Marteu is a global collaboration platform to help connect manufacturers and buyers. Our mission is to provide an online platform through which manufacturers and buyers are enabled to directly connect for the purchase and sale of containerized goods, implement mutual checks and balances with the purchase order process, and to more effectively allocate liability and responsibility between the parties.
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MARTEUS SERVICES. These Terms and Conditions (“Terms”, “Terms and Conditions”) of Marteu Inc., a Delaware corporation, and/or its subsidiary and affiliated entities (collectively,“Marteu”,“us”,“we”, or“our”), govern your access to and use of the Marteu services, including the various mobile applications, websites, online platform and digital community, SMS, APIs, email notifications, applications, buttons, widgets, features, ads, and commerce services, that are operated by Marteu and link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services, you agree to be bound by these Terms.
As used in these Terms, the purchaser of any Services and Products (as defined below) will be referred to, as the context requires, as the Buyer.
As used in these Terms, the party that manufactures and products the Products will be referred to, as the context requires, as the Manufacturer.
Your access to and use of the Services and purchase of all the Products is conditioned upon your acceptance of and compliance with these Terms. You agree that you are not a person barred from receiving or otherwise using the Services and purchasing the Products under the laws of the applicable jurisdiction. These Terms apply to all visitors, users and others who wish to access or use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, as a material inducement for us to provide the Services, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
Think of these Terms and Conditions as rules for your interaction with the Services and purchase of Products.
Other terms may apply to your use of a specific portion of the Services or purchase of any Products. If there is a conflict between these Terms and Conditions and terms posted for a specific portion of the Services or for any Products, the latter terms apply to your use of that portion of the Services or Products, as the case may be.
By using the Services, you acknowledge that you have read these Terms and agree to be legally bound by these Terms. You also acknowledge that these Terms are supported by reasonable and valuable consideration, which includes your use and enjoyment of the Services, the Content uploaded or shared by us and other users, and our review, use, or display of any Content you share with us.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THE SERVICES.
If you have any questions about these Terms and Conditions, please contact us.
By creating an account with us to use the Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all of these communications from us by following the unsubscribe link or instructions provided in any email we send.
The Services will include available Manufacturer-provided listings, descriptions, and images of goods (including, without limitation, tiles and ceramics from each such Manufacturer) and related services (collectively, “Products”). Such Products will be made available directly from the applicable Manufacturer. For the avoidance of doubt, you understand and agree that Marteu is not a manufacturer, direct seller or reseller of any Products. You further understand and agree that we make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Services) relating to the Products. Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display and describe the attributes of Products, including the applicable size, weight and colors. However, we cannot guarantee that our display or description of any Product attributes will accurately reflect actual Product attributes, including the applicable size, weight and colors. Displays and description of sizes, weights, colors, measures, and similar descriptions and attributes are approximate and are for convenience only.
OUR SERVICES PLATFORM FACILITATES THE DIRECT SALE OF PRODUCTS THAT ARE GENERALLY INTENDED FOR INSTALLATION INTO NEW AND EXISTING STRUCTURES BETWEEN BUYERS AND MANUFACTURERS OR FOR A BUYER’S OWN DISPLAY AND RESALE TO ITS CUSTOMERS (WHETHER RETAIL OR COMMERCIAL). YOU UNDERSTAND THAT MARTEU IS NOT THE SELLER OF ANY PRODUCTS. CERTAIN PRODUCTS MAY BE LABELED WITH CAUTIONARY STATEMENTS (WARNINGS) THAT MAY APPLY TO YOUR USE OF THE PRODUCT. ALWAYS READ LABELS, WARNINGS, DIRECTIONS, AND OTHER INFORMATION PROVIDED WITH THE PRODUCT BEFORE USING THE PRODUCT.
Marteu is not responsible for, and cannot guarantee the Products or performance of, goods and services provided by third-parties, including Marteu and its affiliates (and its and their subsidiaries, suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents), our advertisers, or other third-parties to whose sites we link. While our goal is to provide accurate information, you understand that Product packaging and material may contain more and/or different information than that included as part of the Services, including the Product description, country of origin, and other information. Always read labels, warnings, directions, and other information provided with the Product before using the Product. For additional information about a Product, please contact the Manufacturer.
As a condition for using the Services, in your capacity as a Buyer you understand and agree as follows:
You do not conduct any outside direct business transactions with any Manufacturer you identify and connect with through Marteu’s Services (where each instance of any such transaction is referred to as a “Direct Placement”).
Marteu will monitor all transactions occurring by and through parties using the Services, including all purchase order transactions between Buyers and Manufacturers to ensure no Direct Placement is taking place.
You have three (3) business days from the date of delivery of a Product to inspect a shipment and submit a potential complaint to the Manufacturer, where consistent with industry practices, it is anticipated that complaints, if any, will generally be focused on determining whether the Product is broken or of poor quality (by way of example only, fragile or easily broken, cracked or including flakes or specs where the intention is a solid color), missing or of insufficient quantity as set forth in the terms of the Product order, or quantity varies generally by more than three percent (3%) of ordered quantity.
In the event you fail to make a timely objection to any such Product within the aforesaid three (3) business day period, you waive any further objection or right of rescission, together with waiving any right to a refund, with regard to such Product and understand and agree that payment will automatically be dispersed to the Manufacturer from the escrow account.
In the event of a timely objection to any Product, and following an investigation (whether by Marteu or one of its third-party investigators) that concludes the Products are defective or otherwise do not meet the specifications set forth in a purchase order, you will receive a refund in accordance with the applicable Manufacturer and/or Marteu’s refund criteria, less any associated escrow and shipping and handling fees.
With regard to any refunds that are issued to you, you are solely responsible (at your cost and expense) for the disposal of any such not defective or otherwise unusable Product.
Marteu reserves the right to change or otherwise modify the Product inspection period at any time and from time to time.
With respect to cancelling an order for Product, if you cancel an order after the order after the Manufacturer has commenced its process to create and manufacture the Products, you may receive at most a partial refund. In order to compensate the manufacturer for any raw materials used and time invested.
With respect to any order for Product that is cancelled before the order reaches a status of ‘in production,’ you will receive a refund of the purchase price, less any fixed costs associated with each order, including the escrow fee.
Orders for Products shall not be cancelled once they have reached a status of shipped, where you will be responsible for receiving any such order at your designated delivery location.
Following a Manufacturer’s acceptance of an order, you cannot change or otherwise amend the contents of any such order.
Without obtaining any further consent or approval from you, during order Product process and fulfilment stages, you understand that Marteu reserves the right, in its sole discretion, to cause to be dispersed any amounts from the escrow account for each Product to account and pay for insurance, shipping, and any other costs and expenses associated with the management and care of the shipment of a Product.
As a condition for using the Services, in your capacity as a Manufacturer you understand and agree as follows:
You will not conduct any Direct Placement with a Buyer.
Marteu will monitor all transactions occurring by and through parties using the Services, including all purchase order transactions between Manufacturers and Buyers to ensure no Direct Placement is taking place.
Subject to the general criteria set forth above in the Buyer-Specific Terms for complaints and defective or insufficient Products, Buyer will have three (3) business days to inspect shipment and submit a complaint to you.
Marteu reserves the right to cause a refund to be delivered to Buyers if your delivery does not meet the criteria set forth in the Buyer’s order (which includes, but is not limited to, delivering well-packed (unbroken) and correct Product per the specifications set forth in the order).
In the event a delivered order does not meet the criteria set forth in the Buyer’s order, you understand and agree that you may only receive partial compensation or no compensation at all.
With respect to the determination of whether to issue a refund, you agree that Marteu will be the sole arbiter on whether and to what extent to issue a refund, where factors to be considered in making this determination may include reviewing any and all evidence and images provided by you, the Buyer, and any quality control teams that are potentially involved in order.
In the event a refund is issued to the Buyer, you understand that the Buyer will dispose of any incorrect or broken Product and materials and that such portion of the Product shall not be returned to you.
Without limiting any of the foregoing, in the event a refund is issued to a Buyer, Marteu reserves the right (at Marteu’s election) to potentially cause to be deducted from payment on your next order (regardless whether this is the same or a new Buyer) or charge you directly for any liabilities incurred by the Buyer that was issued by the refund and resulting from the disposal of any such unusable Products.
Marteu reserves the right to modify product prices equally for all manufacturers in order to compensate for shipping and insurance costs associated with different buyer locations.
Selling on Marteu does not legally exempt you from any preexisting exclusivity contracts, and other contracts, that you are currently engaged in. Therefore, you acknowledge and agree that it is your sole legal obligation and responsibility to honor any such agreements when selling any Products through the Marteu Services.
You are solely responsible for ensuring that your Products, your description and depiction of said Products on the Marteu platform, together with the sale and delivery of all such Products complies at all times with all applicable laws, rules and regulations.
The Products you display on your profile within the platform must reflect the actual products and designs that you are currently offering.
Entering an order to purchase products; Waiver of Liability and Indemnification
By completing an order to purchase Products, and in consideration for Marteu allowing you to use the Services and purchase Products, you thereby acknowledge, appreciate, understand, and agree to the following Assumption of Risk, Waiver of Liability and Indemnification Agreement (this “Agreement”):
WAIVER OF LIABILITY FOR NEGLIGENCE OF MARTEU. BY PURCHASING THE PRODUCTS OR ANY SERVICES, AND IN CONSIDERATION FOR MARTEU ALLOWING YOU TO USE THE SERVICES, YOU, ON BEHALF OF YOURSELF AND YOUR COMPANY, SUCCESSORS AND ASSIGNS (HEREAFTER REFERRED TO AS THE “RELEASING PARTIES”) DO THEREBY VOLUNTARILY WAIVE, FOREVER RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE AND AGREE TO HOLD HARMLESS MARTEU (INCLUDING ITS AFFILIATES, FRANCHISEES, PARTNERS AND OWNERS, DIRECTORS, BOARD MEMBERS, OFFICERS, SHAREHOLDERS, EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, AGENTS, SERVICE AND PRODUCT SUPPLIERS (HEREAFTER REFERRED TO AS THE “PROTECTED PARTIES”) FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, AND ACTIONS OF EVERY NAME AND NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND WHETHER OR NOT CONCEALED OR HIDDEN, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM THE NEGLIGENCE, ACTS OR INACTIONS OF THE PROTECTED PARTIES, GROSS NEGLIGENCE CLAIMS, LIBEL CLAIMS, DECEPTIVE TRADE PRACTICE CLAIMS, CONTRACT CLAIMS, VIOLATION OF PRIVACY RIGHTS CLAIMS, , LOSS OF/DAMAGE TO PROPERTY, DEATH OR BODILY INJURY, PERSONAL INJURY CLAIMS, PRINCIPAL-AGENT LIABILITY CLAIMS,, WARRANTY CLAIMS, PUNITIVE DAMAGES CLAIMS, EXEMPLARY DAMAGES CLAIMS AND ANY OTHER FORM OF COMPENSATORY CLAIMS OF ANY NATURE WHATSOEVER, WHETHER BASED ON A TORT, CONTRACT, OR OTHER THEORY OF RECOVERY, WHETHER SAME BE KNOWN AND REALIZED OR UNKNOWN AND NOT REALIZED, THAT ANY OF THE RELEASING PARTIES (INCLUDING WITHOUT LIMITATION, YOU) MAY NOW HAVE, HAVE HAD, OR EVER WILL HAVE; FOR INJURY OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICES OR PURCHASE OR PRODUCTS INVOLVED WITH SAME. THIS RELEASE IS INTENDED BY YOU (ON BEHALF OF YOURSELF AND THE OTHER RELEASING PARTIES) TO BE AS BROAD IN ITS EFFECT AS ALLOWED BY LAW.
BY PURCHASING THE PRODUCTS OR ANY SERVICES, AND IN CONSIDERATION FOR MARTEU ALLOWING YOU TO USE THE SERVICES, , YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT APPLIES TO ALL ACTIVITIES FROM THE DAMAGE TO, LOSS OF, OR THEFT OF PROPERTY.
Indemnification. By purchasing the Products or using the Services, and in consideration for Marteu allowing you to use the Services, you agree to hold harmless, defend, and indemnify each of the Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties or others acting on behalf of the participant or yourself, arising from participation in the Activities (including without limitation those arising from the inherent risks of the Activity or the negligence of Protected Parties).
Representations, Warranties, Covenants, Acknowledgements and Agreements. By using the Services and/or purchasing the Products, and in consideration for Marteu allowing you to use the Services, you thereby confirm, acknowledge, understand, represent, warrant, covenant, agree and certify that: (a) this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Delaware that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect; (b) you have previously acquired or procured sufficient insurance coverage on your behalf and your company to cover, or you otherwise agree to individually bear and pay on your behalf, any and all costs incurred as a result of property damage and loss resulting from use of the Services or purchase of a Product; (c) you are over the age of 18 and you are authorized to execute this Agreement pursuant to applicable law; (d) you have carefully read every word of this Agreement, and that you understand and agree to all of the terms, conditions, waivers, and certifications made herein; (e) you will promptly inform Marteu of any changes and/or updates to the information set forth or required in this Agreement with respect to you; (f) prior to executing this Agreement, you have had an opportunity to ask any and all questions you may have; (g) you understand that you have the right to review this Agreement with an Attorney of your choosing prior to signing, if you wish; (h) no contradictory oral representations, statements, or inducements have been made or relied on by you, and that this Agreement reflects the entirety of the representations made to you and relied on by you in determining acceptance of this Agreement and to be legally bound to this Agreement; (i) this Agreement supersedes any and all previous oral or written promises or agreements and cannot be modified or changed in any way by representations or statements by any agent or employee of Marteu; (j) if legal action is brought against Marteu Inc., a Delaware corporation, and/or its subsidiary and affiliated entities, either the appropriate state court serving New Castle County, Delaware, or the United States District Court for the District of Delaware has the sole and exclusive jurisdiction and that only the substantive laws of the State of Delaware shall apply; and (k) prior to pursuing legal action, you will engage in good faith efforts to mediate any dispute that might arise and that should the issue not be resolved by mediation, you agree that all disputes, controversies, or claims arising out of participation and use of the Services shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.
Acknowledgment of Electronic Transmissions and Signatures. By using the Services and/or purchasing the Products, and in consideration for Marteu allowing you to use the Services, you thereby acknowledge and agree to contracting and transacting electronically and that this Agreement may be executed via electronic signatures (whether digital or encrypted) and/or electronic transmission and such shall be deemed original signatures for purposes of this Agreement and all matters related hereto, with such electronic transmission and electronic signatures (whether digital or encrypted) having the same legal effect as original signatures. By using the Services and/or purchasing the Products, and in consideration for Marteu allowing you to use the Services, you thereby acknowledge and agree that this Agreement, and any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature (whether digital or encrypted) in accordance with any and all applicable laws. By using the Services and/or purchasing the Products, and in consideration for Marteu allowing you to use the Services, you thereby acknowledge and agree that any document accepted, executed or agreed to by you in conformity with such laws will be binding on you as if it were physically executed.
Acknowledgment of Understanding. By using the Services and/or purchasing the Products, and in consideration for Marteu allowing you to use the Services, you thereby acknowledge and agree that you have read and understand this Agreement. By using the Services and/or purchasing the Products, and in consideration for Marteu allowing you to use the Services, you thereby acknowledge and agree that you understand that you are giving up substantial rights, including your rights to sue for damages. By using the Services and/or purchasing the Products, and in consideration for Marteu allowing you to use the Services, you thereby acknowledge and agree you acknowledge that you are voluntarily signing this Agreement, and intend your use of the Services and/or purchasing the Products, and/or your electronic signature to this Agreement be a complete release of all liability, including that due to inherent risks or negligence by the Protected Parties, to the greatest extent allowed by the laws of the states signified above.
BY USING THE SERVICES AND/OR PURCHASING THE PRODUCTS, AND IN CONSIDERATION OF MARTEU ALLOWING YOU TO USE THE SERVICES, , YOU UNDERSTAND THAT YOU ARE ENTERING INTO AND LEGALLY BOUND BY THIS AGREEMENT AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE MARTEU AND THE OTHER PROTECTED PARTIES.
BY USING THE SERVICES AND/OR PURCHASING THE PRODUCTS, AND IN CONSIDERATION OF MARTEU ALLOWING YOU TO USE THE SERVICES, , YOU THEREBY CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT YOU HAVE AFFIXED YOUR ELECTRONIC SIGNATURE (WHETHER DIGITAL OR ENCRYPTED) TO THIS AGREEMENT INTENDING TO BE LEGALLY BOUND TO THIS AGREEMENT, AND THAT YOU AGREE TO ALL THE REPRESENTATIONS, WARRANTIES, COVENANTS, AGREEMENTS TERMS AND CONDITIONS SET FORTH HEREIN.
If you wish to purchase any Product made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: Product availability, errors in the description or price of the Product, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Shipping and Delivery
Marteu will coordinate with third-party carriers the shipping and delivery of Products from Manufacturers to Buyers. To be clear, Marteu assumes no responsibility or liability for any issues that arise from, or relate to, the third-party shipping carrier’s delivery of any such Products while under its possession and control, such responsibility and liability being solely that of the shipping carrier.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and acceptable to Marteu’s shipping policies and restrictions. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Availability, Errors and Inaccuracies
Manufacturers are constantly updating Product offerings on the Services. We may experience delays in updating information on the Services and in our advertising on other web sites. The Content and/or information found on the Services are for educational and informational purposes and may contain errors or inaccuracies and may not be complete or current. Products may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Services.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Marteu makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Content and/or information found on the Services.
MARTEU ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AND/OR INFORMATION FOUND ON THE SERVICES.
Contests, Sweepstakes and Promotions
The Services allow you to view, post, link, store, share and otherwise make available certain Content. You are solely responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of, control, or assume any responsibility, or liability for any Content you or others submit, post, or share on or through the Services and/or any communications posted via the Services, regardless whether any such Content posted by a Buyer or Manufacturer. You acknowledge and agree that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Any use or reliance on any Content posted via the Services or obtained by you through the Services is at your own risk. You acknowledge and agree that we have no liability to you for any Content found on or through the Services that you find to be offensive, indecent, or objectionable.
By posting Content on or through the Services, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Services. However, by posting Content using the Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.
Marteu has the right but not the obligation to monitor and edit all Content provided by users, including Buyers and Manufacturers. All Content is the sole responsibility of the party who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot and do not take responsibility for such Content.
In addition, Content found on or through the Services are the property of Marteu, or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
By participating and interacting with the Services, posting a message, or sending us your thoughts, you are telling us that we can use or publish your screen name or repeat and use your message and/or Content. We can use such information in any way we want, anywhere, even in an advertisement.
To take use and take advantage of the Services, you may be required to create an account with us. As part of creating an account with us, you will be able to create a profile with an associated screen name based on information and preferences you provide us. When you create an account with us, you acknowledge and agree that:
the information you provide us is accurate, complete, and current at all times (Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services).
With respect to any such account, you agree:
not to use your real name, or the real name of any one related to you in selecting your screen name to register and create an account with us;
that you will only register and create an account with us with a true, valid email address for responsible person(s) from your business (whether you are a Buyer or a Manufacturer), or an individual if registering in an individual capacity;
to let us know of any changes to such email address;
not to use anyone else’s screen name or email address to access any of the Services;
to safeguard your screen name, password, and any email address you provide, and to take responsibility for all activity on the account you create;
to notify us immediately if you find out that someone else is using your screen name, email address, or account without your permission;
there may be available certain optional and paid Services or upgrades and, when utilizing any paid service or upgrade, you agree to pay Marteu the applicable monthly or annual fees and taxes, understanding that your purchase may be subject to foreign exchange fees or differences in prices based on location;
payments will be charged on a pre-pay basis on the day you begin utilizing the paid portion of any Services or upgrade and will cover the use of those Services or upgrades for a monthly or annual subscription period as indicated. These fees are not refundable. Failure to pay these fees shall result in immediate termination of your paid Services;
unless you notify Marteu before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (and applicable taxes) using any payment mechanism we have on record for you.
We do not and cannot guarantee that any information you provide will not be intercepted by a third-party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and we are not responsible for any resulting loss or damage.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your mobile device, tablet, computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.
You may not reverse engineer, disassemble, or decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through the Services (including, without limitation, data packets transmitted to and from the Services), or analyze, decipher, “sniff”, derive code or materials from any packet stream to or from the Services, or attempt any of the foregoing. You expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act.
Further, in using the Services, you may not:
violate these Terms and Conditions, infringe upon our rights or the rights of others (including, without limitation, intellectual property rights, rights of privacy such as unauthorized disclosure of a person's name or email or physical address or phone number, and rights of publicity), or violate any laws;
conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
post, email, message, or otherwise make available through the Services, any Content that:
incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason;
is illegal or violates any laws, including laws related to adult activities and Content, child pornography, criminal activities, gambling, and drugs;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music or videos or computer programs, or links to such materials;
engage in commercial activities or sales, such as contests, sweepstakes, barter, advertising, or the buying or selling of “virtual” items, without our prior written permission;
disguise the origin of any message, communication, or transmittal you send to us through the Services;
use any robot, spider, scraper, or other automated or manual means to access Services, or copy any Content or information on the Services;
attempt to gain unauthorized access to any portion of the Services or any related networks or systems by hacking, password “mining”, or any other illegitimate means;
probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
modify or reroute or attempt to reroute the Services;
link to the Services from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
utilize framing, squeeze back, overlay or other techniques to enclose or display the Services or any Content on the Services, with any other software or Content of a third- party;
take any action that places a disproportionately large load on the Services or any related networks or systems.
We reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we believe is violating these Terms, including without limitation, removing any Content and/or materials, suspending or terminating the account of such violators, or suspending or terminating the right to use the Services.
The Services and Products may contain:
references to names, marks, data, Content, products, or services of third-parties;
links to third-party websites;
descriptions of services and products provided by third-parties.
If you choose to deal with third-parties, you agree that you have a direct relationship with them and are solely responsible for any such dealings. If you have concerns with any third-party website, please address them with the administrator of that website.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Services on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org.
The Services and the Content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Marteu, and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Marteu.
Links To Other Web Sites
The Services may contain links to third-party web sites or services that are not owned or controlled by Marteu.
Marteu has no control over, and assumes no responsibility for the Content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Marteu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination; Modified Rankings
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. In addition to the foregoing and without limitation thereof, Manufacturers understand and agree that their inability to deliver Product to a Buyer consistent with the terms and conditions of a Buyer’s order may also result in lower quality rankings and search result rankings for the Manufacturer within the Services platform.
If you wish to terminate your account, you may simply discontinue using the Services.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Marteu, and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Services, by you or any person using your account and password; (ii) a breach of these Terms by you or any person using your account and password, or (iii) Content posted on the Services by you or any person using your account and password.
Limitation Of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, MARTEU AND ITS AFFILIATES (AND ITS AND THEIR SUBSIDIARIES, SUPPLIERS, VENDORS, CONTRACTORS, AND LICENSORS; AND ITS AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MARTEU OR ITS AFFILIATES (OR ITS OR THEIR SUBSIDIARIES, SUPPLIERS, VENDORS, CONTRACTORS, OR LICENSORS; OR ITS OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS)) HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NONE OF MARTEU OR ITS AFFILIATES (OR ITS OR THEIR SUBSIDIARIES, SUPPLIERS, VENDORS, CONTRACTORS, OR LICENSORS; OR ITS OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS) WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE SUM OF FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00).
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NONE OF MARTEU OR ITS AFFILIATES (OR ITS OR THEIR SUBSIDIARIES, SUPPLIERS, VENDORS, CONTRACTORS, OR LICENSORS; OR ITS OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS) WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Services and supersede and replace any prior agreements we might have had between us regarding the Services.
Changes and Updates to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Services after any revisions become effective, you agree to be bound by these Terms, as these Terms are revised, amended and/or modified from time to time. If you do not agree these Terms, as these Terms are revised, amended and/or modified from time to time, you are no longer authorized to use the Services.
Unsolicited Ideas and Feedback
Neither we nor our employees accept or consider unsolicited ideas, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names. The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to ideas that you submitted to us.
If you choose to send us your ideas anyway, through the Services or otherwise, you agree that:
your ideas automatically become our property, without any compensation to you;
we can commercialize these ideas and use them for any purpose and in any way;
and we can give and transfer these ideas to others.
You also represent and warrant that such ideas are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above.
Electronic Notices and Communications
By visiting and/or using the Services or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that:
we may communicate with you electronically by email, or as appropriate, by posting general notices on the Services;
all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing;
any notices are deemed to be given and received on the date we transmit any electronic communication as described above.
If you have any questions about these Terms, please contact us.
These Terms and Conditions are effective as of, and were last updated and posted on, 12 february, 2021.