Last Updated: January 1, 2025
These Terms & Conditions ("Terms") govern your access to and use of the website mktgdesk.com (the "Site") and any services provided by MKTG DESK ("we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal or internal business purposes.
You agree not to engage in any of the following activities:
All content, features, and functionality of the Site, including but not limited to text, graphics, logos, images, and software, are owned by MKTG DESK or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as incidental to normal web browsing or as expressly authorized in these Terms.
By submitting any content to the Site, including but not limited to comments, feedback, or ideas ("User Content"), you grant MKTG DESK a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.
You represent and warrant that:
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MKTG DESK DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL MKTG DESK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
You agree to defend, indemnify, and hold harmless MKTG DESK, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
We reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. We may also revise these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
We may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or any applicable law, or is harmful to the interests of another user, a third-party, or MKTG DESK.
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the United States, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States.
YOU AND MKTG DESK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms constitute the sole and entire agreement between you and MKTG DESK regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
For any questions about these Terms, please contact us at: help@mktgdesk.com
By using our Site, you acknowledge that you have read and understood these Terms & Conditions and agree to be bound by them.
