MY MARKETING ASSISTANT LIMITED

TERMS OF SERVICE ("TOS")

FOR SUBSCRIBERS ONLY

Dear MY Marketing Assistant Subscriber:

The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you") and MY Marketing Assistant Limited. Please read this agreement carefully before ordering any artwork (or "collateral"). By subscribing to MY Marketing Assistant Limited you agree to be bound by the terms of this agreement, the MY Marketing Assistant Limited Privacy Statement and MY Marketing Assistant Limited Website Terms of Use, which documents are incorporated herein and made a part hereof by this reference. MY Marketing Assistant Limited reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. If and when changes are made to these Terms of Service an announcement will appear on your login page. Please make sure that you read and understand all such changes. If you do not agree to these Terms of Service, as same may be amended from time to time, do not subscribe to MY Marketing Assistant Limited. Your failure to comply with the terms hereof could result in the immediate termination of your account.

PART I

SUBSCRIPTION TO "MY BRONZE ASSISTANT", "MY SILVER ASSISTANT", "MY GOLD ASSISTANT", "MY WEBSITE ASSISTANT" AND "MY ULTIMATE ASSISTANT".

1. All Collateral on the MY Marketing Assistant Limited website are protected by United Kingdom and international copyright laws. MY Marketing Assistant Limited and/or the various artists who provide content and/or Images to MY Marketing Assistant Limited ("Submitters") own all rights, including the copyrights in and to the Images. MY Marketing Assistant Limited and/or its Submitters reserve all rights in and to the Collateral and Images not expressly granted to you by the terms of this license. Your rights to use any piece of Collateral are subject to this license agreement and are conditioned upon your payment to MY Marketing Assistant Limited for your use of the Collateral. If you fail to make any payment to MY Marketing Assistant Limited when due, or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you subscribed and you were not otherwise in breach of any of the terms hereof (or of the terms of any other agreement between you and MY Marketing Assistant Limited), you have the right to order Collateral, subject however, to the terms of this agreement. If your account becomes delinquent, your right to order any Collateral at any time shall automatically terminate unless all payments are received by MY Marketing Assistant Limited no later than fifteen (15) days from the date that your account became delinquent. 2. By this Agreement, MY Marketing Assistant Limited grants you a personal, non-exclusive, non-transferable, right to order any Collateral and Websites and use in the following ways, subject to the limitations set forth herein and in Part II hereof:

• On web sites as an Adobe PDF downloadable document;
• As prints (i.e. a hardcopy) and other reproductions for office, restaurant, public area, or store owned or rented by you or to distribution to your client database via direct mailing;
• In coordination with opt-in email marketing. However, Collateral cannot be used in connection with unsolicited email - or linked from unsolicited email;
• For distribution to the general public;
• If Collateral is for use as advertising, this can be used as part of advertising copy in magazines, newspapers, editorials and directories, without regard to the size of the manufacturing or duplication run.

3. In the event that you edit or create new Collateral based on Collateral designed and made by MY Marketing Assistant Limited, all rights in and to such images shall continue to be owned by MY Marketing Assistant Limited or its Submitter(s). 4. All rights in the Collateral not expressly granted herein are reserved by MY Marketing Assistant Limited for itself and its Submitters.

PART II

RESTRICTIONS

YOU MAY NOT:

5. Use or display any Collateral on websites or in connection with any service designed to sell or induce sales of "print on demand" products including, by way of example only, postcards, mugs, t-shirts, posters, prints, wallpaper, artwork and other Collateral, this includes custom designed websites. Collateral and websites produced by MY Marketing Assistant Limited should by used to sell your business' products or services and cannot be resold as Collateral. 6. Use Collateral together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property rights. 7. Use Collateral in a way that places any person depicted in the image(s) used in the Collateral in a bad light or in a way that they may find offensive - this includes, but is not limited to, the use of Images:

• In pornography, "adult videos" or the like;
• In ads for tobacco products;
• In ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services;
• In connection with political endorsements;
• In advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products;
• Uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.

8. Resell, redistribute or transfer any Collateral or images used in Collateral. In the event of an attempt to redistribute the Collateral or images used in the Collateral will result in the termination of your rights under this agreement. 9. Edit Collateral without the consent and written permission of MY Marketing Assistant Limited. 10. Use MY Marketing Assistant Limited Collateral, websites and images used in Collateral in a manner that competes with MY Marketing Assistant Limited's business. This includes, by way of illustration only and not by way of limitation, displaying Collateral, website templates and images used in Collateral in any format (including thumbnails) for download on a website, and/or offering MY Marketing Assistant Limited Collateral, website templates and images used in Collateral for sale or resale. 11. Use any image created by MY Marketing Assistant Limited (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services without the consent or written permission of MY Marketing Assistant Limited. 12. Represent yourself as an agent, employee, designee, or affiliate of MY Marketing Assistant Limited for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement. 13. Stockpile, download, or otherwise store Collateral or images used in Collateral not used within twelve (3) months of the expiration of the subscription under which you acquired the Collateral or image used in the Collateral. If you fail to use an Image within such twelve (3) month period, you will lose all rights to use that Image. 14. Use automated programs, applets, bots or the like to access the MY Marketing Assistant Limited website (www.my-my.co.uk) or any content thereon for any purpose.

PART III

MISCELLANEOUS

15. MY Marketing Assistant Limited shall be under no obligation to refund your subscription fee under any circumstances. However, in the event that MY Marketing Assistant Limited determines that you are entitled to a refund of all or part of your subscription fee, such refund shall only be made to the account originally used by you to purchase your subscription. 16. "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Collateral, websites or images used in the Collateral or the right to use them. You may however, transfer this artwork to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating this artwork subject to the terms and conditions herein. In addition, the work you produce with this artwork must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Collateral, websites or images used in Collateral. If you become aware of any unauthorized duplication of any MY Marketing Assistant Limited Collateral, websites or images used in Collateral please notify us via our complaints department. 17. You agree that you will not share your username and password combination. Your MY Marketing Assistant Limited username and password are to be used only by you. Each person that desires to access the MY Marketing Assistant Limited site must have his/her own username and password and must purchase a subscription. You may use your subscription on ONE COMPUTER at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. We reserve the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information. Customized subscriptions with multiple points of access are available from MY Marketing Assistant Limited. Please contact MY Marketing Assistant Limited Support for details. 18. You agree to indemnify and hold MY Marketing Assistant Limited, its officers, employees, shareholders, directors, managers, members and suppliers harmless against any damages or liability of any kind arising from any use of the Collateral, websites and images used in the Collateral other than the uses expressly permitted by this Agreement. This includes and verbal or written consultancy given to you by MY Marketing Assistant Limited employees. You further agree to indemnify MY Marketing Assistant Limited for all costs and expenses that MY Marketing Assistant Limited incurs in the event that you breach any of the terms of this or any other agreement with MY Marketing Assistant Limited. 19. Neither MY Marketing Assistant Limited nor any of its officers, employees managers, members, shareholders, directors or suppliers shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of or relating to the use of, or the inability to use, the MY Marketing Assistant Limited website (www.my-my.co.uk) or any Collateral, websites or images used in Collateral. This includes and verbal or written consultancy given to you by MY Marketing Assistant Limited employees. 20. This contract is governed by and shall be construed in accordance with the laws the United Kingdom. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the United Kingdom and not anywhere else. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or un enforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof. 21. If you are unsure of your rights under this agreement, or if you wish to use a MY Marketing Assistant Limited created piece or pieces of Collateral, websites or images used in Collateral in a manner not expressly permitted under this agreement, please contact MY Marketing Assistant Limited Support. 22. If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to MY Marketing Assistant Limited for any breaches of the terms of this agreement. 23. The number of orders available to you is determined by the Subscription you purchase. For the purposes of this agreement, a month is month is defined as thirty (30) consecutive days beginning on and including the date that you purchase your subscription. 24. Credit Attributions (where necessary) and Copyright Notices though MY Marketing Assistant Limited requires the credit attributions and copyright notices available from MY Marketing Assistant Limited Credit Support. MY Marketing Assistant Limited may waive such requirements on a case by case basis. If you have any questions regarding credit attributions and copyright notices or to request that MY Marketing Assistant Limited grant you a waiver of such requirements, please contact MY Marketing Assistant Limited Customer Support. No waiver of such requirements shall be effective unless confirmed in an email or other writing from MY Marketing Assistant Limited to you. 25. Notwithstanding the foregoing, in the event that the Collateral, website or image used in the Collateral is used in connection with merchandise, or a film, television broadcast, documentary or other video or multimedia project or presentation, you shall use reasonable commercial efforts to accord the copyright holder and MY Marketing Assistant Limited a credit as provided above. However, if no other copyright holders are accorded credit, only MY Marketing Assistant Limited shall be accorded a credit in substantially the following form: "Image(s) used under license from "MY Marketing Assistant Limited". All credits shall appear on the copyright page or in the copyright section of the work into which the Image is incorporated. If there is no copyright page or section, the notice and credit may be located anyplace on the work. In all cases the credit and attribution shall be of such size, colour and prominence so as to be clearly and easily readable by the unaided eye. MY Marketing Assistant Limited will inform you before ordering of Collateral, websites or images used in the Collateral if a credit is required. 26. You agree that we may change the point required in the Loyalty Scheme at any point and without any notice. We may also change the prizes available. IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH MY MARKETING ASSISTANT LIMITED, MY MARKETING ASSISTANT LIMITED SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO MY MARKETING ASSISTANT LIMITED OTHER RIGHTS AT LAW AND/OR EQUITY. MY MARKETING ASSISTANT LIMITED SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF ANY SUCH BREACH OR BREACHES. MY MARKETING ASSISTANT LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF ANY RELEASE ASSOCIATEDWITH AN IMAGE USED IN COLLATERAL OR WEBSITES. EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MY MARKETING ASSISTANT LIMITED GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE USED IN COLLATERAL OR WEBSITES. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS THAT MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED. MY MARKETING ASSISTANT LIMITED DOES NOT WARRANT THAT THE IMAGE(S) USED IN COLLATERAL, WEBSITES, OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE COLLATERAL OR WEBSITE IS SOLELY WITH YOU. YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING COLLATERAL AND WEBSITES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES. MY MARKETING ASSISTANT LIMITED SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE COLLATERAL OR WEBSITES. THIS ALSO APPLIES TO ANY VERBAL OR WRITTEN MARKETING CONSULTANCY GIVEN TO YOU BY MY MARKETING ASSISTANT LIMITED EMPLOYEES. THIS APPLIES EVEN IF MY MARKETING ASSISTANT LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL MY MARKETING ASSISTANT LIMITED TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MY MARKETING ASSISTANT LIMITED WEBSITE AND/OR COLLATERAL, WEBSITES AND CONSULTANCY CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY MY MARKETING ASSISTANT LIMITED FROM YOU FOR YOUR USE OF THE APPLICABLE COLLATERAL, WEBSITES AND CONSULTANCY. IN THE EVENT THAT YOU USE FRAUDULENT CREDIT CARD OR BANKING ACCOUNT INFORMATION TO OPEN AN ACCOUNT/SUBSCRIPTION OR OTHERWISE ENGAGE IN ANY CRIMINAL ACTIVITY AFFECTING MY MARKETING ASSISTANT LIMITED, MY MARKETING ASSISTANT LIMITED WILL PROMPTLY FILE A COMPLAINT WITH LOCAL AUTHORITIES OR THIRD PARTY AUTHORITIES. Back to the top

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