Last updated: November 6, 2024
Marly Media, Inc. and/or its affiliates (“Marly Media”, “we” or “us”) operate an online store (“Marly Media”) located at marlymedia.com from which you may purchase products and services (“Marly Media”).
These Terms of Use apply to the content and functionality of the Marly Media, and to the Marly Media Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our payment processing services, which are governed by the Marly Media Services Agreement.
1. Information that you provide to us
You may give us information about yourself when you visit Marly Media. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit Marly Media and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
2. Marly Media IP
As between you and Marly Media, Marly Media and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in Marly Media (collectively, “Marly Media IP”). Marly Media IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Marly Media IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the Marly Media or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Marly Media has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to Marly Media
Marly Media grants you a limited, revocable, non-exclusive, non-transferable license to access the Marly Media. This license does not include a right to use any of the content and information, including product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.
4. Products, Content and Specifications
Details of the products and services available for purchase in the Marly Media (“Marly Media Products”) are set out in the Marly Media. All features, content, specifications, products and prices of products and services described or depicted in this Marly Media are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Marly Media due to the limitations of the systems that you use to access the Marly Media. The inclusion of any products or services in the Marly Media at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
5. Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via Marly Media. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.