Terms & Conditions — Marcal Studios LLC

Marcal Studios LLC

for marcalstudios.com and related websites, including:

- ww2lettershome.com, and
- marcsconcertblog.com

as of January, 2023

This document sets forth the Terms of Use and Privacy Policy for marcalstudios.com and any related websites of Marcal Studios LLC including marcsconcertblog.com and ww2lettershome.com (collectively, the "Website"). All persons who access the Website are subject to these Terms of Use. In this document, Marcal Studios LLC and its owners and authorized persons are referred to as "we," "us" or the "Company," while any person who accesses or interacts in any manner with the Website are referred to as "you" or a "user."

The following Terms of Use apply to your use of the Website. BY USING THE WEBSITE, YOU FULLY ACCEPT THESE TERMS OF USE. In the event you disagree with anything in these Terms of Use you must exit and discontinue using the Website.

If any person believes that an image appears on the Website without the subject's consent, in a case where consent would be required under applicable laws, and such person wishes to have the image removed, please contact us via the contact form at marcalstudios.com.

1. Ownership of the Website, Photographs, Other Content, and Trademark

The Website is owned and operated by Marcal Studios LLC.

All of the text, photographs and other original content displayed on the Website are works of authorship created (or otherwise owned) by Marc A. Schuman and Marcal Studios LLC (except in certain limited instances that are indicated clearly as such by the Website). These original works of authorship are protected by United States and international copyright law, and all rights are reserved. All of the other components of the Website, including the concepts, methods, graphics, designs, and look and feel incorporated therein, are similarly owned by Marcal Studios LLC also may be protected by various United States and international copyright, trademark, patent, trade secrets and other laws (subject only to the specific rights of identified third parties who have provided website building and hosting services, or other supporting technical services, for the Website pursuant to express contractual arrangements with the Company).

Marcal Studios LLC is a registered trademark owned by the Company.

2. Access to Website

Access to the specific areas (e.g., blog entries, photo galleries and/or related website features) of any part of the Websites may be limited to individuals who register with the Website by providing their real name and a current, personal email, or who otherwise are granted access by the Company. Whether access is so limited or not, any person using the site is included in these terms ("Users"). Access may be denied for any reason, in the sole discretion of the Company. Any access provided is granted only for reading and review of the Website on a personal, non-public basis that strictly adheres to these Terms of Use. Any passwords issued to Users must be kept confidential and not shared with anyone else, nor may anyone else (any other person or entity) be permitted to use the password for access. In the event your password is stolen or you become aware it is being used improperly, please contact us at marcalstudios.com so that we may change the relevant account.

Regardless of the dissemination of any passwords and/or granting of site access, all rights to access the Website are granted and maintained only in the sole discretion of the Company and may be terminated at any time.

3. Photography, Blog Posts, Ticket Stubs and Other Content

Whether or not you are a registered User of the Website, a User who has made a donation, or a customer who has purchased a Product (as defined below) through an online store made available by the Company, you will remain subject to the following restrictions.

You may not copy, print, reproduce, display, transmit, or distribute (whether via physical means or electronically) any photograph, blog post or other writing, ticket stub or other memorabilia or any other items of content set forth on the Website, in whole or in part, in any manner without the prior written consent of the Company. You may not make any use of or reference to any such content, or to any domain name or Website name, or to the Company's name or trademarks, without its consent nor in any event in such a manner as to imply or suggest any affiliation with or any endorsement by the Company or its related persons. Likewise, you agree not to modify, alter or otherwise manipulate any such content in any manner and you agree not to reverse engineer, de-compile, or otherwise disassemble any contents of the Website.

4. Products

Whether via a link from the Website, via an invitation by the Company by email, or otherwise, you may be able to purchase certain photographs, prints or other items (collectively, "Products") made available by the Company or its related persons, either directly or through an online store set up by the Company. In the event you purchase any Product, all of the restrictions on the use of content set forth in the second paragraph of Section 3 will apply and will remain applicable to the Product, and among other things you may not copy, reproduce, display, transmit, or distribute (whether via physical means or electronically) the Product, in whole or in part, in any manner without the prior written consent of the Company.

5. Disclaimers

ANY ACCESS TO THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. NEITHER THE COMPANY NOR ANY RELATED PERSON MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. In addition, we are unable to make representations or warranties as to the functionality of the Website, whether it is free of errors, or whether the servers hosting it are free of errors, viruses or other harmful material. Accordingly, all use of the Website is at your own risk. Neither the Company nor its affiliates or representatives will be responsible or liable for any damages of any kind that may result from your access to or use of the Website, your registration with the Website, or your purchase of any Products.

4. Indemnification and Termination Policy

In the event that you violate the restrictions set forth in Section 3 or elsewhere in these Terms of Use, or if you otherwise infringe or violate any intellectual property rights relating to the photographs, writings, memorabilia or other content on the Website, or relating to any Product, you agree to indemnify Marcal Studios LLC, and its subsidiaries, affiliates, licensors and representatives, and hold them harmless, against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of any such violation or infringement. Any privilege to access the Website depends on your compliance with these Terms of Use. We may revoke your registration and take any other appropriate measures to enforce our Terms of Use if any such violations or infringements are brought to our attention. Additional consequences for violations of the Terms of Use may include any and all remedies available to us under applicable laws.

5. Donations, Discounts and/or Promotional Codes

Any donations made by a user to the Website shall be deemed to be final and non-refundable, and no further access, service or product shall be deemed to be owed to the user as a consequence of the donation. All discounts or promotional codes must be entered at the time of purchase for the discount/promotion to be applied. Retroactive requests for discounts or promotions will not be granted.

6. Other Terms

These Terms of Use shall constitute a binding agreement between each user and the Company. This is the entire agreement between you and the Company with respect to the use of the Website and any related services by the Company. As such, this Agreement shall be governed by the laws of the State of New York without giving effect to any principles of conflicts of law.

We may make changes to these Terms of Use at any time and without notice (other than posting on the Website). Please refer to the Website which will include the current Terms of Use as amended from time to time.

Our failure to enforce any right or provision in these Terms of Use in any instance as to any user shall not constitute a waiver of such right or provision generally or of any other rights or provisions in these Terms of Use. If any provision set forth in these Terms of Use is found to be invalid, you agree that the remainder of the Terms of Use shall be enforceable to the fullest extent permitted by law.

We respect your privacy and are committed to protecting information you may provide us through the Website as per our registration forms or any requests that we make. Comments are welcome but we ask that you not provide any private or sensitive information outside of the basic fields in the registration and log-in forms. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to any collection of information from other sources.

 This Privacy Policy, together with the Terms of Use above, set forth our policies governing the Website.

 As the Website owner, the Company may collect non-personally-identifying information of the sort that web browsers and servers typically make available, which may include the date and time of each visitor request. Our interest in collecting such non-personally identifying information would be to better appreciate and understand user activities involving the Website. When users choose to register, donate, purchase Products or make certain other requests (which could involve support or other requests), the Company may obtain personally-identifying information. ("Personal Information"). The amount and type of such information obtained would depend on the nature of the transaction or interaction. As noted, we might require Users who wish to access parts of the Website to provide their valid personal name and email address.  The security of your Personal Information is important to us, and we will use it only to carry out the capabilities of the Website, the transactions facilitated by the Website, and the dissemination of information about, and distribution and sale of, such other goods and services offered by Marcal Studios LLC from time to time.

There is currently no advertising on the website, therefore no advertising or other third party partners to whom we would provide your Personal Information. The Website uses third party vendors who may utilize cookies for purposes of site access and related technical matters. The Website may use cookies to help identify and track visitors, their usage and their Website access preferences.

The Company may collect and/or publish aggregated statistics about the behavior of visitors to the Website without disclosing any personally-identifying information. The Website may contain certain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We of course have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, or third party products or services. While we strive to use reasonable means to protect your Personal Information, we cannot guarantee its security.       Those users who donate to the Website or purchase Products may be asked to provide additional information, including as necessary the personal and financial information required to process those transactions. At present, it is expected that the normal transactions will involve e-commerce processing and will be handled by a reputable third party vendor under their own industry-standard procedures. In each case, the Company would collect only such information as may be appropriate to fulfill the user's transaction.   Marcal Studios LLC may change its Privacy Policy from time to time, effective upon posting to the Website. Your use of the Website after any change in this Privacy Policy and/or other provision of the Terms of Use will constitute your acceptance of such change.

[January, 2023]