Terms of Service

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These terms and conditions outline the rules and regulations for the use of the MARKLY LLC ("Markly's" or "Markly" or "Markly.com") Website.


Markly LLC is located at:
P.O. Box 452,
Summerland California 93067

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer”, “User”, “Business user”, “Designer”, “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Markly's website if you do not accept all of the terms and conditions stated on this page.

Markly does not provide graphic design services, the designs, name creation or creative work submitted on Markly is not produced by Markly but is produced by the designer or users that sign up on the Markly web site. Markly provides an advertising and marketing marketplace for buyers and sellers of graphic design services via electronic communications networks. Customer or business user or designer users should correspond with clear communication accordingly for best results. Markly customer service is available via email or phone when needed to assist with the use of Markly services.

Cookies

We employ the use of cookies. By using Markly's website you consent to the use of cookies in accordance with Markly’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Apart from designers designs, customers purchased designs and unless otherwise stated, Markly and/or it’s licensors own the intellectual property rights for all material on Markly. All intellectual property rights are reserved. You may view and/or print pages from https://markly.com for your own personal use subject to restrictions set in these terms and conditions.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Designs Submitted

To the best of the designers knowledge you the designer swears that your designs are unique and does not infringe the intellectual property of any other individual or entity. Designer must submit only unique designs. If stock imagery is used this must be cited appropriately so the customer is well informed.

Design Contest and 1-1 DesignerDirect™ Service

Markly provides two types of design/contest services, a Design Contest and 1-1 (DesignerDirect) service where the customer works directly with the designer. Customer also known or referred to as the Business user may create a design contest on Markly. It’s critical that the customer provides an accurate and detailed design brief so the designers and creative artists on Markly understand the requirements of the contests. Markly offers the option to enable the contest to be a “Guaranteed” contest, this motivates designers to participate in contests and typically customers will receive more participants in their contests because the designers and creative artists know the contest cannot be cancelled or refunded and a winning design must be selected. If the customer opts for a Guaranteed contest, absolutely under no circumstances may the contest be refunded or cancelled. Customer is required to select a winning design. If a customer does not select a winning design within 30 days, Markly will keep the customer payment and at the sole discretion of Markly, Markly may equally distribute the Customer Payment to a designer or designers that participated in the final round.

Non-Disclosure Agreement/NDA

If customer pays the extra amount to enable the Non-Disclosure Agreement (“NDA”) add-on, Designer user is not permitted to share details nor distribute nor disseminate any designs designer user submitted (e.g. you cannot use the designs submitted in your portfolio nor on your social media accounts or web sites). Customers order the NDA option to protect their privacy and the privacy of the source of their designs.

Payment and Delivery

Customer user pays Markly and Markly pays the designer user once the customer selects the winning design and clicks the button to release payment.

Refunds

Markly strives to maintain customer happiness and designers spend a lot of time producing designs for customers contests and design services on Markly, Markly will issue refunds as per customer request, however, certain limitations apply:

  1. If a contest is in the final round, no refunds are issued nor service credit issued.
  2. If a contest is guaranteed there are absolutely no refunds permitted nor service credit issued.
  3. There are absolutely no refunds nor service credits after 30 days from date of payment.

If customer is unhappy with the way their contest is going, customer should contact Markly to try and rectify the situation. If customer is still unhappy with the designs being submitted, customer should attempt to cancel contest as soon as possible within 4 days from contest start date. If 4-days passes from contest start date and contest is still open, customer may request service credit, however, no refund is too be issued.

Copyright Ownership Transfer, Assignment and Design Transfer Agreement:

One of the benefits to using Markly is that the customer retains the Copyright ownership to the designs they purchase on Markly. Review of the copyright transfer agreement can be reviewed here. Once both of the following occurs, copyright ownership of the winning design(s) is transferred to the customer or business user: (1) the designer checks and agrees to the copyright transfer ownership agreement in the handover page; and (2) customer or business user releases payment. Markly does not register your created work with any intellectual property office e.g. we will not register your work with copyright.gov or the Library of Congress. Contact Markly customer service and we may be able to recommend a service provider that can help with trademarking or copyrighting your creative work.

Markly Commission and Designer Payout

To pay for the operational costs, support and advertising and marketing for Markly, out of the prize amount, Markly charges a 20% commission for all design contests. For example, if the prize amount is $200, Markly collects $40 and pays $160 to the winning designer. For 1-1 or DesignerDirect projects, Markly charges a 10% commission.

Designer Payouts

Markly sends all payouts via PayPal.

At anytime and without user, customer, designer or business consent Markly has the sole discretion to suspend, cancel, remove or destroy contests, data associated with contests, user accounts or any information on the Markly server or third party servers or servers or service providers to Markly or anywhere accessible to Markly. If Markly detects fraudulent activity, said activity will be reported to the appropriate law enforcement. Markly has a zero tolerance for fraud, accounts will be permanently banned.

Markly provides a useful service to obtain graphic design work and name creation. Markly is not responsible for any loss, injury, claim, liability, or damage related to the designs or name creation submitted on Markly. Designs and names submitted may infringe the intellectual property of others, it is important that you as the customer or business user perform your own due diligence intellectual property search to ensure that your designs and names received on Markly do not infringe any other party. Markly is not responsible for the irreparable damage caused by the use of Markly services.

Markly is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or our mobile application or any site linked to this site or mobile application, whether from errors or omissions in the content of our site or our mobile application or any other linked sites, from the site or mobile application being down or from any other use of the site or mobile application. In short, your use of the site and use of our mobile application is at your own risk.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.