THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MARVELCHARM STATING THE TERMS THAT GOVERN YOUR USE OF MARVELCHARM’S SERVICE.
By using the MarvelCharm website (“Site”) or other MarvelCharm services, you (the “User”) agree to be bound by the following terms and conditions and all MarvelCharm policies, including those available by hyperlink (collectively, the
“Terms of Service Agreement”). MarvelCharm reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your
If you do not accept the terms of the User Agreement, do not click “agree” and do not access or use this Site.
MarvelCharm provides an online marketplace for glamour digital media featuring photographs and videos. MarvelCharm provides services that enable Users to locate, buy and easily download Content (“Products”), under certain terms and
conditions as set forth in this Agreement.
1. Definition of the MarvelCharm Service. The MarvelCharm website service, http://www.marvelcharm.com (the “Service”) permits you to purchase downloads of digital content, such as photos and videos (“Products”), under certain terms and
conditions as set forth in this Agreement.
2. Age requirements for use of the Service. This Service is available for individuals aged 18 years or older.
3. Objectionable Material. You agree to use the Service at your sole risk and that MarvelCharm shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
4. System Requirements. Use of the Service requires Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware,
software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be
changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
5. Terms of Sale. Your use of the Service and purchases made through it are subject to MarvelCharm ’s Terms of Sale as outlined here:
a) Sales to End Users Only – MarvelCharm sells Products to end user customers only.
b) Refund Policy – All Sales are Final. Due to the nature of digital downloads, all sales are final. Before you click purchase on the final confirmation page, make sure that what you’re about to order is correct. We have a NO REFUND
We do everything we can to make sure our photos and videos are in perfect order, but in the rare occasion that you download a defective file, please contact us and our customer service representatives will contact you within 24-48 hours
to resolve the issue.
Any billing errors will be taken care of immediately. Please contact us if you have any billing questions or issues.
c) Payment Methods – MarvelCharm accepts credit cards as forms of payment. If a credit card company is being used for a purchase, MarvelCharm may obtain a pre-approval from the credit card for an amount up to the amount of the order.
Billing to your credit card occurs at the time of purchase or shortly thereafter. MarvelCharm accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
d) Content Usage Rules – Your use of any Products purchased from MarvelCharm is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
e) Changes – MarvelCharm reserves the right to change the terms and conditions of sale at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.
f) Governing Law – All sales on MarvelCharm are governed by NC law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered purchases pass to the purchaser in NC upon
electronic transmission to the recipient.
7. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further
agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. MarvelCharm may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or
incomplete. You agree that MarvelCharm may store and use the Registration Data you provide (including credit card account information) for use in maintaining your accounts and billing fees to your credit card account.
8. User Account and Security.
a) Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your
Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify MarvelCharm of any unauthorized use of your
Account or any other breach of security. MarvelCharm shall not be responsible for any losses arising out of the unauthorized use of your Account.
b) Security. You agree to comply with Usage Rules, as outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer,
decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by MarvelCharm for compliance purposes, and MarvelCharm
reserves the right to enforce the Usage Rules with or without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or
9. Purchase of MarvelCharm Content
a) Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products, and that such hardware and software is your responsibility. Once a Product is purchased and you receive the
Product, it is your responsibility not to lose, destroy, or damage the Product, and MarvelCharm shall be without liability to you in the event of any loss, destruction, or damage.
b) Usage Rules. You agree to use purchased Products in compliance with such Usage Rules:
Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement. You shall be authorized to use the Products only for personal, noncommercial use. You shall be entitled to export, download or copy
Products solely for personal, noncommercial use. Any downloading or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright
owners in any photo or video content embodied in any Product. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or
used to administer the Usage Rules. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
c) You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The
Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. MarvelCharm reserves the right to modify the Usage Rules at any
d) You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of MarvelCharm. Accordingly, in the event that MarvelCharm changes any part of the Service or
discontinues the Service, which MarvelCharm may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that MarvelCharm shall have no
liability to you in such case.
e) The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and
the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other
party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further
agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant MarvelCharm a worldwide, royalty-free, non-exclusive license to
use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you. MarvelCharm reserves the right not to post or publish any materials, and to delete, remove or edit any material, at
any time in its sole discretion without notice or liability. MarvelCharm has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any
reported or apparent violation of this Agreement, and to take any action that MarvelCharm in its sole discretion deems appropriate, including, without limitation, under Section 14 below or under our Copyright Policy.
10. Territory. The Service is currently available worldwide, but you are responsible for ensuring that the use of the Service is legal within your own local territory.
11. Agreement to Pay.
a) Payment for Products. You agree to pay for all Products you purchase through the Service, and that MarvelCharm may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees,
as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MARVELCHARM WITH VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be
billed to the credit card you designate during the registration or purchase process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card account
information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until MarvelCharm can verify the validity of the new credit card account information.)
b) Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c) Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT
TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF
CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d) In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
12. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement
of such Product, or refund of the purchase price paid for such Product, as determined by MarvelCharm.
13. Intellectual Property.
a) Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, photos, videos, and editorial content, contains proprietary information and material that is owned by MarvelCharm and/or its licensors,
and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in
compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any
manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b) Removal of MarvelCharm Content or Other Materials. Notwithstanding any other provision of this Agreement, MarvelCharm and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other
materials comprising a part of the Service at any time without notice. In no event will MarvelCharm be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. MarvelCharm may also
impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c) Copyrights. All copyrights in and to the Service, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources, and software, are owned by MarvelCharm and/or its licensors. THE
USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES,
INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d) Trademarks. MarvelCharm, the MarvelCharm logo and other MarvelCharm trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of MarvelCharm in the U.S. and/or other
countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and
any use of such trademarks.
a) Termination by MarvelCharm. If you fail, or MarvelCharm suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide MarvelCharm with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third
parties’ rights, MarvelCharm, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of
termination; and/or (ii) preclude access to the Service (or any part thereof).
b) Termination of the Service. MarvelCharm reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and MarvelCharm will not be liable to you or to any
third party should it exercise such rights.
15. General Compliance with Laws. The Service is controlled and operated by MarvelCharm from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations
that apply to your use of the Service.
16. Enforcement of These Terms. MarvelCharm reserves the right to takes steps MarvelCharm believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to
MarvelCharm’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
You agree that MarvelCharm has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as MarvelCharm believes is
reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MarvelCharm’s right to cooperate with any legal process relating to your use of the Service and/or
Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
17. No Responsibility for Third-Party Materials or Websites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, MarvelCharm may provide links to certain third party
websites. You acknowledge and agree that MarvelCharm is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. MarvelCharm does not warrant or endorse and does not assume and
will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree
that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that MarvelCharm is not in any way responsible for any such use by you.
18. Disclaimer of Warranties; Liability Limitations.
a) MARVELCHARM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MARVELCHARM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL
THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b) YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY MARVELCHARM) PROVIDED “AS
IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c) IN NO CASE SHALL MARVELCHARM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY
OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MARVELCHARM’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d) MARVELCHARM SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MARVELCHARM HEREBY
DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e) MARVELCHARM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MARVELCHARM DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL
BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM MARVELCHARM THAT ARE STORED IN YOUR SYSTEM.
19. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD MARVELCHARM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR
BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY MARVELCHARM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT
HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM MARVELCHARM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY
INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MARVELCHARM’S CONCLUSION THAT A VIOLATION OF THIS
AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
20. Changes. MarvelCharm reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the
Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into
this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
21. Notices. MarvelCharm may send you a notice with respect to the Service by sending an email message to the email address listed in your MarvelCharm Account contact information or by a posting on the MarvelCharm website. Notices shall
become effective immediately.
22. Miscellaneous. These Terms of Service constitute the entire agreement between you and MarvelCharm and govern your use of the Service, superseding any prior agreements between you and MarvelCharm. You also may be subject to additional
terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MarvelCharm’s failure to enforce any right or provisions in these
Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will
remain in full force and effect. MarvelCharm will not be responsible for failures to fulfill any obligations due to causes beyond its control.