Terms of Use

Acceptance of Terms

Marquint Technology FZ-LLC, along with its designated subsidiaries (referred to as “Marquint”, “we”, or “us”), offers the Marquint website (https://www.marquint.com) and its related platform (collectively, “Platform”) and various other features and services, including websites, applications, forums, content, functionality, products, and services (together with the Platform, “Services”) to allow users (“Users,” “your,” or “you”) to play, create, and connect.

By accepting these User Terms, you also agree to be bound by the following:

  • Creator Terms, which apply to all Users who access the Services. They cover items such as the use of Studio, the offering of Experiences and Virtual Content (as defined below), and the use of music on the Services.
  • Privacy Policy, which explains information that we collect about you, how we protect that information, and how that information may be used.
  • Community Standards, which explains the conduct standards expected from Users, and outlines behavior prohibited on the Services.

PLEASE READ THE MARQUINT TERMS CAREFULLY BEFORE BEGINNING TO USE THE SERVICES, AS THEY SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MARQUINT. BY USING THE SERVICES, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION AND STATE OF RESIDENCE, AND UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY THE MARQUINT TERMS. IF YOU DO NOT AGREE TO THE MARQUINT TERMS, YOU MUST NOT USE THE SERVICES.

IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE USING THE SERVICES, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THE MARQUINT TERMS. BY PERMITTING A MINOR TO USE THE SERVICES, A MINOR’S PARENT OR GUARDIAN BECOMES SUBJECT TO THE MARQUINT TERMS AND AGREES TO BE RESPONSIBLE FOR THE MINOR’S ACTIVITIES ON THE SERVICES.

The Marquint Terms are subject to change. To the extent required by applicable law, Marquint will provide User with reasonable advance notice of any material updates or modifications by any reasonable means of notification, provided that non-material changes, feature updates, or modifications made for legal reasons (as determined by Marquint) will be deemed to be effective immediately and without notice. Changes shall be in effect as of the “Last Updated” date listed atop this page. Your continued use of the Services after the Last Updated date constitutes your acceptance and agreement to such changes.

User Terms

Creating an account: to access certain elements and functionality of the Services, you will be asked to provide method of authenticating your Account, which may include a password and, depending on the resources accessed, you may also be asked to provide other information like a verified email address, verified phone number, or a government-issued photo identification. You agree that all information provided to Marquint will be true, accurate, and up to date. Marquint reserves the right to take steps to ensure that any information you provide to Marquint in connection with your Account is accurate.

Securing an Account: you are responsible for maintaining the confidentiality and security of any credentials used to access your Account (e.g., a username and password). You must not share or disclose such credentials to others (except for Guardians in the case of a Minor User).

Account Responsibilities and Prohibitions: You understand, acknowledge, and agree that you will be responsible for any actions taken in your Account and on the Services using your access credentials, whether or not such actions have been authorized by you. You may only access the Services through your own Account.

Access to Services: Marquint reserves the right, in its sole discretion, to change or suspend the Services (or any portion thereof) at any time and for any reason, including to comply with laws, to protect Users, or to protect Marquint’s reputation, without notice to you unless required by law and without liability to Users.

Marquint Coin ("MQ")

MQ is the official currency of the Marquint Services and can be used to acquire content such as Virtual Items (defined below) or access to interactive content called “Experiences” on the Services.MQ are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency. MQ cannot be redeemed for any fiat currency, and Marquint is not obligated to exchange a User’s MQ for anything else of value.

Limited License to Use MQ: MQ have no equivalent value in real currency. Except as specifically set forth in Section 4 of the Creator Terms, your acquisition or purchase of MQonly entitles you to receive a limited, revocable license to use MQ (i) in connection with the Services, (ii) for your personal entertainment only, (iii) in the ways permitted by Marquint under the applicable Marquint Terms, and (iv) for MQ acquired through direct transfers or exchanges with other users.

Acquisition and Use of MQ: MQ may be acquired on the Services in one of several ways. A User may acquireMQ (i) by purchasing or otherwise receiving MQ from Marquint; (ii) by trading Virtual Items with other Users (as described in Section 4c below); (iii) by receiving MQ from other users through direct transfers or exchanges. Additionally, a Creator may earn MQ as described more fully in Section 4 of the Creator Terms.

Marquint does not recognize or take responsibility for third-party services that allow Users to sell, transfer, purchase, or otherwise useMQ or Virtual Content, and any such use by a User is a violation of the Marquint Terms. However, transferring an Account in connection with the sale of the Experience(s) created by that Account, pursuant to a valid written agreement, is permitted. Only Users who have reached the age of majority in their jurisdiction or state of residence may purchaseMQ or engage in other real-money transactions on the Services

MQ Are Non-Refundable. Except as required by law, all payments for MQ are final and not refundable.

MQ Are Subject to Change. MQ, in its sole discretion, may implement changes to MQ at any time. This may include limiting the number of MQ a User may acquire or adjusting the purchase price of MQ.

Virtual Content and the Marquint Economy

Acquiring Virtual Content. You may acquire “Virtual Items” (including without limitation clothing or Virtual items for your avatar), “In-Experience Items” (including without limitation game passes and special abilities) and other content (including without limitation Experience and private server access) offered by Marquint and/or Creators (collectively “Virtual Content”) solely on the Services. The acquisition of Virtual Content on the Services is solely for your personal entertainment; it does not create any legally enforceable contract between (i) you and Marquint or (ii) you and any Creator.

When you spend MQ to acquire Virtual Content through Marketplace or In-Experience, the MQ are collected through the Services and immediately deducted from your Account balance. All such transfers are final, non-refundable, and non-reversible.

Selling Virtual Content (i) For user: Marquint allows Users to resell Marquint-created Virtual Content on the Services (“Resale”). A User may engage in a Resale of such Virtual Content within Marketplace only. All Resales are final and cannot be reversed; (ii) For Creators: A Creator may design and sell Virtual Content pursuant to the terms as outlined in Section 4 of the Creator Terms.

Trading Virtual Content: Marquint allows Users to trade Virtual Content on the Services (“Trade”). This Virtual Content can be Traded for other Virtual Content or for a combination of MQand Virtual Content.

Payments and Refunds

General: Only Users who have reached the age of majority in their jurisdiction or state of residence may engage in financial transactions on the Services, such as purchasing MQ.

User Responsibilities: When purchasing MQ, you (or your Guardian, as applicable) represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable transaction. You further agree that you have read and agree to be bound by any applicable Additional Terms and that any information you provide in connection with any financial transaction on the Services, including without limitation the provision of a selected payment method, shall be subject to the privacy policy as outlined by the applicable payment service provider for that financial transaction.

If you believe someone has gained access to or used your Account, including your payment method, without permission, you must notify Marquint as soon as possible by contacting Marquint Support.

Chargeback Policy: If you notice charges on your credit/debit card, PayPal, or Google Play account that you did not authorize, please contact Marquint Support before disputing any charges directly with your payment processor. Once a charge has been disputed with your payment processor, Marquint cannot issue a refund due to prohibitions under the payment provider’s dispute process.

Intellectual Property (IP) and User Generated Content (UGC)

Marquint IP: The interfaces, graphics (including without limitation Marquint Avatars, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives thereof, (“Marquint Intellectual Property” or “Marquint IP”) are protected by law and the Marquint Terms. All Marquint IP is the property of Marquint and Marquint’s licensors. Marquint IP includes UGC licensed to Marquint by Creators under the Creator Terms. Except as allowed in the Marquint Terms and any applicable Additional Terms, you may not use any Marquint IP contained in the Services unless you obtain separate permission in each instance from the owner. Marquint reserves all rights in/to the Marquint IP not granted in these Marquint Terms or elsewhere in Additional Terms.

UGC: The Services contain various forums, functionality, software, and other interactive features that allow you to create, upload, submit, publish, display, generate, transmit, or otherwise make available (“Publish”) UGC on the Services.

Any UGC Published on the Services must comply with the Marquint Terms, including the Marquint Community Standards, and must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

Except as otherwise described in Marquint’s Privacy Policy or any applicable Additional Terms, (i) you agree any UGC that you Publish will be considered non-confidential and non-proprietary, and (ii) you grant Marquint a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to host, use, copy, reproduce, modify, adapt, publish, translate, run, create derivative works of, distribute, and publicly perform or display such UGC throughout the world in any media for any business purpose in connection with operating, providing, improving, or publicizing the Services; however, Marquint will only share personal information that you provide in accordance with Marquint’s Privacy Policy.

You represent and warrant that, at the time of Publishing UGC, (i) you own or otherwise control all the rights in/to the UGC; (i) the UGC is accurate and not fraudulent or deceptive; and (iii) the UGC does not violate these Terms, any applicable laws, or the rights of any third party, including intellectual property, privacy, and publicity, and will not cause injury to any person or entity. You understand that in certain situations your UGC may be copied by other Users of the Services and discussed on and outside of the Services. If you do not have the right to submit UGC for such use, Publishing such may subject you to liability. Marquint takes no responsibility and assumes no liability for any UGC Published by you or any third party. Marquint has the right but not the obligation to monitor, modify, or disable any UGC on its Services, and it may exercise these rights at any time, without notice or liability to you or any third party.

In-Experience UGC: Some Experiences allow for Users of that Experience to Publish UGC within the Experience. Such Users who separately Publish UGC within an Experience hereby grant both Marquint and the Creator of the applicable Experience a worldwide, perpetual, royalty free, and irrevocable right and non-exclusive license to use and exploit the UGC in any manner or media without any obligation, including any obligation to pay royalties or other compensation to any person or party. If such Users create a Modified Avatar, the User hereby assigns all right, title, and interest in that Modified Avatar to Marquint; Marquint in turn grants a non-exclusive license to both User and Creator to use and exploit that Modified Avatar on the Services without any obligation (except those otherwise specified in these Marquint Terms), including any obligation to pay royalties or other compensation to any person.

Copyright Infringement / Virtual Millennium Copyright Act (DMCA): We respect the intellectual property rights of others, and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your copyrights (other than content that was previously uploaded by you to the Services, and as to which the Creator-to-Creator Copying Complaint Process), you may submit a notice pursuant to the DMCA by contacting our Copyright Agent by email at [email protected]. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent, guardian, or other adult representative. Your notice must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (ii) a description of the copyright-protected work or other intellectual property right that you claim has been infringed; (iii) a description of the material that you claim is infringing and where it is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. We may send a copy of your DMCA notice, including any contact information you provide, to the individual responsible for the reported content.

Counter-Notice: If your content was disabled as a result of a DMCA notice, and you believe that your content is not infringing or that you have the proper authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to Publish and use the material in your content, you may send a counter-notice to our Copyright Agent by email at [email protected]. Any counter-notice submitted on behalf of a User under the age of 13 must be submitted by a parent, guardian, or other adult representative. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice, including any contact information you provide, to the original complaining party informing that party that we may, in 10 business days, replace the disabled content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the disabled content may be replaced or access to it restored, in our sole discretion, within 10 to 14 business days or more after our receipt of the counter-notice.

Trademark Infringement: If you are a trademark owner, or an agent of a trademark owner, and believe that any content on the Services infringes upon your trademark(s), please submit a trademark infringement notice to our Trademark Agent at [email protected]. When you contact us, please provide the following information in your notice: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the trademark; (ii) a description of the trademark right that you claim has been infringed; (iii) a description of the content that you claim is infringing and where it is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of such content is not authorized by the trademark owner, its agent, or the law; and (iv) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the trademark owner’s behalf.

Note that Marquint is not in a position to mediate disputes between Users and the holders of trademark rights. However, we take intellectual property rights seriously, and, upon receipt of a valid trademark infringement notice, we will investigate and may disable content that engages in trademark infringement.

Feedback: Any feedback, comments, or suggestions you may provide regarding or relating to the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

License to and Restriction of Services

License to the Services: Subject to your compliance with these User Terms or any Marquint Terms, Marquint grants you a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that you own or control for your personal, entertainment use, including and solely in connection with the Services, the right to download and use software that Marquint makes available for download as part of the Services, in object code form only.

Restrictions of Use: In addition to any other restrictions set forth in the Marquint Terms or any Additional Terms, Users may not (a) lease, lend, sell, redistribute, or sublicense any part of the Services; (b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology; (c) circumvent any technological measure designed to protect the Services or any technology associated with the Services; (d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services’ source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification); (e) use the Services to create malicious or abusive content (as determined by Marquint in is sole discretion) or any content that violates these Marquint Terms, Additional Terms, guidelines, or policies; or (f) use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.

Governing Law, Jurisdiction, and Venue

Except as otherwise provided herein, the Marquint Terms are governed by the laws of United Arab Emirates (UAE) without regard to conflict of law principles.

Dislcaimer and No Warranties

UGC Disclaimer: Except as may be required by applicable law, Marquint is not liable for, nor is Marquint obligated to screen, approve, edit, or control any UGC that Users, Creators, or others Publish or otherwise make available on the Services. Marquint may, however, at any time, without notice, and without any obligation to User, disable, edit, block or suspend the availability of any UGC that Marquint thinks violates the Marquint Terms or is otherwise objectionable. User understands that when using the Services, User will see UGC from a variety of sources and understands that UGC could be inaccurate, offensive, or objectionable. User agrees to waive, and does waive, any legal or equitable right or remedy that User has or may have against Marquint regarding UGC. If notified by a User or content owner that UGC allegedly violates the Marquint Terms, Marquint may investigate and decide whether to disable the UGC.

As Is: THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARQUINT AND MARQUINT’S OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS (TOGETHER, THE “AFFILIATED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

No Responsibility: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM MARQUINT OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR MARQUINT THAT IS NOT EXPRESSLY STATED IN THE MARQUINT TERMS. USER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM USER’S USE OF OR ACCESS TO THE SERVICES, USER’S DEALING WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARQUINT AND THE AFFILIATED PARTIES BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR USER’S INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARQUINT HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USER AGREES THAT THE AGGREGATE LIABILITY OF MARQUINT AND THE AFFILIATED PARTIES TO USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THE MARQUINT TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000 USD.

Indemnification

You agree that you will be responsible for your use of the Services, and you further agree to defend and indemnify Marquint and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Services; (b) your violation of any part of the Marquint Terms, any representation, warranty, or agreement referenced in the Marquint Terms, or any applicable law or regulation; (c) your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between you and any third party. Marquint reserves the right, at Marquint’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Marquint’s defense of that claim.

Creator Terms

Creators are the heart of the Marquint community, and we created the following terms (“Creator Terms”) to set forth the rules and guidelines for creating and Publishing UGC on the Services as well as the use of UGC or other Marquint IP or content on the Services. These Creator Terms apply to all Users of Marquint.

In addition to these Creator Terms, Creators must also abide by the User Terms, both in their capacity as a Creator and as a User of the Services, and any Additional Terms, as may be applicable.

Intellectual Property

Marquint Services, Ownership and License:

  • Terms of Marquint IP outlining the ownership of Marquint IP are set forth in User Terms.
  • Marquint Templates (“Templates”) are made available by Marquint and serve as a starting point that Creators can use to more easily create UGC. Marquint owns or controls all rights in all Templates and all elements contained therein and makes Templates available to Creators . Creators may only use Templates in a way consistent with these Creator Terms. Using a Template does not give Creator any ownership rights in/to that Template.
  • Other Marquint Content: Marquint, at its sole discretion, may create, develop, and make available on and through the Services other content (“Other Marquint Content”). Subject to Creator’s compliance with these Creator Terms, Marquint grants Creator a non-exclusive, limited, revocable, non-transferable license to use such Other Marquint Content solely on the Services and in connection with Creator’s UGC (“Other Content License”). Creator will not be entitled to any payment or compensation for Creator’s use of Other Marquint Content (including any modifications or enhancements thereto).
  • Marquint Trademarks. Creators are prohibited from using the name “Marquint,” “Marq,” and any name similar to Marquint (to be determined in Marquint’s sole discretion), in the titles of any Experiences. Subject to the foregoing restriction and Creator’s adherence to the Marquint Name and Logo Guidelines, Marquint hereby grants Creator a non-exclusive, personal, limited, revocable, non-transferable license to use Marquint trademarks, whether registered or unregistered, solely for use within Creator’s Experience(s) on the Services, including in connection with the creation of Virtual Content (“Marquint Trademark License”). All goodwill arising from any use by Creator of any Marquint trademarks will inure solely to Marquint. Use by Creator of any Marquint trademarks outside of the Marquint Services (including a trademark that may be contained in the title of a Creator’s Experience) is permitted only as set forth in the Marquint Name and Logo Guidelines.
  • Termination of License: Marquint reserves the right to terminate or modify the Template License, Other Marquint Content License, and Marquint Trademark License at any time and for any reason.

User-Generated Content (UGC):

  • Ownership of UGC: Except for Modified Avatars and subject to the rights and licenses Creator grants in these Creator Terms (and any applicable Additional Terms), as between Creator and Marquint or Creator and Users, Creator retains all copyrights that Creator may hold in any UGC that Creator has ever created or will create (whether alone or with others) and Publishes or makes available on the Services (excluding any non-UGC Marquint IP that may be contained therein).

  • Marquint License to UGC: In consideration for the use of the Services and Creator’s potential to earn MQ, Creator grants Marquint a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense to any person or entity, including without limitation other Users and Creators) to host, store, transfer, translate, run, localize, publish, publicly display, publicly perform (including by means of Virtual audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, adapt, create derivative works of, enhance, distribute, and use for any business purpose related to the Services (including, but not limited to, in connection with operating, providing, improving, or publicizing the Services or Marquint) any UGC, in whole or in part (including any incorporated or associated trademarks and underlying source code), that Creator Publishes or makes available on/through the Services.

    Notwithstanding the above, Creator also grants to Marquint the exclusive, worldwide, irrevocable, perpetual, fully paid, sublicensable right to apply Creator’s UGC to a Avatar or Modified Avatar, whether on or off the Services; provided, however, that Marquint’s off-Services right specifically excludes the right to apply (a) shirts, pants, or T-Shirts designed by a Creator (excluding any Marquint IP that may be contained therein); (b) trademarks owned or controlled by a Creator; or (iii) copyrighted material owned or controlled by a Creator that has been published outside of the Services prior to the time that it was Published by Creator on the Services

    Subject to the rights and licenses granted herein, to the extent that a Creator has or obtains any right, title or interest in any Modified Avatar, Creator hereby irrevocably assigns to Marquint all such right, title and interest. This assignment includes all intellectual property rights and other proprietary rights therein, including rights in any licenses that such Creator may have granted. It also includes rights in any Modified Avatar developed under prior versions of these Marquint Terms. Notwithstanding the foregoing, Marquint may, in its sole discretion, permit a Creator who has customized a Avatar or Modified Avatar so that it no longer appears similar to a Avatar or Modified Avatar (or any derivatives thereof, all as determined by Marquint in its sole discretion) to receive all right, title and interest in such customized Avatar or Modified Avatar, subject to Creator granting Marquint the perpetual, worldwide, non-exclusive, royalty-free right and license discussed in this Section.

    Creator also agrees to make its UGC available in any media or channel of distribution now known or hereafter developed in connection with the publicity and marketing of the Services or Marquint as permitted herein, even if Creator has exercised a right to be forgotten under the GDPR or equivalent right under other privacy laws (all the foregoing paragraphs in this section collectively, the “UGC License”).

    Marquint’s right to market and advertise the Services or Marquint using Creator’s UGC (excluding Modified Avatars) (“Ancillary Use”) will not include using such UGC in marketing and advertising that is focused solely on promoting Creator’s UGC (as reasonably determined by Marquint) as part of the Services without Creator’s approval, but Marquint can generally reference, as determined by Marquint in its sole discretion, Creator’s UGC with other UGC or material (and without Creator’s approval) to promote, market or advertise the Services or Marquint. Marquint may also use Creator’s UGC for non-commercial and educational uses to promote the Services (and Marquint will reasonably determine whether a use is non-commercial or educational). Other than the potential to earn MQ, Marquint is not required to give Creator any attribution or compensation for any reason nor is Marquint required to use the license Creator grants in this Section or exploit any of the rights granted herein.

    Creator retains the right to disable or update any or all content within an Experience at any time and at Creator’s discretion (and Creator will diable or update such content if required by law), provided that regardless of any such update or disabled having occurred, and regardless of any termination of these Creator Terms or termination or suspension of Creator’s Account: (i) Virtual Content created by Creator which was validly purchased or otherwise validly obtained by a User may continue to be accessed and used by such User indefinitely in accordance with and subject to the terms and policies of the Services; and, (ii) Marquint’s right to use any UGC or other content that is already in use by Marquint pursuant to a license or otherwise in accordance with these Marquint Terms or already in use by Marquint as part of an Ancillary Use shall continue in perpetuity.

    In addition to Marquint’s right to grant sublicenses for Creator’s UGC, Creator, when Publishing certain UGC onto the Service, may be asked if Creator would like to share such UGC directly with other Users. Creator is not required to do so, but if Creator does agree to grant this right, then other Users may use Creator's UGC to create their own Experiences and other UGC on the Services without any further obligation to Creator.

    Where Creator’s Virtual Content is sold or otherwise provided to a User, Creator agrees that, pursuant to the rights granted to Marquint herein and regardless of whether the Virtual Content was sold or provided by Creator to the User, Marquint may allow the User to continue to access and use such Virtual Content indefinitely (in accordance with and subject to the Marquint Terms) even if the Virtual Content is no longer otherwise accessible on the Services.

  • Through - to - the - Audience Rights. The rights Creator grants in these Creator Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services won’t have separate liability to Creator or anyone else for UGC that Creator has made available on the Services or used on Third-Party Services via Marquint’s Services.
  • Authorization to Publish UGC to Services. Creator must not Publish or otherwise make any UGC available on the Services if Creator is not the owner of or is not fully authorized to grant rights in all parts of that UGC.
  • Suspension of UGC Availability. Marquint may, in its sole discretion, suspend availability of or diable any UGC or other content on the Services at any time and for any period of time, including in perpetuity, without notice if such UGC or other content violates any laws or intellectual property rights or principles or any guidelines or policies associated with the Services or if Marquint determines in its sole discretion that such UGC does or may cause harm to Users, the Services, or to Marquint’s reputation. Marquint is and shall be under no obligation of any kind to Creator for suspending any UGC in accordance with this Section.
  • Limitations on Use of UGC. Notwithstanding Creator’s ownership of UGC (other than Modified Avatars and the right to apply Virtual Content and other UGC to Avatars and Modified Avatars) as set forth above and without limiting any other limitations set forth herein, Creator shall in no event use Creator’s UGC (in any medium or format, including on or off the Services): (a) in a manner that is offensive, defamatory, or otherwise objectionable (in each case, as determined by Marquint in its sole discretion); (b) in connection with false, defamatory, libelous or slanderous statements concerning Marquint or otherwise in a manner intended or reasonably likely to disparage Marquint or bring Marquint into public disrepute; or (c) in a manner that is intended or reasonably likely to suggest or imply that Creator is affiliated with Marquint or that Marquint endorses Creator or its use of the applicable UGC.
  • Infringement and DMCA: Marquint fosters creativity and respects the intellectual property rights of others, including Creators. Any copyright owner or an agent of a copyright or trademark owner (including other Creators who are owners or agents of a copyright or trademark owner) who believes that any content on the Services (including UGC) infringes upon its copyrights or trademarks and whose complaint does not concern UGC subject to the Creator-to-Creator Copying Complaint Process may submit a notification pursuant to the DMCA.

Circles

For purposes of the Marquint Terms, a "Circle" exists where Creators have joined together and, via a Marquint Account, registered on the Services as a single unit for the purpose of releasing an Experience or other Virtual Content through the Services. For corporate accounts, the company (or other legal entity) named on the account is considered a Circle.

Each Circle must select an “Owner,” who shall be the individual or entity that controls the Marquint Account used to register the Circle on the Services, to act on behalf of the Circle. The Owner, in its sole discretion, may choose to designate another individual or entity to manage the Circle; however, please note that only one individual or entity may be the Owner of a Circle at a time, and ownership cannot be transferred.

By participating in a Cricle, each Creator grants the Owner the sole and exclusive authority to act on their behalf to (i) authorize Marquint’s use of any UGC created by the Cricle as set forth in these Creator Terms or pursuant to any other agreement entered into between the Owner and Marquint; and (ii) receive payment for any activities undertaken or UGC sold by the Cricle on or through the Services. Cricle members hereby waive any claims they may have against Marquint for any payments made to an Owner by Marquint on behalf of the Cricle, and Cricle members agree to seek recovery of any such payments solely from the Cricle Owner. The authority granted to a Cricle’s Owner may be modified by separate agreement amongst Cricle members. Except as may be provided at law, any duty of accounting between a Cricle Owner and Cricle members will arise solely pursuant to a written agreement among the Cricle, and Marquint will not be bound by any such agreement.

Marquint Creator Economics

MQ

  • Creator’s license to use MQ in connection with the Services is set forth the User Terms.
  • Marquint allows Creators to earn MQ (“Earned MQ”) by selling or monetizing certain UGC (including Virtual Content and access to Experiences) they create on the Services. Earned MQ consist only of those MQ that a Creator has received from (a) the direct sale, (b) other monetization of UGC it created (within a Circle) on the Services in compliance with the Marquint Terms and any applicable Additional Terms.

Marquint allows Creators to sell (i) access to Experiences; (ii) Virtual Content and (iii) other UGC they create on the Services, subject to the following:

  • Creator Responsibility for Sales on Services. Creator acknowledges that Marquint may on Creator’s behalf, display and host Experiences, Virtual Content, or other UGC created by Creator to be enjoyed by other Users on the Services. When a Creator receives MQ from a User for the sale of UGC through the Services, the transaction is between the Creator and the User; Marquint only facilitates by providing the Services.
  • Random Virtual Items. Creator may choose to provide Experiences that permit Users to acquire “random” Virtual Items (either with MQ or otherwise) (each, a “Random Virtual Item”). If a Creator provides the opportunity for a User to receive a Random Virtual Item, Creator must let Users know the odds of acquiring each type of Random Virtual Item available before a User engages in the transaction to acquire a Random Virtual Item. By way of example only, if a Creator’s Experience allows a User to acquire a Virtual marble that the User can then throw into a fountain to receive a Random Virtual Item, the Creator must disclose the odds of the User receiving each type of Random Virtual Item before the User throws the marble into the fountain.

Disclaimer: Developing Experiences or UGC that Users will enjoy or spend time in is difficult and can take a lot of time. Marquint makes no promises that a Creator's Experience or UGC will be successful in developing a large audience or that the time, effort, and expense that a Creator spends developing, advertising, or operating an Experience will be financially successful.

Restrictions on Use

In addition to any other restrictions set forth in the User Terms or any Marquint Terms, Creator will not take any action in violation of these Creator Terms, including as set forth in this Section.

Marquint wants all Creators to develop their own ideas. Unless Creator has express written permission or a written license from the content creator to do so, Creator must not copy or make any modification to someone else’s item, content, or UGC and Publish it as Creator’s own content.

Representations & Warranties

Creator is responsible for Creator’s UGC, and represents and warrants that: (a) Creator is the creator and owner of, or has the necessary rights and permissions to grant Marquint the rights and license; (b) Creator’s UGC and the use of Creator’s UGC as described in these Creator Terms does not and will not: (i) infringe, violate, or misappropriate any third-party right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (iii) require Marquint to get licenses from, pay compensation, or provide attribution to any third parties; (iv) result in a breach of contract between Creator and a third party; or (v) cause Marquint to violate any law or regulation; and (c) Creator will comply with all applicable laws, rules, and regulations and the Marquint Terms (including without limitation these Creator Terms) in Creator’s use of the Services.

Indemnification

Creator agrees to be responsible for Creator’s use of the Services and to defend and indemnify Marquint and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) Creator’s access to, use of, or alleged use of the Services; (b) Creator’s violation of (i) any part of the Marquint Terms, including these Creator Terms, (ii) any representation, warranty, or agreement referenced in these Creator Terms, or (iii) any applicable law or regulation; (c) Creator’s violation of any third-party right, including any intellectual property, publicity, privacy, or property right, or confidentiality obligation; or (d) any Dispute or issue between Creator and any third party. Marquint reserves the right, at Marquint’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by Creator (without limiting Creator’s indemnification obligations with respect to that matter), and in that case, Creator agrees to cooperate with Marquint’s defense of that claim.

Limited Liability

IN NO EVENT WILL THE AFFILIATED PARTIES BE LIABLE TO CREATOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARQUINT HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE AFFILIATED PARTIES TO CREATOR FOR ALL CLAIMS (INCLUDING WARRANTY CLAIMS) OR CAUSES OF ACTION IS LIMITED TO (i) THE TOTAL AMOUNT PAID OR PAYABLE BY MARQUINT TO CREATOR UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH CREATOR NOTIFIES MARQUINT OF A CLAIM, OR (ii) TO THE EXTENT THAT MARQUINT HAS NOT PAID CREATOR ANYTHING IN THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH CREATOR NOTIFIES MARQUINT OF A CLAIM, $1000 USD.

Privacy

Data that you as a Creator provide to Marquint through the Services is subject to the Marquint Privacy Policy, incorporated by reference herein.

For each Experience created by a Creator, and subject to the provisions of the Marquint Privacy Policy, Creator and Marquint shall both have the right to use data related to or obtained in connection with that Experience for their respective legitimate internal business purposes to support the Experience and for business analytics, such as: (i) for the improvement and development of the Experience; (ii) to comply with applicable laws (including law enforcement requests); (iii) to ensure the security of the Experience; and, (iv) to prevent fraud or mitigate risk. Creator agrees that, except as expressly set forth in these