all of your intellectual property rights in your Content.
5.2 You grant Marq a worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works from, make publicly available, and otherwise exploit your Content for the purposes of providing the Services, including technical support and account management services, to you and as otherwise permitted by Marq Privacy Policy. This limited license continues even after you stop using the Services, with respect to aggregate and de-identified data derived from your use of the Services. The limited license also extends to any trusted third parties Marq works with to the extent necessary to provide the Services to you.
5.3 You understand that Marq, in performing the required technical steps to provide the Services to users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Marq to take these actions.
5.4 If you believe that Marq, or any user of the Services, has violated a copyright, trademark or other intellectual property right you claim in your work, please contact us at legal@marq.com. Marq responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA).
6. Multi-User Accounts
6.1 When you create Content under an individual plan, that Content is available only to you and other Marq users with whom you share the Content. However, if you are or become an individual user managed under a multi-user subscription plan maintained by your employer or other third party (a “Multi-User Plan”), any Content you have created or will create will be subject to control by the account administrators, and is no longer “your Content” for purposes of this Agreement. Account administrators under a Multi-User Plan can designate other users under that Multi-User Plan as owners of the Content you originally created, in which case you may no longer be able to access the Content and may lose any copyright or other rights you held in the Content. In addition, the account administrator of such Multi-User Plan may remove you from the account or close your account without your prior consent. If you have questions about Multi-User Plans, please contact us at sales@marq.com.
6.2. You acknowledge and agree that if you are a registered Marq user, and the domain of the primary email address associated with your Marq account is owned by an organization, and an authorized representative of that organization wishes to establish a Multi-User Plan and add you to it, then certain information concerning your individual account may become accessible to that organization’s administrator, including your name and email address, and your Marq account may be added to the Multi-User Plan without your prior consent. In addition, you acknowledge and agree that if you are or become a registered user that is part of a Multi-User Plan your account information and data will be shared with the primary administrator(s) of the account and your data may also be visible to other users in the account.
6.3. If you are the representative of an entity with Multi-User Plan, you represent and warrant that the entity (a) owns the e-mail domain(s) that it intends to lock down (force new registrations through the Multi-User Plan process) and/or consolidate (move into the Multi-User Plan) pursuant to the Multi-User Plan features of the Services and (b) owns the content that has been created by users with accounts set up with such e-mail domains. You will appoint an appropriate administrator to manage the user subscriptions and will be solely responsible for such administrator’s acts and omissions with respect to the Services.
7. Education Accounts
7.1 If you are a school, school district, or related person, entity or organization (such as an administrator or educator who accesses the Services on their behalf) (each a “School”), then this section applies to you and “you” shall mean the School purchasing the account, as well as its end users.
7.2 You agree (a) to only provide access to the Service to those individuals employed by or enrolled as students in your School or classroom and (b) to be responsible for any Content, communications, and activity that occur under such accounts. Regardless of the account level being utilized, to the extent a School offers or requires access to the Services to Minors, the School will be responsible under this Section 7 for those end user accounts.
7.3 “Student Data” is any information (in any format) that is directly related to any identifiable current or former student that is maintained by a School, and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”) that Schools provide to us. While we may need to access Student Data to provide the Services to you, Schools own the Student Data and remain responsible for it.
7.4 Both parties agree to uphold their responsibilities under the FERPA, the Protection of Pupil Rights Amendment (“PPRA”), and the Children’s Online Privacy and Protection Act (“COPPA”). We provide the Services under the “school official” exception of FERPA 34 CFR Part 99.31(a)(1). COPPA requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under the age of 13. You represent and warrant that you have the authority to provide consent on behalf of parents in order for us to collect information from students before allowing children under the age of 13 to access our Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as Marq. If you are located outside of the United States, you will obtain any required consent or approval from the parent or guardian of any student covered by similar laws and, as a condition to your and your students’ use of the Services, you agree that you will be responsible for complying with such laws.
8. Indemnification
8.1 You hereby agree to indemnify, defend and hold Marq, its resellers, partners, officers, directors, agents, affiliates, and licensors (“the Indemnified Parties”) harmless from and against any third-party claim or liability arising out of (a) any Content you submit, share, upload, post or display on or to the Services; (b) any use by Marq end users of your Content; (c) any breach of or noncompliance with any representation, warranty or obligation in these Terms; (d) any claim that your Content violates any applicable law or infringes the rights of a third party; and (e) your violation of any applicable law, rule or regulation, including but not limited to FERPA, PPRA, and COPPA. You shall cooperate fully in the defense of any claim. Marq reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Services may be irreparable; therefore, Marq is entitled to seek equitable relief, including an injunction and/or preliminary injunction, in addition to all other remedies.
9. Billing, Payment and Renewal
9.1 If you select paid level of the Services (a “paid account”), you may choose to subscribe and pay for the Services on either a monthly or annual basis and Marq will bill the account administrator in advance for use of the Services. You may choose to discontinue your paid account at any time; however, Marq does not issue refunds for unused subscription periods, except as provided in these Terms or when required by law.
9.2 Current pricing for monthly and annual paid accounts are published on the Marq web site. Marq reserves the right to modify pricing at any time; provided, however, that Marq will notify the account administrator of a paid account by email prior to any monthly or annual price increase affecting that account. If you upgrade to a higher paid level or tier of paid account, Marq will credit any remaining balance from your previous subscription payment to your new level or tier.
9.3 All payments due are in U.S. dollars unless otherwise indicated on the subscription pricing page or invoice. Credit card, debit card or other non-invoice forms of payment are due at the beginning of the month for which Services will be provided to you. Marq will charge you for all fees when due. Such fees are considered delinquent if not received at the start of each service month or year. Marq may enable other forms of payment in the account administration and payments page, which may be subject to additional terms. Payments for invoices are due ten days after the invoice date, unless otherwise specified, and are considered delinquent thereafter.
9.4 After the initial subscription term, your subscription will automatically renew for successive periods of the same length as the initial term unless, at least 30 days prior to subscription renewal, you either notify Marq in writing of your intention not to renew or, for certain account levels, your administrator cancels your auto-renew in the account administration console. Unless otherwise agreed, any renewal will be at Marq’s then current pricing.
9.5 Delinquent payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Marq in collecting delinquent amounts. If delinquent fees are not paid, Marq will automatically downgrade your account to a free Marq account and/or suspend or terminate your use of the Services. Downgrading your account may cause the loss of content, features, functionality, or capacity of your account.
9.6 You are responsible for any taxes, duties, and customs fees associated with the sale of the Services (other than Marq’s income tax) (collectively “Taxes”), and you will pay Marq for the Services without any reduction for Taxes. If Marq is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide to Marq at ar@marq.com a valid tax exemption certificate prior to submission of a purchase order or any applicable payments (submission, or failure to submit, an exemption certificate does not affect payment due dates). If you are required by law to withhold any Taxes from your payments to Marq, you must provide Marq with an official tax receipt or other appropriate documentation to support such payments.
9.7 If you are provided access to the Services at no charge, you acknowledge that (a) the version available to you may not include or allow access to all features and functionality available to paid subscribers, and (b) the Services are made available to Customer on an “as is” basis without any warranty, support, maintenance, or other obligation of any kind.
10. Account management and security
10.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Marq for all activities that occur under your account. If you become aware of any unauthorized use of your password or account, you agree to notify Marq immediately at security@marq.com.
10.2 Only registered users may use the Services. As a user, you may not allow third parties to access the Services using your account. You are personally responsible for any use of the Services through your account, whether by you or a third party.
10.3 You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Marq will not be liable for any failure to store, or for loss or corruption of, your Content.
11. Privacy and your personal information
11.1 For information about Marq’s data protection practices, please read Marq’s privacy policy at https://www.marq.com/pages/privacy. This policy explains how Marq treats your personal information and protects your privacy when you use the Services.
11.2 You agree to the use of your data, including personal information, in accordance with Marq’s privacy policies. If you represent a School or an organization, you acknowledge that each end user will need to accept the applicable Marq Privacy Policy to use the Services.
11.3 Marq will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including Marq’s privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes publicly known other than through breach of these Terms; (b) was lawfully known to Marq before receiving it from you; (c) is received by Marq from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Marq without reference to your Content. Marq may disclose your Content when required by law or legal process, but only after Marq, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
11.4. Marq will provide and maintain commercially reasonable information security policies and safeguards, which include technical and organizational measures, designed to preserve the security, integrity, and confidentiality of your Content and to protect it against unauthorized access and information security threats.
12. Other Content in the Services
12.1 The Services contain content provided by others, including advertisements and sponsored Content, that may not be owned by Marq and may be protected by intellectual property rights owned by third parties. Such content is the sole responsibility of the person or entity from whom it originated.
12.2 The Services facilitate the sharing of information within your organization and potentially outside of your organization. You agree that you are solely responsible for the Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Marq may suffer). You must ensure that you have all the rights and permissions needed to use that Content in connection with the Services.
12.3 You acknowledge that, in order to ensure compliance with legal obligations, Marq may review content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). Marq may also modify, prevent access to, delete, or refuse to display Content that we believe violates the law, third party rights or these Terms. However, Marq otherwise has no obligation to monitor or review any content submitted to the Services.
13. Marq IP
13.1 You acknowledge and agree that Marq (or Marq’s licensors) and its resellers own all legal right, title and interest in and to the Software and the Services, including any intellectual property rights which subsist in the Services, whether those rights are registered or not, and wherever in the world those rights may exist. You further acknowledge that the Services may contain information which is designated “confidential” by Marq or its resellers and that you shall not disclose such information without Marq’s prior written consent. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
13.2 Nothing in the Terms gives you a right to use any of Marq’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
14. Publicity
14.1. Marq may identify you as a customer, and may use your name and logo on our website or in our customer list, blogs, and other public communications. To request removal of this identification, please notify us in writing at support@marq.com or Marq’s address which is found near the end of these Terms.
15. Software updates
15.1 The Software which you use may automatically download and install updates from time to time from Marq. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions with different features. You agree to receive such updates and permit Marq to deliver them to you as part of your use of the Services.
16. Ending your relationship with Marq
16.1 The Terms will apply until all end user accounts under your control are closed unless superseded by written agreement between you and Marq.
16.2 If you want to terminate your subscription and close your account, you may do so by (a) notifying Marq at support@marq.com or (b) closing your account and cancelling your subscription in the Accounts Settings tab section of the Services, if this option is available to you.
16.3 Marq may, at any time, terminate or discontinue your subscription and/or account, or any user’s access to the Services: (a) if you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); (b) if Marq is required to do so by law (e.g., if the provision of the Services to you is, or becomes, unlawful); or (c) if the provision of the Services to you by Marq is, in Marq’s opinion, no longer commercially viable.
16.4 In addition, Marq may terminate your subscription and/or close your account, for any or no reason, by giving you 30 days’ written notice to your email address on file and providing a pro rata refund for any prepaid, unused subscription fees for the Services as soon as practicable thereafter.
16.5 When these Terms end, all legal rights, obligations and liabilities that you and Marq have benefited from, been subject to, have accrued, or which must survive in order to give proper effect to their intent, shall be unaffected by this cessation, and the provisions of paragraph 23 shall continue to apply to such rights, obligations and liabilities indefinitely.
16.6 If your paid account is downgraded or canceled, your information on servers may be deactivated but not deleted. Marq does not actively delete your profile information, including your name and email address, or Content. In order to delete your data from our servers after ending your relationship with Marq, you must permanently delete your account. For help deleting an account, please contact support@marq.com.
17. Exclusion of Warranties
17.1 Nothing in these Terms, including Sections 17 and 18, shall exclude or limit Marq’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Only the limitations which are lawful in your jurisdiction will apply to you and Marq’s liability will be limited to the maximum extent permitted by law.
17.2 You acknowledge that the Services may experience periods of downtime, including, but not limited to, scheduled maintenance. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided “as is” and “as available.” MARQ MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, AND ANY INFORMATION OR MATERIALS RELATED THERETO OR MADE AVAILABLE THEREFROM, WHETHER EXPRESS OR IMPLIED. MARQ SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY AND ACCURACY. MARQ DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. MARQ MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE THIRD-PARTY APPLICATIONS AND CONTENT, AND EXPRESSLY DISCLAIMS ALL RESPONSIBILITY THEREFOR.
17.3 No advice or information, whether oral or written, obtained by you from Marq or through the Services shall create any representation or warranty not expressly stated in these Terms.
18. Limitation of Liability
18.1 Subject to Section 17.1, you expressly understand and agree that Marq, its affiliates, licensors, resellers, officers, employees and agents (the “Marq Parties”) shall not be liable to you for:
(a) any indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, even if Marq has been advised of the possibility of such damages and even if a remedy fails of its essential purpose. This shall include, but not be limited to, any loss of use, data, business, revenues, or profits (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, or other intangible loss; or
(b) any loss or damage which may be incurred by you, including, but not limited to, loss or damage as a result of (i) any changes which Marq may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (ii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; (iii) your failure to provide Marq with accurate account information; or (iv) your failure to keep your password or account details secure and confidential.
18.2 Subject to Section 17.1, the aggregate liability of the Marq Parties arising out of or in connection with the Services and these Terms is limited to your direct damages and will not exceed the greater of (a) the amounts paid by you to Marq for use of the Services during the 6 months prior to the event giving rise to the liability and (b) US $200.00.
19. Advertisements
19.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Marq on the Services may change without notice.
19.2 In consideration for Marq granting you access to and use of the Services, you agree that Marq may place advertising on the Services.
20. Third Party Resources
20.1 The Services may include hyperlinks to other web sites, content or resources. Marq may have no control over any web sites or resources which are provided by companies or persons other than Marq.
20.2 You acknowledge and agree that neither Marq nor its licensors or resellers are responsible for the availability of any such external sites or resources, and do not endorse any advertising, products or other materials on or available from such web sites or resources. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with those other companies or individuals.
20.3 You acknowledge and agree that neither Marq nor its licensors or resellers are liable for any loss or damage which may be incurred by you (a) as a result of the availability of those external sites or resources; or (b) as a result of any reliance you place on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
21. Community Galleries
21.1 The Service may contain galleries that present third-party content (“Community Galleries”). Community Galleries include the Templates Library and any other gallery that we make available. The content and information in the Community Galleries (“Gallery Content”) was created by Marq or third parties. As between you and the creators of Gallery Content, any intellectual property or proprietary rights remain with the creators.
21.2 The Gallery Content is provided “as is” and without any warranties or guarantees of any kind. You alone bear the risk of using Gallery Content. To the extent permitted under applicable law, Marq excludes the implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
21.3 If you submit Content to become part of the Community Galleries (your “Gallery Submission”), you direct and authorize Marq and its affiliates to host, link to, and otherwise incorporate your Gallery Submission into the Services, and you grant Marq and its end users a perpetual, worldwide, royalty-free, non-exclusive license to (a) reproduce the Gallery Submission; (b) create and reproduce derivative works of the Gallery Submission; (c) display publicly and distribute copies of the Gallery Submission; and (d) display publicly and distribute copies of derivative works of the Gallery Submission.
Marq reserves, and you grant to Marq, the right to syndicate your Gallery Submissions in connection with any of our Services. You may stop distributing your Gallery Submission(s) through the Community Galleries at any time; provided, however, that any such election will not serve to withdraw the licenses granted to Marq and its end users under these Terms. In order to stop distributing your Gallery Submission(s), you must utilize the removal functions within the Services, in which case the Gallery Submission(s) removal will be effective within a reasonable amount of time.
21.4 You represent and warrant that (a) you own or have obtained the necessary legal rights to provide all Gallery Submission(s), and will maintain these rights for as long as each Gallery Submission is available to Marq and its end users; and (b) all of the Gallery Submission(s) you submit abide by any posted program policies.
21.5 Marq claims no ownership over any Gallery Submission you submit through the Services. You retain copyright and any other rights, including all intellectual property rights, you hold in the Gallery Submission. You agree that you are responsible for protecting and enforcing those rights and that Marq has no obligation to do so on your behalf.
21.6 You agree that you are solely responsible for (and that Marq has no responsibility to you or to any third party for) any Gallery Submission that you submit. Marq is not in any way responsible for the subsequent use or misuse by Marq end users who access your Gallery Submission.
22. Changes to the Terms
22.1 Marq may make changes to the Terms from time to time. When these changes are made, Marq will make a new copy of the Terms available at https://www.marq.com/pages/tos.
22.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Marq will treat your continued use of the Services as acceptance of the updated Terms.
23. General legal terms
23.1 Unless otherwise specified, the Services are provided by, and you are contracting with, LPS Holdco LLC, and references to “Marq”, “we”, “us”, and “our”, located at 13907 S Minuteman Dr, 225, Draper, UT, 84020, United States. These Terms, and your relationship with Marq under the Terms, shall be governed by the laws of the State of Utah without regard to its conflict of laws provisions. You and Marq agree to submit to the exclusive jurisdiction of the courts located within Salt Lake County, Utah to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Marq shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
23.2 These Terms constitute the whole legal agreement between you and Marq and govern your use of the Services (but excluding any services which Marq may provide to you under a separate written agreement), and completely replace any prior agreements between you and Marq in relation to the Services. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
23.3 You agree that Marq may provide you notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
23.4 You agree that if Marq does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Marq has the benefit of under any applicable law), this will not be deemed a formal waiver of our rights, and those rights or remedies will still be available to Marq.
23.5 If any court of law having the jurisdiction to decide on this matter rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
23.6 Where Marq has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Marq. If there is any contradiction between the English language version of the Terms and a translation, the English language version shall take precedence.
24. Printing Services
24.1 Marq offers some users a service for ordering printed copies of documents. Printing and shipping of documents ordered through this service is done by a third-party printer. Once a document is submitted to this third-party printer for printing, Marq disclaims all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law, including without limitation warranties of merchantability, fitness for a particular purpose. Marq is not responsible for protecting the document’s privacy and confidentiality and you agree to hold Marq harmless from and against any claim or liability arising out of a security breach related to the third-party partner or the document submitted for printing.
24.2 Marq offers refunds for printed orders which arrive defective or damaged, provided the third-party printer or transit carrier is responsible for the damage. Marq recommends that you review all design work before you place an order to avoid any problems with the finished product by downloading and reviewing a pdf file. If the issue is present in the pdf which you had the opportunity to download and review before printing, then it shall not be considered a defect or mistake and Marq will not be responsible.
24.3 Marq will make an effort to honor order cancellation requests within 24 hours of order placement. However, if the third-party printer has started the production process for the ordered document, the order will not be cancelled, and Marq will not be responsible for any refunds.
24.4 Marq does not guarantee delivery dates and will not provide refunds for orders that arrive after the estimated delivery window.
24.5 Marq will not print documents that contain explicit content. Print orders for any such documents will be canceled and refunded without prior notice.
