These Terms of Service ("Terms") govern your access to and use of DmarkLet's website, products, and services. Please read these Terms carefully before using our services. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.
1. Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms and any additional terms that may apply to specific features, content, or products. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified terms, you should discontinue your use of the Services.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Order" means a request to purchase Products through the Services.
- "Products" means the stock graphics, photos, and other items offered for sale through the Services.
- "Subscription" means a recurring Order for Products at specified intervals.
- "User" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Content and Licensing
4.1 Product Licensing
All Products available through the Services are licensed, not sold. When you purchase a Product, you are acquiring a license to use the Product in accordance with the specific license terms associated with that Product.
4.2 License Types
We offer different types of licenses for our Products, including:
- Standard License: Grants non-exclusive rights to use the Product for specified personal, editorial, or commercial purposes with limitations on distribution and usage.
- Extended License: Grants broader rights for commercial use, including merchandise, templates, and wider distribution.
- Custom License: Tailored to specific needs as negotiated directly with our licensing team.
The specific terms of each license type are provided at the time of purchase. It is your responsibility to review and understand these terms before purchasing.
4.3 License Restrictions
Unless explicitly permitted in the applicable license, you may not:
- Use Products in a way that could be considered defamatory, pornographic, obscene, immoral, or illegal
- Use Products in a way that depicts models or property in a negative or unfavorable light
- Incorporate Products into a logo, trademark, or service mark
- Distribute, sublicense, or resell Products as standalone files
- Use Products in a way that competes with DmarkLet's business
- Remove any copyright or proprietary notices from Products
4.4 Model and Property Releases
While we make efforts to indicate when Products include images of models or property that have associated releases, you are responsible for determining whether additional permissions are required for your specific use. We do not guarantee that Products are suitable for any particular use and cannot be held responsible for any claims arising from your use of the Products.
5. Payment and Pricing
5.1 Pricing
All prices for Products are displayed in the currency specified on the website. We reserve the right to change prices at any time. Price changes will not affect orders that have already been confirmed.
5.2 Payment Methods
We accept various payment methods as indicated on our website. By providing a payment method, you represent that you are authorized to use the payment method and that the payment information provided is accurate.
5.3 Subscription Billing
For Subscription services, you authorize us to charge your payment method on a recurring basis until your Subscription is terminated. If we are unable to charge your payment method, we may suspend or terminate your access to the Subscription services.
5.4 Taxes
Prices displayed may not include applicable taxes. You are responsible for any taxes that may apply to your purchase, and these will be added to your total at checkout where required by law.
5.5 Refunds
Our refund policy is detailed in our separate Refund Policy, which is incorporated into these Terms by reference.
6. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services
- Transmitting spam, chain letters, or other unsolicited email
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services
- Uploading invalid data, viruses, worms, or other software agents through the Services
- Collecting or harvesting any personally identifiable information from the Services
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity
- Interfering with the proper working of the Services
- Accessing any content on the Services through any technology or means other than those provided or authorized by the Services
- Bypassing the measures we may use to prevent or restrict access to the Services
7. Intellectual Property Rights
7.1 DmarkLet Content
The Services and Content (excluding User Content) are owned by DmarkLet or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. DmarkLet reserves all rights not expressly granted in and to the Services and Content.
7.2 User Content
You retain all rights in any User Content that you submit, post, or display on or through the Services, subject to the licenses granted to us below.
7.3 License to DmarkLet
By submitting User Content to the Services, you grant DmarkLet a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods (now known or later developed). This license allows DmarkLet to make your User Content available to the Services and to promote DmarkLet or the Services.
7.4 Feedback
If you provide feedback, ideas, or suggestions regarding the Services ("Feedback"), you grant DmarkLet an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use the Feedback for any purpose without compensation to you.
8. Termination
8.1 Termination by You
You may terminate these Terms at any time by closing your Account and discontinuing use of the Services. If you terminate a Subscription, your Subscription will remain active until the end of the current billing period.
8.2 Termination by DmarkLet
We may terminate or suspend your access to all or part of the Services, or terminate these Terms, at any time, with or without cause, with or without notice, effective immediately. Cause for termination may include, but is not limited to:
- Violation of these Terms
- Failure to pay any fees when due
- Legal or regulatory requirements
- Requests by law enforcement or government agencies
- Discontinuance or material modification of the Services
8.3 Effect of Termination
Upon termination of these Terms:
- Your right to access and use the Services will immediately cease
- We may delete or archive your Account information and User Content
- Any licenses granted for Products already purchased will continue in accordance with their terms
- Any provisions that by their nature should survive termination shall survive termination
9. Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
DMARLKET DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DMARLKET, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT WILL DMARLKET'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DMARLKET IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
The limitations of liability in this section will apply even if DMARLKET has been advised of or should have known of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold harmless DmarkLet, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your User Content
- Your use of the Services, including, but not limited to, any use of the Products
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
12. Dispute Resolution
12.1 Governing Law
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any choice of law or conflict of law provisions.
12.2 Informal Dispute Resolution
If you have a dispute with DmarkLet, you agree to contact us first and attempt to resolve the dispute informally by sending a notice to legal@dmarlklet.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or DmarkLet may bring a formal proceeding.
12.3 Formal Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, shall be resolved by courts of competent jurisdiction in the United Kingdom.
12.4 Class Action Waiver
YOU AND DMARLKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
