Use of Our Service

Marquee provides a creative community and marketplace where Users can buy and sell design items, such as fonts, brushes, patterns, and other digital assets (“Assets”) and socialize around the content (e.g. make comments). Our Service allows for a buyer (“Buyer”) to purchase limited licenses (in accordance with the applicable license agreement) to use Assets from shops opened on Marquee by independent creators (“Shop Owners”). References to “buying” or “purchasing” Assets means buying or purchasing limited licenses to those Assets.

Acceptable Use. You may use the Service only if you can form a binding contract with Marquee, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 years of age is strictly prohibited and in violation of these Terms.

You agree not to post User Content that is pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material. If these Terms are violated, we reserve all rights to remove your account. The Service will not be available to any Users removed from the Service by Marquee.

User Content. Some areas of the Service allow Users to post content outside of Assets for sale, such as profile information, screenshots, comments, images, files, and other content or information. Any such material a User submits, posts, displays, or otherwise makes available on the Service is “User Content”. User Content includes, without limitation, logos, trademarks and service marks, trade names, and other information posted by users, which may be used by Marquee for marketing and promotional purposes pursuant to the User Content license grant below. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Marquee has no liability for your interactions with other Users, or for any User’s action or inaction.

User Content License Grant

To Marquee. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Marquee a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Marquee business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

To Other Users. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Service and under these Terms.

Resolution Process for Transactions. All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. Our Service hosts the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the product listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used. Should you file a chargeback or dispute on a purchase you have made on Marquee, we reserve the right to close your account without notice (in compliance with applicable laws and rules).

Our Proprietary Rights. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to Marquee, other Users, and other licensors to Marquee (the “Marquee Content”), and all Intellectual Property Rights related thereto, as between you and Marquee, are the exclusive property of Marquee and its licensors (including that of other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Marquee Content. Use of the Marquee Content for any purpose not expressly permitted by these Terms is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Marquee under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Marquee does not waive any rights to use similar or related ideas previously known to Marquee, or developed by its employees, or obtained from sources other than you.

Payout and Earnings. Marquee shall send requested payouts according to published timeframes, and in the payment method you selected. Available payout methods are subject to change. Payout request may only be made if the total amount due to you totals a minimum of $20. Marquee reserves the right to withhold payment of chargeback to your account any amounts otherwise due to any breach of these terms by you, pending Marquee’s investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the service. If you dispute any payment you must notify Marquee in writing within 30 days of such payment. We may withhold any taxes or other amounts from payments due to you as required by law. To protect against the risk of liability, we may request that our payment service provider hold shop owner funds based on certain factors, including, but not limited to, selling history, seller performance, the riskiness of the listing category, or the filing of a dispute claim.

Marquee pays affiliate’s a referral fee, provided you remain an active affiliate in compliance with these terms, as of the payment date, equal to 10% of the price actually paid by a qualified customer, excluding any refunds and /or taxes, for a single first-time sale that is not an excluded sale of any Marquee products to qualified customers that occur within 7 days from the day they clicked the affiliate’s referral link. Excluded sales means the following: a sale to a qualified customer that has used a different browser, computer, or email address to register as a Marquee user other than what was used to follow an affiliate’s link. A qualified customer clears their cookies after following a generated by the Affiliate. Unless otherwise agreed by the parties in writing, Marquee shall send payouts when they total at least $20.

Fees and Paid Services

Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the posted pricing and payment terms as we may update them from time to time. Marquee may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.

Account Cancellation. You may cancel your account at any time; however, should you cancel your account, you will not be granted a refund upon cancellation. In the event that Marquee suspends or terminates your account or these Terms for any reason, you understand and agree that you shall receive no refund or exchange for any Marquee Property, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Refund Policy. You agree that all refunds are at the sole discretion of Marquee. Marquee has no obligation to refund amounts paid to license digital Assets, including but not limited to if Marquee finds that the Asset has been downloaded by the User. You agree to Marquee’s full Refund & Exchange Policy, which we may modify from time to time at our sole discretion.

In the event Marquee makes an exception and issues a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant product files from any and all places you have distributed the files to and all computers you have downloaded them to, including but not limited to any cloud storage accounts which you have synced with your Marquee account.

You also understand and agree that once a refund is requested, you are not permitted to exploit the product files (Assets) in question, and immediately upon receipt of a refund, all licenses to such product files and underlying content are revoked, and you are not authorized to use the product in any form or for any purpose whatsoever.

Payment Information and Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Privacy. We care about the privacy of our Users. Click here to view our Privacy Policy. You understand that by using the Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed in the United States.

Consent and Collection and Use of Data

Consents. You consent to the collection, use, processing, and storage of your personal information as described in the Privacy Policy. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws, related to personal information provided to us in connection with your use of the Service.

Third Party Services. Please be aware that (among other things) third parties (such as social media platforms or other company websites that we link to online or from our web sites and applications) are responsible for their own privacy practices. Be sure to read the privacy policies, supplemental notices, and settings of all websites or platforms that you visit so you can understand their privacy practices and your options.

Sensitive Personal Information. You agree to only provide tax and payment information in the specific areas of our website provided to collect that information. You agree not to provide any other Sensitive Personal Information. You acknowledge that any data storage functionality of the Service is not intended for the storage of medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, “Sensitive Personal Information”). You agree to only upload or otherwise submit any Sensitive Personal Information to us in connection with the Service if required for billing, payment, or taxes. You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.

Third-Party Links. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Marquee. Marquee does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such sites. You expressly relieve Marquee from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of Assets, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Marquee shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Indemnity. You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify and hold harmless Marquee and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (individually and collectively, “Our Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) suffered or incurred by Our Parties by reason of any claim, suit or proceeding (“Claim”) arising out of or in connection with: Your use of and access to the Service, including any data or content transmitted or received by you. Your violation of any term of these Terms or any Policies (defined below), including without limitation your breach of any of the representations and warranties above. Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights. Your violation of any applicable law, rule or regulation. Any claim or damages that arise as a result of any of your User Content or any that is submitted via your account. Any other party’s access and use of the Service with your unique username, password or other appropriate security code.

The violation of any third-party right of a product you purchase on the site. If we request that you defend a Claim, You will not agree to any settlement without our prior written consent, and we will have the right to participate, at our own expense, in the defense of any Claim with counsel of our own choosing. “Policies” mean collectively License Terms, Privacy Policy and all other terms incorporated into these Terms by reference.

Disclaimer of Warranties. The Service is provided on an “as is” and “as available: basis. You acknowledge that you use the service at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Marquee, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time of location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service. Marquee does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Marquee service or any hyperlinked website or service, and Marquee will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Disclaimer of Damages. To the maximum extent allowed by applicable law and notwithstanding any failure of essential purpose of any limited remedy or limitation of liability, in no event will our parties be liable hereunder for special, indirect, consequential, or any other damages of like kind whatsoever (however caused and regardless of the theory of liability, whether derived from contract, tort including without limitation negligence or otherwise, including without limitation loss of profits, loss of revenue, loss of use, loss of data, business interruption, cost of procurement of substitute goods or services or other cover, or any other similar commercial or economic loss of any kind, even if advised of the possibility thereof, nor will any of our parties be liable for any damages whatsoever resulting from a force majeure or an act of a third party. to the maximum extent permitted by applicable law, Marquee assumes no liability or responsibility for any of the following:

Errors, mistakes, typographical errors, or inaccuracies of content.

Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service.

Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Any interruption or cessation of transmission to or from the service.

Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party.

Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or user content or the defamatory, offensive, or illegal conduct of any third party.

Limitation of Liability. The total cumulative collective liability of our parties for all for all costs, losses or damages from all claims, actions or suits however caused or arising from or in relation to the service will not exceed the greater of one hundred dollars ($100) or all amounts paid or due from you, if any, for access to or use of the service giving rise to the claim during the six (6) months immediately preceding the claim (no matter when payments were actually made). The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and is not intended to, nor does it, require the relinquishment of any non-waivable right afforded to you by law.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. this agreement gives you specific legal rights, and you may also have other rights which vary from state to state. the disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

The Service is controlled and operated from its facilities in the United States. Marquee makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations, and all laws related to protection and transfer of data and personal identifiable information. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

Arbitration. Please read this section carefully; it affects your rights. For any claim, dispute, or controversy between you and us that arises out of, is related to or in connection with these Terms (individually a “Claim” and collectively “Claims”), you agree to first contact the Support Team to attempt to resolve the Claim informally. We hope we can resolve any Claim with you. In the unlikely event that you and Marquee have not been able to resolve the Claim within sixty (60) days after you contact us, then you and we each agree to resolve the Claim by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except for any and all Claims related to injunctive or other equitable relief and/or any dispute relating to the enforcement or validity of your, your licensors’, our, or our licensors’ Intellectual Property Rights:

The extent that arbitration clauses are prohibited by applicable law in jurisdictions outside of the United States.

You may file a Claim in small claims court if the Claim meets the requirements to be heard in small claims court.

You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitration will be conducted in Cook County, Illinois, unless you and we expressly agree otherwise. If your Claim is for U.S. $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim is for more than U.S. $10,000, the right to a hearing, payment of filing fees and the AAA’s and arbitrator’s fees and expenses will be governed by the AAA rules. If we commence an arbitration, we will pay for all filing, AAA, and arbitrator’s fees and expenses. In any arbitration, the prevailing party will not seek to recover attorney’s fees or expenses unless the arbitrator finds the Claim to be frivolous or for an improper purpose. The award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the filing party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless Marquee agrees otherwise, the arbitrator may not consolidate more than one person’s claim. You agree that, by entering into this agreement, You and Marquee are each waiving the right to a trial by jury or to participate in a class action. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any provision of the Governing Law and Jurisdiction section is found to be illegal or unenforceable, that provision will be severed but the rest of the section still applies.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website“) infringe your copyright, you may request removal of those materials (or access to them) from the Website by emailing us at [email protected]. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the notice (the “DMCA Notice“) must include substantially the following:

Your electronic signature.

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Relationship. The parties’ relationship to each other under these Terms is strictly that of independent contractors and nothing in these Terms will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture or other relationship. Each party will be responsible for covering their respective costs and expenses in performing their duties under these Terms, unless expressly provided otherwise herein.

Communications

Confidentiality. By using the Service you agree you may acquire certain proprietary and confidential information (collectively, “Confidential Information”). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep such information confidential. This provision includes any materials exchanged in arbitration, except to the extent necessary to enforce an arbitral award.

Entire Agreement. These Terms (including, without limitation, the Policies and License) contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and any third party software license agreement or service level agreement that contain a link to the Service, the terms and conditions of these Terms will control, except: the Privacy Policy will control to the extent that it expressly overrides these Terms.

Changes or Updates to these Terms. We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately unless we indicate a different effective date when we post them.

Contact. Please visit our Help Center with any questions regarding the website, or contact us at [email protected] with any questions regarding the Terms, Service, account, or billing matters.