1. Introduction

Please read these Terms and Conditions (these "Terms") carefully as they govern your use of (which includes access to) Martek's personalized services for publishing virtual tours and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Martek Service") and any photos, texts, or other material that is made available through the Martek Service (the "Content").
Use of the Martek Service may be subject to additional terms and conditions presented by Martek, which are hereby incorporated by this reference into these Terms.
By signing up for, or otherwise using, the Martek Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Martek Service or access any Content.

Service Provider

These Terms are between you and Martek.

Age and eligibility requirements

In order to use the Martek Service and access any Content, you need to (1) be 13 years of age (or the equivalent minimum age in your home country) or older, (2) have parent or guardian consent if you are a minor in your home country; (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Service is available. You also promise that any registration information that you submit to Martek is true, accurate, and complete, and you agree to keep it that way at all times If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. You can find additional information regarding minimum age requirements in the registration process. If you do not meet the minimum age requirements then Martek will be unable to register you as a user.

2. The Martek Service Provided by Us

Martek Service Options

We provide certain Martek Service options. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

Third-Party Applications, Devices and Open Source Software

The Martek Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal cameras and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Martek does not guarantee that Third-Party Applications and Devices will be compatible with the Martek Service.

Service Limitations and Modifications

We use reasonable care and skill to keep the Martek Service operational and to provide you with a personalized experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:

• The Martek Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
• We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Martek Service (including particular functions, features, and promotional offerings).
• Martek has no obligation to provide any specific content through the Martek Service, and Martek or the applicable owners may remove photos, virtual tours and other Content without notice.

Martek has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.

3. Your Use of the Martek Service

Creating a Martek account

You may need to create a Martek account to use all or part of the Martek Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
Martek may reclaim, or require you to change, your username for any reason.

Your rights to use the Martek Service

User Guidelines

We've established guidelines for using the Martek Service, to make sure the Martek Service stays enjoyable for everyone ("Martek User Guidelines"). In using the Martek Service, you must comply with the Martek User Guidelines, as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties.

4. Problems and Disputes

Suspending and terminating the Martek Services

These Terms will continue to apply to you until terminated by either you or Martek. Martek may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Martek Service at any time if we believe you have breached any of these Terms, if we stop providing the Martek Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or Martek terminate these Terms, or if Martek suspends your access to the Martek Service, you agree that Martek shall, subject to applicable laws, have no liability or responsibility to you.

Third Party Rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Martek, and in no event shall these Terms create any third-party beneficiary rights.

Indemnification

You agree to indemnify and hold Martek harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by Martek arising out of or related to: (1) your breach of any of these Terms (including any additional Martek terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Martek Service; and (4) your violation of any law or the rights of a third party.

Governing Law, Mandatory Arbitration and Venue

Governing Law / Jurisdiction

Unless otherwise required by mandatory laws in your country of residence, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
Further, you and Martek agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them), except where under applicable mandatory laws, you can choose to bring legal proceedings in your country of residence, or we are required to only bring legal proceedings in your country of residence.

5. About these Terms

Under applicable law, you may have certain rights that can't be limited by a contract. These terms are in no way intended to restrict those rights.

Changes

We may make changes to these Terms (including any additional Martek terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Martek Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other Martek terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of the Martek Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Martek Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Martek, these Terms constitute all the terms and conditions agreed upon between you and Martek and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

Severability and Waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Martek or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Martek's or the applicable third-party beneficiary's right to do so.

Assignment

Martek may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.