User Agreement
User Agreement
Welcome to our store (the "Shop"), which is accessible via the Marvelous Art Group website located at www.marvelousartgroup.com (the “website”). These terms of use (the "User Agreement") govern the relationship between you as a user of the Shop ("User", "you", and "your", as the context requires) and Marvelous Art Group LLC, 16192 Coastal Highway, Lewes, Delaware, USA (“Marvelous Art Group”, “we”, “us”, and “our” as the context requires). Users of the Marvelous Art Group include all independent third-party Artists ("Artists") as well as their respective customers and potential customers ("Buyers").
If you are an Artist, you acknowledge and agree that uploading, publishing, posting or otherwise generating graphics, images, art, artwork, works, photographs, illustrations, listings, information, text, data, video, sound, music or any other material on the Marvelous Art Group (“Content”) comes with important legal responsibilities. It is your responsibility to make sure you are not violating anyone’s rights or breaking any laws by using the Marvelous Art Group, including by publishing your Content, offering Artworks for sale that display your Content (“Artworks”) and otherwise using or accessing the hosting and facilitation services that Marvelous Art Group provides in connection with the Marvelous Art Group (the “Marvelous Art Group Services”). The Marvelous Art Group Services include, but are not limited to, the facilitation of the following: customer service interactions between Artists and Buyers, payment processing by third parties, Artists’ marketing and promotional activities on the Marvelous Art Group and offsite, and the distribution and manufacturing of Artists’ Artworks by third parties. If a Buyer decides to place an order for a Artist’s Product, then based on the Buyer’s instructions, the Marvelous Art Group will forward the order information to independent third-party fulfillers (“Fulfillers”) who will manufacture and ship the Product in the form specified by Marvelous Art Group and their Buyer.
All Users should be aware that Marvelous Art Group does not prescreen all the Content or Artworks that Artists upload to, or otherwise generated on, the Marvelous Art Group Website. While Marvelous Art Group does not permit unlawful Content or Artworks on the Marvelous Art Group, Marvelous Art Group cannot guarantee that each Artist complies with this User Agreement or the law at all times. Artists are responsible for their Content and for possessing the applicable rights to the Artworks they offer, and they are in the best position to respond to inquiries regarding their Content and their Artworks. Also, if you are just browsing others’ artwork and Product offerings, please respect the intellectual property rights of others and don’t steal their art or anyone else’s. All Users should respect each other and respect the art you find here, and if you do so, you will help make this community a creative, inspiring and enjoyable place.
You agree to be bound by the terms of this User Agreement whenever you use the Marvelous Art Group, register an account on the Marvelous Art Group, log into the Marvelous Art Group or place an order on the Marvelous Art Group Website, so it is important that you carefully read and agree to all the terms in this User Agreement. If you do not agree with the terms of this User Agreement, or any of our other policies including, but not limited to, our IP/Publicity Rights Policy, our Community and Content Guidelines, and our Privacy Policy (all of which are incorporated by reference in this User Agreement), you may not use the Shop or any of the Marvelous Art Group Services.
IN PARTICULAR, PLEASE CAREFULLY READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER BELOW THAT APPLIES TO ALL USERS, AS IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND Marvelous Art Group.
Procedure for Making Claims of Intellectual Property Infringement
Marvelous Art Group respects the intellectual property rights of others, and we require that all Users do the same. If you believe that Content on the Shop has been used in a way that constitutes an infringement or violation of your rights, and you are the rights holder or the rights holder’s legal representative, please immediately notify us by sending a Notice and Takedown Request. For all other intellectual property-related correspondence, you can reach us at: info.marvelousart@gmail.com. More information on intellectual property matters can be found in our IP/Publicity Rights Policy.
Reporting Inappropriate Content
Since publication is completely automated, Marvelous Art Group does not prescreen any of the Content published to our Shop or the Products offered for sale by Sellers. The responsibility for Content and Products lies solely with the respective Artist, and Marvelous Art Group cannot guarantee that Artists will not display “Inappropriate Content.” Inappropriate Content includes, but is not limited to, Content that infringes the copyright, trademark or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, objectionable or otherwise in violation of the law, this User Agreement, our IP/Publicity Rights Policy, or our Community and Content Guidelines. Marvelous Art Group reserves the right to remove or restrict access to any User’s Content or Products in its sole discretion.
Please help us by letting us know straight away about any inappropriate Content you see on the Shop. You can do this by clicking the "Contact Us" link displayed on each page. If you believe your intellectual property rights, including copyright and trademark, or other rights are being infringed, you can submit a Notice and Takedown Request. More information on intellectual property matters can be found in our IP/Publicity Rights Policy.
Intellectual Property Rights and License
By uploading your Content for the Shop, you hereby grant Marvelous Art Group and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to distribute, host, transmit, store, use, reproduce, and publicly display, in any media formats and through any media channels, the Content you publish to the Shop in connection with Marvelous Art Group’s or its affiliates’ businesses, promotion of the Shop, redistributing all or part of the Shop, and the provision of the Marvelous Art Group Services including, but not limited to, the facilitation of your activities and the activities of third parties that are required or contemplated by the functionality of the Shop or this User Agreement, including, but not limited to, the third-party manufacturing, promotion, marketing, advertising, and distribution of your products and viewing and access by Users. The above licenses terminate within a commercially reasonable time after you request to remove or delete your Content from the Shop. The above licenses granted by you in any comments you publicly post on the Shop are perpetual and irrevocable.
Unless otherwise provided for in this User Agreement or in a separate agreement with a licensor as described under Terms for Artists, you retain any intellectual property rights you possess in your Content.
All intellectual property rights, title and interest in the Shop (including the software and systems underlying the Shop, the Marvelous Art Group Website, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to Marvelous Art Group, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. Other than for the purposes of, and subject to the conditions prescribed under relevant intellectual property law throughout the world, and except as expressly authorized by this User Agreement, you may not in any form or by any means: use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Shop; or commercialize any information, services obtained from any part of the Shop without Marvelous Art Group's prior written permission. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the website and you will not remove, obscure, or alter Marvelous Art Group's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the website.
If you use any of our trademarks or other intellectual property in reference to our activities, products or services, you must include a statement attributing that trademark to us. You may not use any of our trademarks in whole or as part of your trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services.
Linked Websites
The Website may contain links to other websites owned or operated by third parties (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites. Any links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of such Linked Websites, or of any information, graphics, materials, products or services referred to or contained on such Linked Websites, unless and to the extent stipulated to the contrary.
Compliance with Export Control and Trade and Economic Sanctions Laws
Marvelous Art Group complies with all applicable export control and trade and economic sanctions laws and regulations, including the U.S. Export Administration Regulations, 15 CFR Parts 730-799, and the economic sanctions regulations administered by the U.S. Treasury Department's Office of Foreign Assets Controls, 15 CFR Parts 500-599. You agree that you will not use the Marvelous Art Group Services in any manner that would reasonably give rise to Marvelous Art Group being in violation of any applicable sanctions, export laws, or regulations. You agree that you will not use the Marvelous Art Group Services in any comprehensively sanctioned destination (including Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) and you are not included on or covered by any applicable list of sanctioned persons, including the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons and the U.S. Commerce Department’s List of Denied Persons and/or Entity List. You further agree that you are not and will not use the Marvelous Art Group Services for the benefit of or on behalf of any sanctioned person or person in a comprehensively sanctioned country, or in any manner contrary to applicable export and sanctions laws and regulations. For further information on these restrictions, see http://www.bis.doc.gov/ and http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx.
Terminating and Restricting Accounts
Access to the Shop and any Content including, but not limited to, account usernames and Product listing pages, may be limited or terminated at any time by us without notice for any reason in our sole discretion. Terms and conditions that by their nature would reasonably be expected to survive termination shall survive termination and remain in full force and effect notwithstanding full or partial termination of this User Agreement including, but not limited to, your indemnities, your grant of rights and licenses, our disclaimers and limitations of liability, your representations and warranties, and any applicable licensor terms and conditions. Content associated with disabled accounts may not be available for public view and associated Products will not be discoverable, viewable or available for sale to Buyers, and Users agree that Marvelous Art Group is not responsible for any loss that you or others may directly or indirectly suffer in connection with the disabling of your or others’ accounts.
Permanently blocked Users may not use the Marvelous Art Group Services through another existing or newly registered account. You may terminate your account at any time by informing us by using "Contact Us" link. Content that was uploaded by a deleted account prior to blocking or deletion may no longer be publicly displayed on our Shop. Content that is not publicly displayed and products that are related to such Content cannot be found by users and are not for sale.
Disclaimers and Limitation of Liability
As a User, you must ensure that your access to the Website and your use of the Website and the Marvelous Art Group Services is not prohibited by law. It is your responsibility to ensure that the process that you employ for accessing the Shop or the Marvelous Art Group Services does not expose you to risk of viruses, malicious computer code or other forms of interference that may damage your computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website, the Marvelous Art Group Services, or any Linked Website. You acknowledge that Marvelous Art Group may not be able to confirm the identity of other Users or prevent them acting in a manner that may violate the law.
The Website and the Marvelous Art Group Services are provided on an ‘as is’ basis. We do not represent or guarantee that the Website, the Marvelous Art Group Services, or any Linked Website will be free from errors or viruses. We do not represent or guarantee that access to the Website or the Marvelous Art Group Services will be uninterrupted.
You acknowledge that the Website and Services may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the internet or infrastructure failures.
We do not make any warranties or representations regarding any Content uploaded to the Shop including, but not limited to, that it will be protected against loss, theft, misuse or alteration by third parties. We do not warrant that Content will be available on the Shop, or that Content will be available in whole or in part on a certain time frame. Marvelous Art Group does not accept any liability to you or any third parties for any losses arising directly or indirectly from a failure to provide the Marvelous Art Group Services, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Marvelous Art Group Services, or any transmissions or Content of others in contravention of this User Agreement.
We have no responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of the Website or the Marvelous Art Group Services including, but not limited to, publishing your Content, purchasing products from Sellers or otherwise using the Website, the Marvelous Art Group Services, or any Linked Website, nor do we have any responsibility for any such loss arising out of your use of or reliance on any Content or other information contained on or accessed through the Website or the Marvelous Art Group Services.
WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THIS USER AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE Website OR THE Marvelous Art Group SERVICES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Marvelous Art Group AND FULFILLERS SHALL NOT BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER SUFFERED BY YOU ARISING FROM THIS USER AGREEMENT, OR OTHERWISE BASED UPON OR RESULTING FROM THE SHOP, THE WEBSITE OR THE Marvelous Art Group SERVICES.
Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but our liability will be limited for a breach of that condition or warranty to one or more of the following, which may be offered as a gesture of goodwill: the facilitation of the repair or replacement of the goods or their equivalent, the supplying of the Marvelous Art Group Services again, or the payment of the cost of having the Marvelous Art Group Services supplied again.
This disclaimer set out in this User Agreement does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
PLEASE CAREFULLY READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER BELOW THAT APPLIES TO ALL USERS, AS IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND MARVELOUS ART GROUP.
Terms for Buyers
The terms in this Section are without limitation to terms in other sections of this User Agreement that apply to Buyers, both Buyers and Artists, and all Users of the Shop.
Purchasing a Product on the Shop
Buyers can purchase products on the Shop by using a valid credit card or a third-party payment processor. You do not have to be a User to purchase a product. The retail price you pay is determined by Marvelous Art Group and is fixed at the time of ordering. An additional service fee may be collected by us at checkout that helps cover the costs of running the Marketplace to connect Artists, Buyers, and Fulfillers.
Buyers may not cancel an order once it has been submitted. It is your responsibility as the Marvelous Art Group's customer to ensure your Product delivery address is correct. Marvelous Art Group and any other third parties take no responsibility for any Product you do not receive – or receive late – in connection with the delivery address you provide to the Shop including, but not limited to, errors in the address you provide.
We do not warrant, endorse, make representations about or recommend any Content, artwork, images, or text hosted on the Shop or Products offered for sale on the Shop by us. Marvelous Art Group’s Content may parody, reference or otherwise be inspired by popular brands or public individuals but may not be endorsed or licensed by any brand or individual, and Marvelous Art Group makes no representations or warranties regarding endorsement, affiliation or licensing status. Artists are responsible for the Content they upload and the Products produced with their artworks, including the securing of any necessary third-party rights or licenses.
Delivery
Delivery of Products will be facilitated pursuant to your instructions by postal or courier service and will be paid for by you at the amount that is indicated at the time of purchase. Shipping charges will be applied to the order, which will vary depending upon multiple factors, like location and the size and price of the product.
Damaged Products and Returns
If a Product is delivered to you, but it is damaged in some way, the applicable third parties who participated in the Product order will be notified, so that they may issue a Product replacement. As a condition to receiving any remedy for a damaged Product, you may be required to submit reasonable proof of such damage in the form of a photo of the damaged Product or the return of the damaged Product itself to the sender. If there are any applicable fees, you will bear any cost of returning such Product. If you receive a damaged Product, then you must email customer service within fourteen (14) days of receipt to report the nature of the damage and to request a new product to be sent to you at no cost to you. In addition to the damaged goods policy described above, other remedies may be available for Buyers who wish to return Products.
Please be aware that Content on the Website is created by the Artist's. As such, the Content of the Products are the Artist's responsibility. Before you order a Product from the applicable Artist, you, as the Customer, are responsible for verifying it is the Product you want including, but not limited to, the quality of the Content, the image printed on the Product, misspelled words, grammatical errors, formatting, overall design and appearance, licensing status, source or origin of goods, affiliation, or overall appearance. If you require further information to verify the Product is what you want, you may contact us directly using "Contact Us" form, which can be found on the Website's navigation panel, or through some other means provided by the Artist, such as their social media pages.
Terms for Sellers
The terms in this Section are without limitation to terms in other sections of this User Agreement that apply to Artists, both Artists and Buyers, and all Users of the Shop.
As an Artist, you wish to use the Marvelous Art Group Services to facilitate your marketing and sale of your Products and to facilitate the manufacture of your physical Products by third-party Fulfillers once an order has been made through the Shop, and the subsequent third-party delivery of your Products to our Customer. Marvelous Art Group will provide the Marvelous Art Group Services on the terms set out in this User Agreement.
Most importantly, to ensure this online destination for creativity is available for all, it is essential that all Users respect the intellectual property rights of others, including copyrights, trademark rights and publicity rights. Artists may only upload their original creations and only offer products for sale that display their original creations. If you are uploading or using something that you didn’t create yourself, then you must have permission from the applicable rights holder who owns that content. Respecting the intellectual property rights and other rights of everyone is an essential principle of the Shop.
Also, displaying your art on the Shop puts it out there for the world to see. You need to be aware that publishing your Content in this way comes with important legal responsibilities. It is your responsibility to make sure you are not violating anyone’s rights or breaking any laws by using our Services, including by publishing your Content, offering your Artworks/Products for sale and otherwise using or accessing the Marvelous Art Group Services.
Sale of your Products
The retail price charged to Buyers who purchase your Product is made up of the manufacturing fee charged by the third-party manufacturer, Marvelous Art Group's fee for hosting the Website/Shop and facilitating the transaction (the manufacturing fee and Marvelous Art Group's fee are referred to collectively, and inclusive of tax, as the “Base Amount”), your creator commission (“your Commission”), and any relevant sales tax (such as sales tax, GST, VAT, etc.) that Marvelous Art Group and/or you (as the case may be) are liable to account for to the appropriate tax authorities. The total amount may be affected by Shop discounts and shipping charges that are added to the retail price. The Product price on the Shop for each of the Product that has your Artwork is used to calculate the currency value of your commission for each sale.
The Base Amount may change at any time with or without notice, which may affect the dollar value of your commission. The retail price will not change on an individual sale after a Buyer has submitted an order to the Shop.
You agree that Marvelous Art Group makes no representation that it will be able to facilitate an order for your Products, whether at the retail price or at all, nor that you will obtain any benefit by entering into this User Agreement.
All Products purchased from the Shop are manufactured by third-party Fulfillers in accordance with your design instructions and pursuant to arrangements with the third-party Fulfillers. This means that title and risk of loss for such items pass from you to the Buyer without passing through Marvelous Art Group prior to the goods being delivered to the Buyer under the Buyer’s instructions.
Payment Terms
You authorize Marvelous Art Group to collect, hold and distribute the retail price (“Sale Proceeds”) from Buyers on the terms set out in this Payment Terms section. A shipping charge will also be charged to the Customer for the shipping of the Product, which will not affect the amount to be distributed to you.
You authorize Marvelous Art Group to deduct the Base Amount (which includes Marvelous Art Group's fee for facilitation services, including tax where applicable) from the Sale Proceeds for your Products before distributing your Commission (which will include tax where applicable).
We will pay your Commission in accordance with the payment method that has been detailed in Commission Agreement provided by us via e-mail. This will usually take place between the 5th and 15th days of the month.
We may set payment threshold amounts in relation to a month or other time period and, where the payment amount does not exceed any applicable threshold for the relevant period, your payment may be postponed until the threshold is exceeded.
It is your responsibility to ensure Marvelous Art Group has current details of your postal address, bank account details and other information required by our policies and/or the law. Marvelous Art Group will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method or any other information you provide. If you cannot be paid because you have given us incorrect information or your information is out of date, your Commission may be delayed or withheld. If you have not notified Marvelous Art Group of any amendment to the payment method details in that time, your Commission proceeds will be forfeited to Marvelous Art Group or donated to a charity of our choice, subject to applicable law.
To help us verify your identity and to protect the security of your account and to comply with the law, you may be requested to provide current and accurate information about yourself (such as your name, physical address, telephone number, date of birth, tax ID or VAT number, and company registration (if applicable). We may also request that you send us additional documents or information to help verify your identity such as a copy of your government-issued identification and other documents that may be legally required. It is prohibited to use false information or impersonate another person through your account. You agree and acknowledge that if you do not provide the information or documents requested that your account may be terminated or suspended and any of your Seller earnings associated with your account may be delayed or withheld.
Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the Shop and on the platforms of third parties, such as offsite marketing platforms if you choose to advertise your Products on offsite platforms.
Membership Types
Your account may be classified as Free, Basic, Pro or Premium. Accounts are classified based on various criteria subject to change at our discretion and additional fees may apply to one or all types.
Taxation Responsibility
Marvelous Art Group will collect and remit sales taxes (such as sales tax, GST, VAT, etc.) on your behalf where required by applicable federal or state taxation laws or regulations. However, if Marvelous Art Group is not required by applicable federal or state taxation laws or regulations to collect and remit sales taxes:
(a) Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this User Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you. This may include sales tax, VAT, GST, other transactional taxes and income taxes;
(b) Marvelous Art Group will not collect or pay taxes on your behalf as you are the principal in the Commission of your product to Buyers. As stated above under “Payment Terms”, the amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your Products together with any potential interest or penalties that any tax authority may levy as a result of non-compliance; and
(c) all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
Seller Representations and Warranties
When you upload your Content for the Shop you represent and warrant all of the following:
you own all applicable rights in the Content including, but not limited to, intellectual property rights and publicity rights or, if you are not the owner, that you have permission from the owner to display, reproduce, distribute, make, and sell and otherwise use the Content and Products in connection with the Shop;
the Content and Products will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;
your use of our Service for Shop and the Content will comply with our IP/Publicity Rights Policy;
your use of our Service for Shop will comply with the law;
all Content is accurately titled, tagged and described;
the Content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
your use of our Service for Shop and the Content will comply with our Community and Content Guidelines;
the Content does not include malicious code including, but not limited to, viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
the Content is not misleading or deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions, and the Content does not promote Products for uses and to consumers for which the Products are not intended.
Marvelous Art Group reserves the right to review and, in its sole discretion, to disable or terminate your account and to remove from the Website or disable or limit access to any of your Content or Products, if we believe that you or your Content breached or is likely to breach this User Agreement or an agreement with an applicable third party, violates the law, our IP/Publicity Rights Policy, our Community and Content Guidelines or any of our policies, or for any other reason.
You acknowledge and agree to your indemnity obligations with respect to any direct or indirect damage to Marvelous Art Group or third parties arising from your breach or alleged breach of this User Agreement or any of your representations or warranties, as provided for under “Indemnity” of this User Agreement.
Disposal of Returned Products Printed with your Content
All Artists grant Marvelous Art Group permission to facilitate the sustainable disposal of any returned Product including, but not limited to, as a result of refund, reprint, or product sampling.
Indemnity
You agree to indemnify, defend, and hold harmless, Marvelous Art Group, our officers, directors, employees, affiliates, agents and representatives, as well as all third parties participating in the Website including, but not limited to, Fulfillers, third-party shippers, payment processors, and Licensors that have facilitated the sale or offer for sale of your Products, and each of their officers, directors, employees, affiliates, agents and representatives from and against any and all claims, damages, losses, liabilities, costs (including, but not limited to, reasonable legal fees) or other expenses that arise directly or indirectly out of or from your breach or alleged breach of any clause of this User Agreement; any allegation that your use of the Website, your Content or your Products infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or your activities in connection with the Website.
Subject to applicable law, you acknowledge and agree that Marvelous Art Group may freeze or retain all or a portion of any funds held in your behalf to satisfy your indemnity obligations in this User Agreement, including to cover any past or future legal costs associated with your breach or your alleged breach that have been or reasonably could be incurred by Marvelous Art Group or the indemnified parties, or if otherwise required by a legal proceeding or the law.
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person. Without limitation to other unspecified provisions of this User Agreement that survive termination, this Indemnity section will survive the termination of this User Agreement.
Limitation of Liability
Without limitation to other disclaimers and limitations of liability in this User Agreement, in no case will Marvelous Art Group be liable for any consequential loss or damage suffered by you arising from this User Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
Terminating Your Account
You can give notice of termination of this User Agreement by closing your account in the method described in this User Agreement. Marvelous Art Group may give notice of termination of this User Agreement to you by closing your account or in writing at any time.
After notice of termination, you authorize the completion of any transactions in progress in relation to your Products, on the terms of this User Agreement. Termination of this User Agreement will take effect once these transactions have been completed.
Upon termination of this User Agreement by either party, you will be paid any accrued Commissions after the most recent scheduled payment period, less any applicable administration fees, subject to Indemnity and applicable law.