MARLOWE TERMS OF USE

Last Updated April 14, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE MARLOWE WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

These terms and conditions apply to the website located at www.marlowe.com (the “Website”), which is currently operated by Marlowe Corporation (“Marlowe” or “we” or “us” or “our”).  By using our Website, you hereby agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, all as may be amended from time to time (the “Terms of Use” or “Agreement”).

If you do not agree with the Terms of Use then do not access or use the Website.   The Website, including all its content and features, for example, clothing designs, information, text, photos, images, graphics, artwork, so-called ‘look and feel’, audio and video clips, data, or any other content or features, including our newsletter (collectively the “Content”) is offered subject to your acceptance the Terms of Use.  Any new Content added to the Website shall also be subject to the Terms of Use.  You can review the most current version of these Terms of Use at any time on this webpage. We reserve the right to change these Terms of Use by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes to this Agreement. You hereby acknowledge and agree that your continued use of or access to the Website following any changes constitutes your acceptance of those changes to this Agreement.

SECTION 1 - BASIC TERMS

a)     These Terms of Use apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or content contributors.

b)    By agreeing to these Terms of Use, you represent that you are at least the legal age of majority in your state, province or territory of residence.

c)     You may not use the Website or any Content for any illegal or unauthorized purpose, or to violate any laws in your jurisdiction (including but not limited to intellectual property laws).

d)    You must not transmit any harmful components through or to this Website, including worms or viruses or any code of a destructive nature.

e)     Any breach or violation of any of these Terms of Use will result in an immediate automatic termination of this Agreement.

f)     We reserve the right to refuse service, or withdraw access to the Website or the Content, to anyone for any reason (or for no reason) at any time, at our sole discretion.

g)    You understand that any information you submit to us may be transferred unencrypted and involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

h)    The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

SECTION 2 – OWNERSHIP AND PERMITTED USE

The Website and Content and all intellectual property rights therein are owned by Marlowe or its affiliates, or others who have permitted us to display materials owned by them. MARLOWE and MARLOWE & Design are trademarks of Marlowe Corporation.

You may view the Content and print or save one copy of any portion of the Content for personal, non-commercial, private use provided that you do not modify the Website, the Content, or any copyright or other proprietary notices on any Content. Notwithstanding the foregoing, you may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any part of the Website or the Content.  Without limiting the generality of the foregoing, you may not copy from this Website using automated means, or engage in activities such as "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by, or displayed on the Website. 

The Content is protected by law, including, but not limited to, Canadian copyright law and international treaties, trademarks laws and/or laws that protect other proprietary rights. Except for the limited rights granted above, all other rights are reserved, and nothing in this Agreement grants you any right, title, interest in, or licence to any intellectual property of Marlowe or any third party.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The Content, including our newsletter, is for information and entertainment purposes only, and should not be relied upon as accurate, timely or fit for any particular purpose. Any Content (including without limitation any pricing, promotion or product information) is provided ‘as is’ and for the purpose of general information only, is not an offer open for acceptance by you, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on this Website is at your own risk. We reserve the right to modify any Content at any time, but undertake no obligation to do so. You agree that it is your responsibility to monitor any changes to the Content or the Website, and to verify any Content for accuracy.

SECTION 4 - MODIFICATIONS TO THE WEBSITE

Information on our Website is subject to change without notice. We reserve the right at any time to modify the Website (or any part thereof) without notice. We shall not be liable to you or to any third-party for any modification, price, promotion or product change, suspension or discontinuance of the Website.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

We do not warrant that the quality of any Content on the Website, or any products or services obtained by you pursuant to Content on the Website, will meet your expectations.

We reserve the right to limit the availability of any Content to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis, at our sole discretion. All Content is subject to change at anytime without notice, at our sole discretion, and we reserve the right to discontinue offering any Content at any time.

SECTION 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that access to such tools is provided ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement by us. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

SECTION 7 - THIRD-PARTY LINKS

The Website may include links to websites offered by third parties. These links are provided for your convenience only, and you access such links at your own risk and by accessing them you leave our Website and these Terms of Use no longer govern. We do not endorse or guarantee any content, information or materials contained on any third party’s website that is linked to from our Website. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you hereby grants Marlowe and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the Comments throughout the world. We are and shall be under no obligation to (1) maintain any Comments in confidence or treat them as confidential or proprietary; (2) pay compensation for any Comments; or (3) respond to any Comments. You hereby agree that (a) you do not require that any personally identifying information be used in connection with any Comments, or any derivative works thereof, or upgrades or updates thereto; (b) you do not oppose to the publication, use, modification, deletion and exploitation of the Comments by us or our agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any Comments; and (d) you release Marlowe from any claims that you could otherwise assert against Marlowe by virtue of any moral rights. Marlowe takes no responsibility and assumes no liability for any Comments posted, stored or uploaded by you or any third party, or for any loss or damage thereto. We reserve the right to use the Comments as we deem appropriate, including, without limitation, deleting, editing, modifying, or rejecting them.

We may, but have no obligation to, monitor, edit or remove any Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms of Use.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Website (or any related website). You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 9 – PRIVACY POLICY & PERSONAL INFORMATION

You hereby acknowledge and agree that your submission of any personal information through the Website is governed by our Privacy Policy. To view Marlowe’s Privacy Policy, please visit the webpage available at www.marlowe.com/privacy. For any information you submit to us, you agree to provide current, complete and accurate purchase and account information to us. You agree to promptly update any information, including your email address, so that we may contact you as needed.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using this Website or any Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, any Content, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape, or frame this Website or any related website, other websites, any Content, or the Internet; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of this Website or any related website, other websites, any Content or the Internet; or (l) for any purpose or in any manner that may be harmful to Marlowe’s interests, in our sole discretion and for any reason (or for no reason). We reserve the right to terminate your access to and use of this Website or any Content for any violation of this section.

SECTION 11 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

You expressly agree that your use of, or inability to use, the Website and all Content (including our newsletter) is at your sole risk.  This Website and all Content (including our newsletter) are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent or warrant that our offering of this Website will be uninterrupted, timely, secure or error-free. We do not warrant that any Content will be accurate or reliable.

You agree that from time to time we may remove the Website or any Content from availability for indefinite periods of time, or withdraw or cease to offer the Website or any Content at any time, without notice or liability to you.

In no case shall Marlowe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of this Website or any Content, or for any other claim related in any way to your use of the Website or any Content, including but not limited to any errors or omissions in any on the Website or in any Content, or any loss or damage of any kind incurred as a result of the use of the Website or any Content posted, transmitted, or otherwise made available via the Website.

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Marlowe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of or connected to your access to or use of this Website or any Content, or your Comments, or your breach of these Terms of Use. This section shall survive any termination of this Agreement and remain in full force and effect.

SECTION 13 – SEVERABILITY

If any provision of this Agreement is held to be unenforceable, then the parties agree to substitute for any invalid or unenforceable provision(s) a provision of similar intent and scope to the maximum extent permitted by law, with the other provisions remaining in full force and effect.

SECTION 14 – TERM & TERMINATION

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Website, or by ceasing to use the Website.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may terminate this Agreement at any time without notice or compensation to you, and may deny you access to our Website or the Content (or any part thereof).

SECTION 15 – WAIVER

Any failure by us to exercise or enforce any right, privilege or provision of these Terms of Use shall not constitute a waiver of such right, privilege or provision.

SECTION 16 – ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted by us on this site or in connection with the access to or use of the Website constitute the entire agreement and understanding between you and us and govern your use of the Website, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Use).

SECTION 17 - GOVERNING LAW

This Agreement and your access to and use of our Website and any Content are governed by, and to be construed and enforced in accordance with, the applicable laws of the Province of Ontario and the Federal Laws of Canada without regard to conflict of laws principles. Any cause of action brought to enforce this Agreement, or in connection with any matters related to our Website or any Content, shall be brought only before the Ontario Superior Court of Justice, sitting in Toronto, Canada, and you hereby irrevocably consent and attorn to the exclusive jurisdiction of that Court. Your access to and use of our Website may also be subject to other local, national, or international laws. To the maximum extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with the Website, any Content, or this Agreement, will be resolved individually and privately, without resort to any form of class action.

SECTION 18 - QUESTIONS

Questions about the Website or any Content or these Terms of Use should be sent to us at marlowemail@marlowe.com.