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Intellectual Property and Usage Terms for Shopify Collaborators

Effective Date: [18-10-2023]

These Intellectual Property and Usage Terms (“Terms”) govern the use of the content, materials, and services provided by Freelancing Marval to Shopify merchants who have been granted collaborator access to Freelancing Marval’s Shopify Partner account. By accessing and using the content and services, you agree to comply with these Terms. Please read them carefully.

1. Ownership of Intellectual Property

1.1 Content Ownership: All content, materials, and services provided by Freelancing Marval, including but not limited to text, images, graphics, logos, software, and designs, are the intellectual property of Freelancing Marval, its affiliates, or its content suppliers, and are protected by applicable copyright and trademark laws.

2. Usage for Collaborators with Payment

2.1 Payment for Access: Collaborators granted access to Freelancing Marval’s Shopify Partner account shall pay any agreed-upon fees or charges for such access. Payment is a prerequisite for using Freelancing Marval’s content, materials, and services.

2.2 Usage for Paid Services: Collaborators may access and use the content, materials, and services provided by Freelancing Marval in accordance with the terms and conditions outlined in their respective service agreements and upon successful payment for those services.

3. Prohibited Usage Without Payment

3.1 Unauthorized Usage: Any usage, reproduction, distribution, or modification of Freelancing Marval’s content, materials, or services without prior payment and without an explicit written agreement with Freelancing Marval is strictly prohibited.

4. License and Permissions

4.1 Limited License: Freelancing Marval may grant limited licenses or permissions for specific uses of its content or materials, provided that such licenses are granted in writing and in accordance with the terms and fees outlined by Freelancing Marval.

5. Unauthorized Usage

5.1 Legal Consequences: Any unauthorized usage or infringement of Freelancing Marval’s intellectual property rights, including but not limited to copying, downloading, distributing, or using the content or services without payment, may result in legal action, including claims for damages, injunctive relief, and attorney’s fees.

5.2 Reporting Unauthorized Usage: Freelancing Marval encourages collaborators who become aware of unauthorized usage of its intellectual property to report such instances to [email protected].

6. Usage Within Scope of Agreement

6.1 Compliance with Agreement: Collaborators who have entered into service agreements with Freelancing Marval are granted the right to use the content and services in accordance with the specific terms of their agreement, subject to compliance with all applicable terms and fees.

7. No Transfer of Rights

7.1 Ownership Rights: The use of Freelancing Marval’s content, materials, or services does not grant collaborators any ownership rights or intellectual property rights in the content or services. Collaborators are only granted the rights necessary for the use of the content or services in accordance with their service agreements.

8. DMCA Complaints for Unauthorized Use

8.1 DMCA Complaint Authorization: Freelancing Marval reserves the right to take legal actions, including the submission of Digital Millennium Copyright Act (DMCA) complaints, against clients who have made successful payments for our services but are found to be using our work beyond the scope of their agreements and in violation of our intellectual property rights.

8.2 DMCA Process: In cases where we identify unauthorized usage or infringement of our intellectual property, including but not limited to the unauthorized distribution, modification, or public display of our content, we may submit DMCA complaints to Shopify, as the hosting platform, to address the infringement.

8.3 Legal Remedies: Submitting a DMCA complaint may result in the removal or disabling of the infringing content from the client’s website or platform. It is the client’s responsibility to respond to DMCA notifications and comply with any actions taken by Shopify as a result of the complaint.

8.4 Client Obligation: Clients who receive DMCA complaints are obligated to respond promptly and resolve the issue. This may involve taking down infringing content, complying with any settlement agreements, or otherwise addressing the copyright infringement issue.

8.5 Liability: Clients found to be in violation of these terms and subject to DMCA complaints may be held liable for any damages, legal expenses, or costs incurred by Freelancing Marval in the process of addressing the infringement.

By accepting these terms and using our services, clients acknowledge that successful payment for our services does not grant them unrestricted rights to use our work beyond the scope of their agreements, and they agree to comply with any DMCA complaints submitted by Freelancing Marval to protect its intellectual property rights.