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Terms & Conditions

Effective Date: March 7, 2023

 

Welcome to Mark. This platform is owned and operated by Mark company. The following terms and conditions outline the rules and regulations for the use of Mark. Accepting these terms and conditions is a legally binding agreement between you and Mark. For the purpose of this document, you will henceforth be referred to as (the “user”, “you”, and “your”) and Mark will be referred to as (“we”, “us”, “our”, and “Mark”). If you are entering this agreement on behalf of a company or other entity, you maintain that you have the authority to legally bind such entity to these terms and conditions. If the aforementioned is true then the following (the “user”, “you”, and “your”) will refer to such an entity. We reserve the right to make any necessary modifications to our terms and conditions. In case of any modifications, we will make the appropriate effort to notify you of these changes. Which will be done by notifying you through our platform and changing the last updated date on these terms and conditions.

 

  1. Acceptance of these terms and conditions

 

By agreeing to these terms and conditions you acknowledge that (a) you have read this document (b) you are at least eighteen years of age. If you do not agree to these terms and conditions, then you may not access our services. 

  1. Accessing the service 

 

You must register with us in order to access or utilize certain of our Services. You must enter true and current information while setting up this account. In order to keep your information current and complete, it is crucial that you maintain and promptly update your data and any other information you send to us.

It's crucial that you keep your account password private and don't share it with anybody. You must contact us right away if you know or believe that a third party has access to your account or knows your password.

You acknowledge that any behavior that takes place under your account is exclusively your responsibility, both to us and to others.

We reserve the right to disable your user account at any time, including if you have broken any of the rules outlined in these Terms or if activities take place on your account that, in our sole judgment, could harm or impair the Services, infringe on the rights of others, violate any laws or regulations, or both.

Please delete your account if you decide not to use our Services any longer.


 

1. Intellectual property rights

 

We respect your right to intellectual property, and we ask that you do the same. You undertake not to violate any intellectual property rights as a condition of your access to and use of the Services. We reserve the right to prohibit access to and/or terminate accounts of any users who violate or are accused to violate any copyrights or other intellectual property rights at any time, with or without prior warning, and at our sole discretion.

 

2. Creator’s Rights 

 

The Creator retains intellectual property rights of all content in the digital artwork minted on our platform, and content relating to a collection that is not present in the artwork. This includes but is not limited to Copyrights and Trademarks. Transfer of the rights mentioned above is limited to agreements reached between the Creator and Collector. The Creator is the copyrights owner and therefore has the right to recreate, produce by-products of, dispense, and showcase or stage the artwork and collection.

By minting, listing, and selling digital artwork on our platform, the Creator acknowledges and maintains that (a) the Creator will not mint, list, and sell a duplicate of the digital artwork on this platform or any other (b) the Creator grants the Collector and any subsequent Collector the right to sell the NFT in secondary sales (c) the Creator will not receive royalties on secondary sales (d) the digital artwork and collection are original artwork or content that the Creator is licensed to use. Such content includes audio, video, design, imagery, and human likeness.   

3. Collector’s Rights

 

Upon purchasing an NFT the Collector receives a cryptographic token of the Creator’s digital artwork to (a) own and resell on secondary listings (b) display privately and publicly for non-commercial use. The Collector does not, however, have ownership of the digital artwork or intellectual property of the Creator, and is therefore not permitted to benefit from the artwork commercially. Any transfer of ownership of the digital artwork and intellectual property must be agreed upon by the Collector and Creator.

Upon reselling the NFT on secondary sales, all the aforementioned rights will transfer to the new 

Collector. 

 

4. Our Rights

 

The user acknowledges and agrees that our marketplace contains some content that is protected by copyright, trademarks, patent, trade secret, and other proprietary rights and laws. You agree not to create, list, or sell any digital artwork that is based on, or derived from our content, unless we expressly permitted you to do so. Any use of our Platform content unless expressly permitted is prohibited. Additionally, any technology or software that is used in our Platform is owned by us. Any attempts to replicate, adjust, reverse engineer, sell, or access our technology and software is prohibited. Finally, our name and logo are trademark protected and may not be used without our express permission. 



5. Third Party Rights 

 

We are not responsible or liable for any infringement of copyrights or trademarks of third parties or loss and damages caused by the use of such content. We do not screen content for such violations, but we reserve the right, but not the obligation, to remove any such content at our sole discretion.


 

6. User conduct

In addition to the terms set forth in this agreement you must abide by the following

 

  • You must not use our platform for any unlawful purpose. 

  • You must not solicit others to participate in any unlawful acts. 

  • You must not infringe upon or violate intellectual property rights. 

  • You must not harass, abuse, harm, slander, insult, defame, disparage, intimidate, or abuse any party based on gender, ethnicity, religion, race, age, national origin, or disability.

  • You must not use our platform to distribute obscene or immoral content. 

  • You must not make efforts to or use another user’s account without explicit permission to do so.  

  • You must not make efforts to or use a wallet that is not owned by you without explicit permission to do so.  

  • You must not impersonate another user or entity. 

  • You must not submit false or misleading information.

  • You must not spam, phish, pharm, pretext, web crawl, or web scrape.

  • You must not attempt to use our services in any way that could affect the functionality of our services. 

  • If you have been banned from accessing our services, you must not attempt to access them through another address unless you have authorization from us.

  • You must not use our services or data for marketing purposes.

  • You must not create any digital artwork that promotes or encourage self-harm or suicide. 

  • You must not claim usernames for the purpose of name squatting. 

  • You must not use our services for the purpose of money laundering, or funding illegal activities.

 

We reserve the right to ban any content that does not abide by these rules of conduct.

7. Permission you grant us 

 

As part of our agreement, you also give us permissions that we need to provide the Service:

  • Although you give us permission to use your content, we do not claim ownership of it.

  • The go-ahead to use your identity, profile photo, and details about your interactions and behavior with other users, adverts, and sponsored material.

  • You consent to us downloading and installing Service updates on your device.


 

8. Privacy policy 

 

To understand how we collect, store, and share personal data please refer to our Privacy Policy. Note that by agreeing to these terms and conditions you also agree to our privacy policy.

 

 

9. Indemnification

 

You hereby agree to indemnify and hold us and our affiliates harmless from and against any liabilities, damages, losses, or costs that may arise from any third-party allegations, claims, actions, disputes or demands against any of them resulting from or relating you content, your use of our services, or any willful misconduct on your part.

 

10. Severability 

 

All rights and restrictions present in these terms and conditions are binding and shall be enforced to the fullest extent permitted by law. If any provision or portion of any provision is not permitted by law, then the remaining provisions remain in full force.

 

11. Dispute resolution

 

You hereby acknowledge and agree that any disputes that may arise from these terms and conditions shall be resolved via arbitration, and in accordance with the law 

 

12. Contact us

 

If you have any questions, concerns, or complaints regarding these terms and conditions do not hesitate to contact at hello@markearth.io

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