Please read these terms and conditions carefully before using MARKAUDIO.COM.
ACCEPTANCE OF TERMS AND CONDITIONS
This page sets out the terms and conditions (the “Terms and Conditions”) for using the website displayed at the URL MARKAUDIO.COM and its associate domains or sub-domains (the “Site”). By using the Site operated by Mark Image Ltd and/or its affiliates (“MARKAUDIO” and, collectively with “we” or “us”), you will be deemed to have acknowledged and agreed that the Terms and Conditions set out below are binding upon you. We may revise the Terms and Conditions from time to time without prior notice. Once posted on the Site, the amended the Terms and Conditions shall apply to you. You are advised to visit this page periodically to review the latest Terms and Conditions.
These Terms and Conditions between us, are only in the English language.
USE OF THE SITE
This Site is served as an information and shopping resource, but for no other purpose. Any other use of this Site, including, but not limited to, reproduction or any modification, distribution or republication, without the prior written permission of MARKAUDIO, is strictly prohibited.
You may not violate or attempt to violate the security of the Site including, without limitation, accessing data not intended for you or logging into a server or account which you are not authorised to access, attempting to probe, scan or test the vulnerability of a system or network, attempting to breach security or authentication measures without proper authorisation, or attempting to interfere with service to any user, host or network. Violation of system or network security may result in civil or criminal liability.
You may not engage in sending spam, including but not limited to any form of unsolicited emails or messages.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
PRODUCT INFORMATION AND AVAILABILITY
Price and availability information contained on this Site is subject to change without notice. MARKAUDIO shall not be bound by any errors or omissions in posting product information or prices with respect to any products offered on this site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Some of the products and services featured on the Site is displayed for information or promotional purposes only and may not be available for purchase through the Site. All products and services offered for purchase on the Site is subject to availability.
The images of the products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images, especially where our products contain natural product components such as wood.
The packaging of the products may vary from that shown on images on our site.
COMPLIANCE WITH SHIPPING AND RETURN POLICIES
You agree to comply with and be bound by our shipping and returns policies in connection with the purchases or returns of products purchased through this Site. Our current Shipping & Handling and Returns & Exchanges policies are incorporated herein by reference and made part of these Terms and Conditions.
THIRD PARTY LINKS AND CONTENT
This Site may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by MARKAUDIO. Certain content from third party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
PRIVACY POLICY
We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect our users (“Privacy Policy”). Our current Privacy Policy is incorporated herein by reference and made part of these Terms and Conditions.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through this Site. We may, at our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, we may (but are not obliged to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.
TERMINATION OF USAGE
We may block your email or IP address, terminate or suspend your access to or use of all or part of the Sites, and remove any content within such services immediately for any reason without notice, for any conduct that we believe is disruptive to the Sites or is in violation of any applicable law or these Terms and Conditions.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO THIS SITE
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided “AS IS.” We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that we, our directors, officers, employees, agents, partners or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked website.
COPYRIGHT AND TRADEMARK
All content included on this Site, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of MARKAUDIO, or our third party licensors which are protected by copyright and trademark laws.
You may not, in whole or in part, use, transfer, download or otherwise reproduce any part of the Site without our prior written consent. Re-use of any of the foregoing is strictly prohibited and we reserve all our rights.
All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
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1) Privacy statements
This legal statement contains the terms and conditions governing this Site, https://www.markaudio.com, and all related corporate Sites of the affiliates of Mark audio Group or the MARKAUDIO brand (hereinafter referred to as MARKAUDIO) which are linked to this Site (collectively, the “Sites”).
By accessing or using any of these Sites, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement. Do not use any Sites if you do not accept and agree to these terms and conditions. Unless otherwise referenced herein, any reference to MARKAUDIO shall include all of its affiliates.
By entering this Site you acknowledge and agree that this Site will be construed and evaluated according to the laws of The United Kingdom, without application of its international conflict of law provisions. You agree that any disputes in connection with the use of this Site shall be resolved in court of competent jurisdiction in the United Kingdom. If you use this Site from another country you are responsible for compliance with any and all applicable local laws. MARKAUDIO makes no representation that the materials contained within this Site are appropriate for countries outside the United Kingdom.
Visitors assume all responsibility and risk with respect to their use of the Sites. All information contained on the Site is provided to you “as is” and MARKAUDIO disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Sites, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. MARKAUDIO does not warrant that the Sites are free of computer viruses, bugs or other harmful components. MARKAUDIO does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. MARKAUDIO does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Sites. MARKAUDIO does not have any duty to update its Sites or modify their Content or Code, and MARKAUDIO shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Sites before relying upon it.
In no event shall MARKAUDIO be liable for any direct, special, indirect, or consequential damages, or any other damages of whatever kind resulting from whatever cause, including but not limited to loss of use, loss of profits, loss of data, or any other type of damage, tangible or intangible in nature, whether in an action under theories of contract, tort or otherwise, arising out of or in any way relating to the use or performance of the information on, or accessed through, MARKAUDIO’s Sites.
MARKAUDIO reserves the right to withdraw access to the Sites or to revise the services and products described in the Sites at any time without notice. MARKAUDIO may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions that apply to your use of the Sites. The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.
MARKAUDIO owns or has rights to all of the Sites. MARKAUDIO owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Sites (the “Content”), and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the Sites (the “Code”). The Content and Code of the Sites are protected by copyright. Except as set forth above, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Sites without the prior written agreement of MARKAUDIO. You may not use the Content or Code from the Sites for any purpose other than those set forth above. All logos, names and trademarks that appear on the Sites are the property of MARKAUDIO or are used by MARKAUDIO under license. You may not use any of the foregoing for any purpose without the prior express written permission of MARKAUDIO. Your failure to comply with this Legal Statement will constitute breach of contract and will violate MARKAUDIO copyright, trademark and other proprietary and industrial property rights. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of MARKAUDIO, its affiliates or any third party.
Although this Site may be linked to other Sites, MARKAUDIO is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked Site, unless specifically stated therein. By entering this Site you acknowledge and agree that MARKAUDIO has not reviewed all Sites linked to this Site and is not responsible for the content of any off-Site pages or any other Site linked to this Site. Your linking to any other off-Site pages or other Sites is at your own risk.
If you respond to MARKAUDIO with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, but excepting Personal Information, such information shall not be deemed confidential. All such submissions shall be deemed the property of MARKAUDIO, and your submission of information shall constitute an assignment to MARKAUDIO of all worldwide rights, titles and interests in such information. MARKAUDIO will not be liable for any use or disclosure of such information. MARKAUDIO will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. MARKAUDIO will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely upon such information. MARKAUDIO welcomes your comments and suggestions on its Sites and products, but MARKAUDIO does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that MARKAUDIO may publish such information, use it as part of its operations, and incorporate its concepts in MARKAUDIO products without liability.
It is MARKAUDIO’s policy to keep Personal Information only for so long as needed for such purposes. MARKAUDIO does not sell, rent or otherwise distribute to third parties Personal Information about visitors to this Site, except as needed for MARKAUDIO to provide the services for which such information was volunteered. Processing on behalf of MARKAUDIO may be performed by third parties in the EC, with whom MARKAUDIO concludes appropriate contracts to ensure compliance with the Data Protection legislation. However, the Sites contain links to Sites controlled by, and pages maintained by independent third parties. MARKAUDIO does not control use of information provided to such third parties and all such information will be governed by the third party’s privacy policy. At any time, you may obtain a summary of the Personal Information on record with MARKAUDIO, which has been collected, about you by writing to us at the address below. You may request at any time that MARKAUDIO dispose of any or all Personal Information about you. To make any request described above, leave a message at this Site. When contacting us, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) in order to be sure we handle your request correctly. MARKAUDIO reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy Statement at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy Statement will mean that you accept those changes.
At MARKAUDIO Store and Mark audio Limited, we respect the privacy of all our customers and business partners, and treat personal information provided by you as confidential. When you register, you will be given the option to opt-out of subscribing to our regular update service. We will send you e-mail alerts for new products, special offers, promotions and events of interest. Such alerts may include marketing information about www.MARKAUDIO.COM or selected business partners.
We do not sell or otherwise pass your details to third parties for marketing purposes. Marketing communications you subscribe to will only be sent by MARKAUDIO.COM.
At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any e-mail we send you will contain an easy automated unsubscribe link so that you can opt-out of that subscription. Simply follow the indications in the e-mail.
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