At Marken Projects Inc. we recognize that privacy is important. This Policy applies to all of the
products and services offered by Marken Projects Inc. (collectively, Marken's "services").
Information we collect and how we use it:
We offer a number of services that may not require you to register for an account or provide any
personal information to us. However, in order to provide our full range of services, we may
collect the following types of information:
a) Information you provide - When you sign up for an account or other service that
requires registration, we ask you for personal information (such as your name,
email address and an account password). For certain services, such as our
advertising programs, we also request credit card or other payment account
information which we maintain in encrypted form on secure servers. All such
information will be used only for the purposes for which it was provided.
b) Marken’s cookies - When you visit Marken’s websites, we send one or more
cookies - a small file containing a string of characters - to your computer that
service by storing user preferences and tracking user trends, such as how people
search. Most browsers are initially set up to accept cookies, but you can reset your
browser to refuse all cookies or to indicate when a cookie is being sent. However,
some features and services may not function properly if your cookies are disabled.
c) Log information - When you use our services, our servers automatically record
information that your browser sends whenever you visit a website. These server
logs may include information such as your web request, Internet Protocol address,
browser type, browser language, the date and time of your request, referring/exit
pages and URLs, platform type, number of clicks, domain names, landing pages,
pages viewed and the order of those pages, the amount of time spent on particular
pages and one or more cookies that may uniquely identify your browser.
d) Clear Gifs Information- When you use the services, we may employ "clear gifs"
(a.k.a. Web Beacons) which are used to track the online usage patterns of our
Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we
may also use clear gifs in HTML-based emails sent to our users to track which
emails are opened by recipients.
e) User communications - When you send email or other communication to us, we
may retain those communications in order to process your inquiries, respond to
your requests and improve our services.
f) Links - We may present links in a format that enables us to keep track of whether
these links have been followed. We use this information to improve the quality of
our search technology, customized content and advertising.
and operated by us. We do not exercise control over the sites displayed as links
from within our various services. These other sites may place their own cookies or
other files on your computer, collect data or solicit personal information from you.
Marken processes personal information on our servers in the United States and Canada. We may
process personal information to provide our own services. In some cases, we may process
personal information on behalf of and according to the instructions of a third party, such as our
Choices for personal information
When you sign up for a service that requires registration, we ask you to provide personal
information. If we propose to use personal information for any purposes other than those
described in this Policy or in the specific service notices, we will offer you an effective way to
opt out of the use of personal information for those other purposes. We will not collect or use
personal information for purposes other than those described in this Policy or in the specific
service notices, unless we have obtained your prior consent.
You can decline to submit personal information to any of our services, in which case Marken
may not be able to provide those services to you.
Marken only shares personal information with other companies or individuals outside of Marken
in the following limited circumstances:
a) We have your consent.
b) We provide such information to our affiliated companies or other trusted
businesses or persons for the purpose of processing personal information on our
behalf. We require that these parties agree to process such information based on
our instructions and in compliance with this Policy and any other appropriate
confidentiality and security measures.
c) We have a good faith belief that access, use, preservation or disclosure of such
information is reasonably necessary to
i) satisfy any applicable law, regulation, legal process or enforceable
iii) detect, prevent, or otherwise address fraud, security or technical issues, or
iv) protect against imminent harm to the rights, property or safety of Marken, its
users or the public as required or permitted by law.
We take appropriate security measures to protect against unauthorized access to or unauthorized
alteration, disclosure or destruction of data. These include internal reviews of our data collection,
storage and processing practices and security measures, as well as physical security measures to
guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Marken’s employees, contractors and agents who
need to know that information in order to operate, develop or improve our services. These
individuals are bound by confidentiality obligations subject to enforcement, if they fail to meet
Marken processes personal information only for the purposes for which it was collected and in
accordance with this Policy or any applicable service-specific privacy notice. We review our data
collection, storage and processing practices to ensure that we only collect, store and process the
personal information needed to provide or improve our services. We take reasonable steps to
ensure that the personal information we process is accurate, complete, and current, but we
depend on our users to update or correct their personal information whenever necessary.
Accessing and updating personal information
When you use Marken’s services, we make good faith efforts to provide you with access to your
personal information, either to correct this data if it is inaccurate or to delete such data at your
request if it is not otherwise required to be retained by law or for legitimate business purposes.
We ask individual users to identify themselves and the information requested to be accessed,
corrected or removed before processing such requests, and we may decline to process requests
that are unreasonably repetitive or systematic, require disproportionate technical effort,
jeopardize the privacy of others, or would be extremely impractical (for instance, requests
concerning information residing on backup tapes), or for which access is not otherwise required.
In any case where we provide information access and correction, we perform this service free of
charge, except if doing so would require a disproportionate effort.
Marken regularly reviews its compliance with this Policy. Please feel free to direct any questions
or concerns regarding this Policy or Marken's treatment of personal information by contacting us
through this web site.
By using any Marken-related software, or by using or visiting the MarkenWebsite (collectively
If you do not agree to any of these terms, please do not use the Marken Website Service. These
contributors of video content, information, and other materials or services on the Website.
Marken hereby grants you permission to use the Website Service in accordance with these Terms
of Use, provided that:
a) your use of the Website Service is solely for your personal use;
b) you will not copy or distribute any part of the Website Service in any medium or
c) you will not alter or modify any part of the Website Service other than as may be
reasonably necessary to use the Website Service for its intended purpose; and
In order to access some features of the Website Service, you will have to create an account. You
may never use another's account without permission. When creating your account, you must
provide accurate and complete information. You are solely responsible for the activity that
occurs on your account, and you must keep your account password secure. You must notify
Marken immediately of any breach of security or unauthorized use of your account. Although
Marken will not be liable for your losses caused by any unauthorized use of your account, you
may be liable for the losses of Marken or others due to such unauthorized use.
Marken reserves the right to establish data transfer restrictions and/or limit the total amount of
data transfer associated with your account. User accounts may be closed by Markenshould the
total amount of data transfer exceed an amount deemed excessive in Marken’s sole discretion.
You agree not to use or launch any automated system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses the Website Service in a manner that sends more
request messages to the Marken’s servers in a given period of time than a human can reasonably
produce in the same period by using a conventional on-line web browser. Notwithstanding the
foregoing, Marken grants the operators of public search engines permission to use spiders to
copy materials from the site for the sole purpose of creating publicly available searchable indices
of the materials, but not caches or archives of such materials. Marken reserves the right to revoke
these exceptions either generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website.
Intellectual Property Rights
The content on the Marken Website, except for User Submissions, including the text, software,
scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the
trademarks, trade names, service marks and logos contained therein ("Marks"), are owned by or
licensed to Marken, subject to copyright and other intellectual property rights under Canadian
law and international conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without prior written consent and/or payment of the applicable licence fee to the
owners. Marken reserves all rights not expressly granted in and to the Website Service and the
Content. You agree not to engage in the use, copying, or distribution of any of the Content other
than expressly permitted herein, including any use, copying, or distribution of User Submissions
of third parties obtained through the Website. You agree not to circumvent, disable or otherwise
interfere with security related features of the Marken Website or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the Marken Website or the
The Marken Website Service may permit the submission of videos or other communications
submitted by you and other users ("User Submissions") and the hosting, sharing, and publishing
of such User Submissions. Marken may also establish categories for User Submissions based on
intended use, such as Private where User Submissions are not shared, Invited where there is an
invitation to view and/or share and Public. You understand that whether or not such User
Submissions are published and regardless of category, Marken does not guarantee any
confidentiality with respect to any such submissions. You also understand and agree that Marken
may place advertising on the Website in conjunction with User Submissions.
You are solely responsible for your own User Submissions and the consequences of posting or
publishing them. For all User Submissions you submit which are intended for public use, you
represent and warrant that:
a) you own or have the necessary licenses, rights, consents, and permissions to use
and authorize Marken to use all copyright, trademark, trade name, service mark,
logos and intellectual property and other proprietary rights in and to any and all
User Submissions to enable inclusion and use of the User Submissions in the
b) you have the written consent, release or permission of each and every identifiable
individual person in the User Submission to use their name or likeness to enable
inclusion and use of the User Submissions in the manner contemplated by the
your User Submissions. However, by submitting the User Submissions to Marken
for public use, you hereby grant Marken a worldwide, non-exclusive, royalty-free,
transferable license to use, reproduce, distribute, prepare derivative works of,
display, and perform the User Submissions in connection with the Marken Website
Service and Marken's business, including without limitation for promotion and
redistribution of part or all of the Marken Website Service (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the Marken Website a non-exclusive license to access your User
Submissions, if submitted for public use, through the Website, and to use,
reproduce, distribute, prepare derivative works of, display and perform such User
Submissions as permitted through the functionality of the Website Service and
For User Submissions you submit, you further agree that you will not:
a) submit material that is copyrighted, protected by trade mark or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless you are
the owner of such rights or have permission from their rightful owner to post the
material and to grant Marken all of the license rights granted herein;
b) publish falsehoods or misrepresentations that could damage Marken or any third
c) submit material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offence, give rise to civil liability,
violate any law, or is otherwise inappropriate;
d) post advertisements or solicitations of business:
e) impersonate another person.
Marken does not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and Marken expressly disclaims any and all liability in connection with User
Submissions. Marken will remove all Content and User Submissions if properly notified that
such Content or User Submission infringes another's intellectual property rights. Marken also has
sole discretion to decide whether Content or a User Submission is appropriate and complies with
length. Marken reserves the right to remove Content and User Submissions without prior notice
and to terminate a User's access to the Website Service, if such User is in violation of these
Service at any time.
You understand that when using the Marken Website Service, you will be exposed to User
Submissions from a variety of sources, and that Marken is not responsible for and makes no
warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you
hereby waive any legal or equitable rights or remedies you may have against Marken with
Third Party Websites
The Marken Website may contain links to third party websites that are not owned or controlled
by Marken and Marken assumes no responsibility for these third party websites. By using the
Website, you expressly discharge Marken from any and all liability arising from your use of any
Warranty and Indemnity
You agree that your use of the Marken Website Service is at your sole risk. Marken makes no
warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted
to or through the Website Service by any third party, or concerning damage of any kind incurred
resulting from use of the Website Service. Marken does not endorse and is not responsible for
any product or service advertised or offered by a third party through the Website Service or any
In no event shall Marken, its officers, directors, employees or agents be liable to you for any
direct, indirect, incidental, special, punitive or consequential damages resulting from any claim,
injury or damage incurred by you from your use of the Website, Content or Marken software.
You agree to defend, indemnify and hold harmless Marken its officers, directors, employees and
agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to legal fees) arising from:
a) your use of and access to the Marken Website Service;
c) your violation of any third party right, including without limitation any copyright,
property, or privacy right; or
d) any claim that one of your User Submissions caused damage to a third party. This
use of the Marken Website Service.
You confirm that you are either at least 18 years of age, or possess legal parental or guardian
consent, and are fully able to enter into the terms, conditions, obligations, representations, and
You agree that the Marken Website shall be deemed solely based in Vancouver, British
British Columbia, Canada whose courts shall have exclusive jurisdiction. You agree that any
cause of action in relation to the Marken Website Service must be commenced within one (1)
year after the cause of action accrues, or such cause of action is permanently barred.
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