Terms & Conditions

Terms & Conditions

Last updated: December 8 2022

These Terms govern the use of Marvax.app, and any other related Agreement or legal relationship in a legally binding way.

The User must read this document carefully.

Marvax.app is provided by: Etarget SE, – Pribinova 25, 811 09 Bratislava, Slovakia

Marvax.app contact email:marvax@marvax.app

In addition to accepting the Terms & Conditions, you are also agreeing with our Privacy Policy which can be found Privacy policy

Information about Marvax.app

Marvax.app provides access to the Services through an administrative web application for Campaign Manager (the "Web Application" - marvax.app), which is administered and controlled by Marvax.app. To access the Services, Marvax.app will provide the User with a login and password to access the User’s account and related administrative controls ("Account") through the registration form. The User is solely responsible for all permitted activities that take place under his Account. Upon termination of this Agreement for any reason, Marvax.app shall have the right and obligation to deactivate User’s Account and delete all related data. Marvax.app will use commercially reasonable efforts to make the Web Application available to the User 24 hours a day, 7 days a week, subject to any downtime for maintenance, updates and repairs. Notwithstanding the foregoing, User acknowledges and agrees that Marvax.app shall not be liable for User’s inability to use the Services or access the Web Application due to network interruptions, communication failures or server outages.

 

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Marvax.app.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Marvax.app Users confirm to meet the following requirements:

• Users may not qualify as Consumers;
• Users must be recognized as adults by applicable law;
• Users have all rights to the Content used in connection with the use of the Marvax.app.

Account registration

To use the Service, Users must register and provide all required data in a complete and truthful manner.

Users are responsible for the confidentiality and security of their login credentials.

By registering, Users agree to be fully responsible for all activities that take place under their username and password.

Users are required to immediately and unequivocally notify Marvax.app if they believe that their personal information, including but not limited to user accounts, access credentials or personal information, has been breached, unauthorized disclosed or stolen.

Conditions for account registration

Registration of User accounts on Marvax.app is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

• The User’s sole interest is to use the Service for the purpose described on marvax.app and other related documents.
• Accounts registered by bots or any other automated methods are not permitted.
• Unless otherwise specified, each User must register only one account.
• Unless explicitly permitted, a User account may not be shared with other persons.

If any of above conditions are not met, Marvax.app reserves the right to suspend the account until the account meets the requirements.

Account termination

Users can terminate their account and stop using the Service at any time.

Account suspension and deletion

Marvax.app reserves the right to suspend or terminate the User’s account at any time and without notice, at the Marvax.app’s sole discretion, in these cases:

• User has violated these Terms; and/or
• User’s access or use of Marvax.app may cause injury to Marvax.app, other Users or third parties; and/or
• the use of Marvax.app by the User may cause violation of law or regulations; and/or
• in case of an investigation by legal action or governmental involvement; and/or
• The Account or use thereof shall be deemed inappropriate or a violation of these Terms, in Marvax.app’s sole discretion.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts for reasons attributable to the user does not relieve the user of the obligation to pay the applicable fees or prices.

Content on Marvax.app

The content used in the Marvax.app comes, as a rule, from social networks. Such content is publicly sourced and is accompanied by specific code and design owned by Marvax.app

Rights regarding specific code and design on Marvax.app – All rights reserved

Marvax.app holds and reserves all intellectual property rights for used code and design, used in Marvax.app.

Users may not therefore use such code and design in any way that is not necessary or implicit in the proper use of the Service.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

Marvax.app allows Users to upload, share or provide their own content to Marvax.app.

By providing content to Marvax.app, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on marvax.app they grant the Marvax.app a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Marvax.app as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Marvax.app.

Users are solely liable for any content they upload, post, share, or provide through Marvax.app.

Users acknowledge and accept that Marvax.app filters or moderates such content in a preventative manner.

Therefore, the Marvax.app reserves the right to refuse, censor, remove, delete, block or rectify such content at its own discretion and to deny access to Marvax.app to the uploading User without prior notice, if it considers such content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the Marvax.app and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Marvax.app harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Marvax.app.

Access to provided content

Content that Users provide to Marvax.app is made available according to the criteria outlined within this section.

Access to external resources

Through Marvax.app Users may have access to external resources provided by third parties. Users acknowledge and accept that the Marvax.app has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Marvax.app are held by the Marvax.app and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Marvax.app merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Marvax.app and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Marvax.app’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on Marvax.app, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Marvax.app.

To purchase Products, the User must register or log into Marvax.app.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of Marvax.app and are subject to change without notice.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on Marvax.app are displayed excluding any applicable fees, taxes and costs;

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Marvax.app.

Payment via credit card is independently provided by third-party services. In such case Marvax.app collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Marvax.app.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on Marvax.app or as communicated before the order submission.

Trial service

Users have the option to test Marvax.app or selected Products during a limited and non-renewable trial period or time, needed to use selected trial amount of Product, at no cost. Some features or functions of Marvax.app may not be available to Users during the trial period.
Further conditions applicable to the trial will be specified on Marvax.app.

The trial shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.

Displaying of advertising banners Marvax.app

The subject of the Service is a Marvax banner, which is then made available to Users to display on the Internet, or the Marvax plus service, which enables the display of a Marvax banner on the Internet (see the Marvax.app user account for further specification of the Product).

The service is charged at a price usually per thousand ad banner impressions (the so-called CPM). The number of impressions, which is decisive for determining the final price, is the number of impressions that is measured by Marvax.app

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract anytime, for any reason and without justification.

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Marvax.app and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Marvax.app (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Marvax.app has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Marvax.app shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In any event of liability, the compensation may not exceed the total payments that have been received by the Marvax.app from the User over a period of 12 months.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Marvax.app’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Marvax.app is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Marvax.app expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from Marvax.app or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Marvax.app, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or 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 content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Marvax.app does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Marvax.app shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Marvax.app cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Marvax.app, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Marvax.app’s 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 the Service;
• 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
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Marvax.app, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Marvax.app hereunder in the preceding 12 months.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Marvax.app and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Marvax.app’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Marvax.app reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Marvax.app may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Marvax.app will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Marvax.app’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Privacy policy.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Marvax.app are the exclusive property of the Marvax.app or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Marvax.app are, and remain, the exclusive property of the Marvax.app or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Marvax.app reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Marvax.app will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Marvax.app.

Any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.

If required by applicable law, the Marvax.app will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Marvax.app reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Marvax.app.

Contacts

All communications relating to the use of Marvax.app must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Marvax.app with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Authoritative version of these Terms

These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the English version shall always prevail.

Governing law

These Terms are governed by the law of the place where the Marvax.app is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Marvax.app is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either Marvax.app or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• the User’s grant of licenses under these Terms shall survive indefinitely;
• the User’s indemnification obligations shall survive for a period of five years from the date of termination;
• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Marvax.app who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Marvax.app or the Service, Users are kindly asked to contact the Marvax.app at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Marvax.appnex’s email address specified in this document.

The Marvax.app will process the complaint without undue delay and within 21 days of receiving it.

Definitions and legal references

Marvax.app (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Marvax.app and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Product

A good or service available for purchase through Marvax.app, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Service

The service provided by Marvax.app as described in these Terms and on marvax.app.

Terms

All provisions applicable to the use of Marvax.app and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User

Indicates any natural person or legal entity using Marvax.app.