Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS (“T&C”) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE T&C. IF YOU DO NOT ACCEPT THESE T&C, THEN DO NOT USE THE SITE.

www.MarkeCreativeMerchandise.com and website(s) hosted and managed by Marke (“Site”) is/are owned by Marke Creative Merchandise Limited (“Marke”), a subsidiary of Staples, Inc, and is currently provided free of charge to users who agree to abide by these T&C. Marke reserves the right to change the nature of this relationship at any time, and to revise these T&C from time to time as Marke sees fit. Users who violate these T&C will have their access cancelled and they may permanently be banned from using the Site. Users should check these T&C periodically. By using the Site after we post changes to these T&C, you agree to accept those changes, whether or not you actually reviewed them.

USERS/PARTICIPANTS

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.

COOKIES

“Cookies” are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a Web site. Marke uses cookies to enhance your shopping experience with us. To learn more about how the Site uses Cookies, please review our Cookie Policy.

COPYRIGHTS, TRADEMARKS & RESTRICTIONS

The material included herein, including site design, text, graphics and the selection and arrangement thereof are copyrighted © by Marke. ALL RIGHTS RESERVED. Marke ™ and other trademarks and all page headers, custom graphics and custom icons are service marks and trademarks of Marke. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials”) are the property of Marke and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Marke and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any Materials from the Site (or any other website owned or operated by Marke or its subsidiaries or affiliates) without Marke’s prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with Marke or applying for credit. Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution or republication of Materials without Marke’s prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of Marke or third parties.

LINKS

Marke is not responsible for the content of any unaffiliated websites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from Marke, and Marke has no control over the content of that other website. In addition, a link to any other website does not imply that Marke endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Marke of that third party or of any product or service provided by a third party.

 PRIVACY ISSUES

Marke is concerned about privacy matters for its customers. To learn more about how we protect customer information, please review our Privacy Policy.

PRODUCT AND SERVICES INFORMATION

Product availability and some prices offered on the Site may vary based on your location. Prices shown on the Site apply to products and services on the Site. Price and availability are subject to change without notice.

We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and colour of the products.

The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.

CONDUCT OF USERS

You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or that Marke considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus,” “trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while you are using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

INDEMNITY

By using the Site, you agree to indemnify the Marke Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to your breach or alleged breach of these T&C (including, without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defence of any claim. Marke reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

DISCLAIMER, LIMITATION OF LIABILITY

The Site is provided by Marke on an “as is” and “as available” basis. Marke makes no representations or warranties of any kind, express or implied, as to (1) the operation of the site, (2) the quality, accuracy, completeness or validity of any materials on the Site, or the information, content, materials or products included on the Site, or (3) whether the functions contained on the Site will be uninterrupted or error free, or that defects will be corrected, including but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose. Marke is not responsible for printing or typographical errors. You expressly agree that your use of the Site is at your sole risk.

This Site may also contain facts, views, opinions, statements and recommendations of third-party individuals and organizations. None of the Marke Parties represents or endorses the accuracy, timeliness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site. You acknowledge that any reliance on any such opinion, advice, statement or information will be at your sole risk.

None of the Marke Parties is responsible or liable for any special, incidental, consequential, punitive or other indirect damages that result from the use of, or the inability to use, the Site or the information contained on the Site, even if that party has been advised of the possibility of such damages.

Certain local laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

TYPOGRAPHICAL ERRORS

While we make every effort to provide accurate information, inaccuracies or errors may occur, including price information and product specifications. In the unlikely event that there is a typographical error, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you about the cancellation. Marke reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

TERMINATION

Make may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including, without limitation, breach of these T&C. In the event these T&C are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in these T&C will survive termination. In the event that you are unsatisfied with the services provided by Marke, your sole remedy is to terminate your use of the Site.

 COMMENTS, COMPLAINTS AND QUESTIONS

We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Marke, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these T&C, please visit the contact us page.