Terms Of Service

Last update: September 2025    


The following terms of service (these "Terms of Service"), govern your access to and use of the Mark Media 404 Ltd website and mobile application, including any content, functionality and services offered on or through www.markmedia404.co.uk or the mobile application (the "Site") by Mark Media 404 Ltd (128 City Road, London, UK, EC1V 2NX) and its affiliates. Mark Media 404 Ltd and its affiliates are collectively referred hereto as "Mark Media 404" "we" or "us" and “you” or “user” means you as an user of the Site and “404” or “Provider” as a 3rd party provider of goods and services via the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Mark Media 404’s Payment Terms and Community Standards, alongside any additional standards, conditions, policies, guidelines and in-product disclosures (collectively, the “Terms”), which are incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy

If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles from our dedicated Terms page, Here.

Our Customer Support team is available if you have any questions regarding the Site or Terms. Contacting our Customer Support team can be performed by submitting a request here. 
PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE ANY AND ALL DISPUTES. 


1. Representations and Warranties

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or any services from Mark Media 404. 
The Site is available only to users who are not subject to any economic sanctions or trade restrictions imposed by the United Kingdom, European Union, or any other applicable jurisdiction.
By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.


2. Key Terms

Customers are users who purchase services via Mark Media 404.
404’s are providers of goods and services via Mark Media 404.
Products are any service or physical good offered for sale by a 404.
Bespoke Offers are exclusive proposals that a 404 can create, in response to specific requirements of a Customer.   
Orders are the formal agreements between a Customer and 404, for the supply of goods and/or services.

3. Overview (main terms, in a nutshell)

Only registered users may buy and sell on the Site. In registering, you agree to provide us with accurate, complete and updated information regarding your business or personal details, and update such details as required, without undue delay. In addition, you must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.


Customers pay Mark Media 404 in advance to create an Order, as further detailed on the Payment Terms.
For fees and payments please read the Payment Terms.
Orders are not considered accepted until a 404 has agreed to it. Once an order is accepted, Cancellations are only permitted in line with the Terms outlined in the Refunds and Cancellation Policy, outlined here.
Refunds are only available in line with the Terms set out in the Refunds and Cancellations Policy. No refund value can be higher than the value of the Order being refunded.
Users may not offer or accept payments using any method other than placing an Order through Mark Media 404.com.
When purchasing on Mark Media 404, Customers are granted all rights for the delivered work, unless otherwise specified by the 404 on their product listing, or unless agreed otherwise between the 404 and the Customer. Note: some 404’s charge additional payments for Commercial Use Licenses. See our “Ownership” and “Commercial Use License” sections below for more information.
Mark Media 404 is a marketplace for goods and services offered by 404’s. Customers confirm they will engage all 404’s as independent contractors and will not exercise control over how they perform their work, nor provide supervision or direction on the manner or means by which the services are completed.
Mark Media 404 retains the right to use all delivered work that the Customer agreed to publish as part of a review or otherwise make public, for Mark Media 404 marketing and promotion purposes, and/or other purposes relevant for the operation and function of the Site.
We care about your privacy. You can read our Privacy Policy here.

4. 404’s

4.1 Basics
404s list products on Mark Media 404 to allow Customers to purchase their services.
For information about receiving payments, fees and taxes see the Payment Terms. 
404s must obtain a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

If you declare yourself to sell goods and/or services on Mark Media 404 for purposes relating to your primary job or profession, you will be considered as a “Business 404” and the following additional term will apply to you: (i) Upon creating a product, or upon our request, the 404, will be required to submit the following information and documents to Mark Media 404: (a) Name, address, telephone number and email address; (b) Copy of an identification document (e.g. identity card, passport) or other electronic identification as may be required by us; (c) Payment details; (d) Company registration number or equivalent means of identification and the Company register in which the Business is registered (if applicable); (e) Self certification by the 404 committing to only offer products or services that comply with applicable regulations; and (f)Upon our request, further appropriate documents that prove the information provided. (ii) If a Business 404 fails to provide this information and documents within a given reasonable deadline, Mark Media 404 may restrict or suspend the account.

4.2 Products
Products and/or users may be removed by Mark Media 404 from the Site for violations of the Terms, which may include (but are not limited to) the following violations and/or materials:
Illegal or fraudulent services
Copyright Infringement, trademark infringement, and violation of a third party's terms of service or Intellectual Property. 
Adult oriented services, pornographic, inappropriate/obscene
Intentional copies of other products
Spam, nonsense, violent or deceptive products
Products misleading to Customers or others
Reselling of regulated goods
Offering to prepare academic works on behalf of Customers
Low quality services or deliveries
Promoting Mark Media 404 and/or Mark Media 404 Products through activities that are prohibited by any laws, regulations and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Products that are removed for violations mentioned above, may result in the suspension of the 404’s account.
Products that have been permanently removed for violations are not eligible to be restored or edited.
Products may be removed from our listings due to violations of our Terms, poor performance, and/or user misconduct.
Products may include website URLs to pre-approved URL-patterns contained within the product description and requirements box. Products containing websites promoting content which violates Mark Media 404’s Terms, will be removed.
Products are required to have an appropriate products image related to the goods or service offered. 404s must deliver the same quality of service as shown on their Product images. Recurring deliveries that don’t match the quality shown on the Product images may lead to the 404’s account being restricted or permanently disabled.
Product may contain an approved Product video uploaded through the Product management submission on Mark Media 404.
Statements on the Product page that undermine or circumvent these Terms are prohibited.
Eligible Products may be set up as Product Packages to offer their services in structured formats with multiple price points for the selected Product.
Certain categories are available only to accredited service providers. If you are not an accredited individual, creating a Product for such services may result in your removal from the Site.


4.3 Bespoke Offers
404s can send Bespoke Offers addressing specific requirements of a Customer.
Bespoke Offers are defined by the 404 with the exact description of the service, the price and the time expected to deliver the service.
Bespoke Offers are required to be sent via official Mark Media 404 communications channels.
Services provided through Bespoke Offers may not violate Mark Media 404’s Terms.


4.4 Shipping Physical Deliverables
Some of the Services on Mark Media 404 are delivered physically (arts and crafts, collectable items, etc.). For these types of Products, 404s may decide to define a shipping pricing factor. The following must apply in case 404 and Customer agreed on Shipping Physical Deliverables:
Products that include a shipping pricing factor must have physical deliverables sent to Customers.
Shipping costs added to a Gig only pertains to the cost 404s require to ship physical items to Customers.
Important: Customers who purchase Products that require physical delivery, will be asked to provide a shipping address.
404s are responsible for all shipping arrangements once the Customer provides the shipping address.
Mark Media 404 does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
 

5. Customers

5.1 Basics
You may not offer direct payments to 404s using payment systems outside of the Mark Media 404 platform.
Mark Media 404 retains the right to use all delivered work that the Customer agreed to publish as part of a review or otherwise make public, for Mark Media 404’s marketing and promotion purposes and/or other purposes relevant for the operation and function of the Site.
Services and products requested by Customers must comply with Mark Media 404’s Community Standards.
Customers are solely responsible for reviewing any delivered Product content and briefs, and ensuring it fits their needs and complies with Mark Media 404’s Community Standards. 
When placing an Order on the Mark Media 404 platform you may only use funds that were obtained from legal sources and are not, directly or indirectly, connected to any unlawful or fraudulent activities.


5.2 Purchasing
Please refer to the Payment Terms for making payments through the Site and to learn about fees and taxes.
You may not offer 404s to pay, or make payment using any method other than through the Mark Media 404.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

6. Orders

6.1 Basics
Once payment is confirmed, your Order Request will be sent to a relevant individual or group of applicable 404’s for review and Acceptance.
Once accepted by a 404, your Order will be considered as “in Progress” until it is “Delivered”
Certain Products that offer local services might require Customers and 404s to meet in person in order for the 404 to perform the service. In such cases, users should note that Mark Media 404 does not guarantee the behavior, conduct, safety, suitability or ability of either Customers or 404s. Both Customers and 404s agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Mark Media 404 has no responsibility or liability related to any local services provided by the 404s. In the event that the service is performed on the Customers’ premises, Customers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Mark Media 404’s Terms remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behaviour & Language, and Targeted Abuse).


6.2 Handling Orders
When a Customer places an Order, the 404 is notified by the Site.
404s are required to meet the delivery time they specified when creating their Products or Bespoke Offer. 
404s must send completed files and/or proof of work when reporting the Order as “Delivered”.
Reporting any order as “Delivered” when an Order was not fulfilled may result in funds being withheld from the 404, or returned to the Customer.
Users are responsible for scanning all transferred files for viruses and malware. Mark Media 404 will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
If the delivered product does not match the 404's description on their Product Page, or if it does not match the requirements sent to the 404 at the beginning of the Order process, The Customer is required to contact Mark Media within 24 hours to raise a Dispute, in line with the Refunds and Cancellations Policy available here.
Mark Media 404 reserves the right to close any dispute after it has been raised in cases where Customers have not been responsive with their 404s, Mark Media 404’s dispute resolution team, or if we recognize abuse of the Mark Media 404 Dispute system.


6.3 Reviews
Reviews provided by Customers are an essential part of growing the  404's ecosystem.
Reviews will not be removed unless there are clear violations of our Terms.
To prevent any misuse of our review system, all reviews must come from legitimate and eligible orders. Purchases arranged, determined to artificially enhance 404 ratings, or to abuse the Site, may result in a permanent suspension of all related accounts.
Withholding the delivery of services, files, or information required to complete on Order with the intent to gain favorable reviews or additional services is prohibited. 404s may not solicit the removal of feedback reviews from their Customers through mutual cancellations.
Once both 404 and Customer have completed their reviews, or the applicable review period has passed, all posted reviews are made public.
Work samples may be added to a 404 portfolios on Mark Media 404 if the Customer chooses to publish the product while providing a public feedback review.


7. User Conduct and Protection

Mark Media 404 enables people to create, share, sell, and purchase nearly any service or product they need at a great value.
Mark Media 404 maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Mark Media 404. This section relates to the expected conduct users should adhere to while interacting with each other on Mark Media 404.
To report a violation of our Terms, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.


7.1 Basics
Requesting or providing email addresses, third party messaging applications, telephone numbers or any other personal contact details to communicate outside of Mark Media 404 in order to circumvent or abuse the Mark Media 404 messaging system or Mark Media 404 platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the guidelines outlined in the appropriate Mark Media 404 policies.
Mark Media 404 does not provide any guarantee of the level of service offered by 404s to Customers. You may use the dispute resolution processes outlined in the Refunds and Cancellations Policy.
Mark Media 404 does not provide protection for users who interact outside of the Site.
All information and file exchanges must be performed exclusively via the official communication channels of the Site.
Rude, abusive, or improper language, and violent or threatening messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise, and you acknowledge that such discrimination may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through Mark Media 404 to contract, engage with, or pay, outside of Mark Media 404.

7.2 Orders
Users with the intention to defame competing 404’s by ordering from competing services will have their reviews removed or further account status related actions determined by review by our management team.
Users are to refrain from spamming or soliciting previous Customers or 404s to pursue removing/modifying reviews or cancelling Orders that do not align on Order Cancellation or Feedback policies.

7.3 Products
404s warrant that any content included in their Products is original work conceived by the 404 and does not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that any media is incorporated within the Product or Product listing, 404s represent and warrant that they hold a valid license to use such media, and to include them in the Product or Product listing.
Users may report Products that may be in violation of Mark Media 404’s Terms based on the reported Products replicated similarity to pre-existing services (copycat Products) to Customer Support.
Mark Media 404 will respond to clear and complete notices of alleged copyright or trademark infringement.

7.4 Reporting Violations
If you come across any content that may violate our Terms and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms. All cases are reviewed by our Management. Our decision, among others, may rely on the information that you provided to us . To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information. Any misuse of our reporting system, may result in a restriction or a permanent suspension of the related accounts.

7.5 Violations
Users may receive a warning to their account for violations of our Terms or any user misconduct reported to our team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can result in your account being placed on hold, excluding your eligibility to buy or sell on the platform, or lead your account to becoming permanently disabled.
If we have taken action against a user’s account or Product, for the violation of our Terms, we will send the user an email explaining the reasons and basis for such actions, as well as their options regarding an additional review. For more information see the Notices and Appeals section..


Non-Permitted Usage

  • Adult Services & Pornography - Mark Media 404 does not allow any exchange of adult oriented or pornographic materials and services.
  • Inappropriate Behavior & Language - Communication on Mark Media 404 should be friendly, constructive, and professional. Mark Media 404 condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
  • Phishing and Spam - Security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another Users account or computer environment is strictly prohibited. Please respect our Users privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Products or Orders.
  • Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. 404s further confirm that whatever information they receive from the Customer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Customer. Any users who engage and communicate off of Mark Media 404 will not be protected by our Terms of Service.
  • Authentic Mark Media 404 Profile - You may not create a false identity on Mark Media 404, misrepresent your identity, create a Mark Media 404 profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Mark Media 404 reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, register excerpts, documents, etc.). 
  • Intellectual Property Claims - Mark Media 404 will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. 
  • Fraud / Unlawful Use - You may not use Mark Media 404 for any unlawful purposes or to conduct illegal activities, including to bypass economic sanctions or trade restrictions imposed by the United Kingdom, European Union or any other applicable jurisdiction.
  • Abuse and Spam
    Multiple Accounts - To prevent fraud and abuse, users are limited to one active Mark Media 404 account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Mark Media 404 community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Mark Media 404’s Terms may be a cause for permanent suspension of all accounts.
  • Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Mark Media 404. This includes creating new multiple accounts to harass members.
    Selling Accounts - You may not buy or sell Mark Media 404 accounts.

7.6 Disputes and Cancellations
We encourage our Customers and 404s to try and settle conflicts amongst themselves. If for any reason this fails, or if you encounter non-permitted usage on the Site, users can contact Mark Media 404's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Refunds and Cancellation Policy.

7.7 Content Moderation, Notices and Appeals
Mark Media 404 is generally not obligated to proactively check the content posted by users for its legality or compatibility with Terms. We are nonetheless entitled to carry out voluntary checks on our own initiative to identify and determine illegal or incompatible content and to take appropriate measures. We may take appropriate actions if we find, or are notified of, a violation of the Terms. 
If Mark Media 404 takes action concerning you, your account or content, you can file a complaint against this decision. You may also file a complaint if you disagree with our decision following a notice you submitted. In both cases, the deadline for submitting a complaint is 30 calendar days following the notification of the respective decision to you. You may file a complaint by contacting our Customer Support. Please explain in your complaint why you believe we should reverse our decision.
We will handle complaints in a timely, non-discriminatory, diligent, and objective manner and will reverse our decision if we come to the conclusion that it has been taken erroneously.
If your place of establishment or location is in the European Economic Area (EEA), you may select an out-of-court dispute settlement body that has been certified in accordance with Art. 21 (3) of the EU Digital Services Act (“Dispute Settlement Body”) to resolve disputes relating to our decisions concerning content you uploaded or notices you submitted, including complaints that our internal complaint-handling system did not resolve.
We reserve the right to refuse to cooperate with the selected Dispute Settlement Body if: (i) the respective dispute has already been resolved or is already subject to an ongoing procedure before the competent court or before another competent Dispute Settlement Body; or (ii) the 30 day period from notification of our decision to you has expired without you filing a complaint through our internal complaint-handling or addressing the Dispute Settlement Body.
The decisions of Dispute Settlement Bodies are not binding on either party.

7.8 Proprietary Restrictions
The Site, including its features, general layout, look and feel, design, information, content and other materials available thereon, and all intellectual property rights related to it are exclusively owned by Mark Media 404.
Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications and including any third party component or technology used to operate the Site or any of its features): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) access it, or use any delivery, in order to develop or build similar or competitive products or features, seek to acquire any ownership interest or license, sell, transfer, time-share, or lease it (or attempt any of the foregoing); (iii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iv) remove any copyright notice, identification or any other proprietary notices; (v) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vii) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (viii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, retrieve, extract, copy or collect content or data from or through the Site, or engage in any manual process to do the same;(ix) systematically retrieve data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory, (x) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (xi) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (xii) access or use the Site in any way not expressly permitted by the Terms. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Site according to these Terms of Service, Mark Media 404 owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content including, without limitation, the exclusive right to create derivative works. 

7.9 Feedback Rights
To the extent that you provide Mark Media 404 with any comments, suggestions or other feedback regarding the the Site, as well as other Mark Media 404 products or services (collective, the “Feedback”), you will be deemed to have granted Mark Media 404 an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Mark Media 404 is under no obligation to implement any Feedback it may receive from users.

7.10 Confidentiality
404s should recognize that there might be a need for Customers to disclose certain confidential information to be used by 404s for the purpose of delivering the Services, and to protect such confidential information from unauthorized use and disclosure. Therefore, 404s agree to treat any information received from Customers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, 404s specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the Products; and (vi) not to copy or reproduce any of the information without the Customer’s permission.

8. User Generated Content


User Generated Content ("UGC") refers to the content uploaded by users as opposed to content created by the Site. All content uploaded to the Site by our users (Customers and 404s) is User Generated Content. Mark Media 404 does not proactively check UGC for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Violating content may be removed or disabled. To learn more on our reporting tools, see here.
Furthermore, Mark Media 404 is not responsible for the content, quality or the level of service provided by the 404s. We provide no warranty with respect to Services on Mark Media 404, their delivery, or any communications between Customers and 404s. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a Service, the 404 undertakes that they have sufficient permissions, rights and/or licenses to provide, sell or resell the Product that is offered on Mark Media 404. 404s advertising online their Products must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Product, and may lead to the suspension of 404's account.

9. Ownership


Ownership and limitations: When purchasing a Product on Mark Media 404, unless clearly stated otherwise on the Product page/description or in the Bespoke Offer, when the work is delivered, and subject to payment, the Customer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the 404, and the 404 waives any and all moral rights (to the extent permitted by applicable law) therein. Accordingly, the 404 expressly assigns to the Customer the copyright in the delivered work. All transfer and assignment of intellectual property to the Customer shall be subject to full payment, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Customer and, upon delivery, the 404 agrees that it thereby, pursuant to the Terms, assigns all right, title and interest in and to the delivered work to the Customer. Some Products (including for custom created work) charge additional payments for a Commercial Use License. This means that if you purchase the Product for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License and will have broader rights that cover your business use.
For Voice Over Products, when the work is delivered, the Customer is purchasing basic rights (which means the Customer is paying a one time fee allowing them to use the work forever and for non-commercial purposes). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing Products), you will need to purchase the Commercial Rights (Buy-Out). If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out). For further information on the type of buy-outs, please read below.

Furthermore, users (both Customers and 404s) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Mark Media 404, including Product texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Mark Media 404 for no consideration for marketing purposes and/or other purpose relevant for the operation and function of the Site.

9.1 Voice Over Commercial Buy-Out
When purchasing a Voice Over Service, the 404 grants you a non-commercial, perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over. This excludes any commercial use, including radio, television and internet commercial spots.
By purchasing a Commercial Rights (Buy-Out) with your Order, in addition to the basic rights, the 404 grants you with a license to use the Voice Over for any commercial promotional and non-broadcast purposes for such period agreed with the 404 (and unless agreed otherwise - in perpetuity). Commercial, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-profit product or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your Order, in addition to the Commercial Rights, the 404 grants you with a license for full broadcasting for such period agreed with the 404 (and unless agreed otherwise - in perpetuity). Full Broadcasting includes internet, radio, and TV "paid channels", such as (by way of example), television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to Mark Media 404's Terms. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the 404 nor Mark Media 404 will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

9.2 Commercial Use License
By purchasing a “Commercial Use License” with your Order, the 404 grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the 404 retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Mark Media 404’s Terms. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the 404 nor Mark Media 404 will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

9.3 Stock Media
For Products that offer integration of Stock Media in the delivered work, the Stock Media license terms apply. Customers are granted a license to use the delivered work containing Stock Media in accordance with such Terms which outline the permissible uses and restrictions associated with the Stock Media.

10. Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT, FEATURES, SERVICES AND PROGRAMS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, FEATURES, SERVICES AND PROGRAMS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE. NEITHER Mark Media 404 NOR ANY PERSON ASSOCIATED WITH Mark Media 404 MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Machine Translation
Certain user-generated content on the Site has been translated for your convenience using translation software powered by Google. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

12. Limitation on Liability
PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE, IN NO EVENT WILL MARK MEDIA 404, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, THE CONDUCT OF THIRD PARTIES, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Deactivate and Disable Account
Mark Media 404 reserves the right to put any account on hold or permanently disable accounts due to breach of the Terms, including low quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
Violation of Mark Media 404's Terms may get your account permanently disabled.
Users with disabled accounts will not be able to sell or buy on Mark Media 404 and related content may be removed. Please refer to the Terms, in particular the Content Moderation, Notices and Appeals section, for your rights to object to our decisions, or contact our Customer Support team for more information surrounding the violation and status of your account.
Users may also deactivate their account with Mark Media 404 at any time from their account settings. Users that deactivate their account will still be responsible for any outstanding payment obligations. For more information, see "How to deactivate or permanently delete your account (opens in a new tab)".
Any provisions of the Terms that relate to the relation between a 404 and a Customer regarding Orders on Mark Media 404 will remain in effect even after you deactivate your account, or after your access to Mark Media 404 is disabled.

14. Disputes with Mark Media 404 Ltd
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW CLAIMS COVERED BY THIS ARBITRATION AGREEMENT ARE HANDLED.
AS USED IN THIS SECTION, “MARK MEDIA 404” INCLUDES MARK MEDIA 404’S AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT TO ARBITRATE AND YOU ACCEPT ALL OF ITS TERMS.

  • Future disputes
    Any dispute arising out of or in connection with any Policy, Product or Service provided by Mark Media 404 Ltd, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

 

  • Existing disputes
    A dispute having arisen between the parties concerning any Policy, Product or Service provided by Mark Media 404 Ltd, the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules.

In either case;

The number of arbitrators shall be one
The seat, or legal place, of arbitration shall be England.
The language to be used in the arbitral proceedings shall be English.
The governing law of the contract shall be the substantive law of The United Kingdom.

15. General Terms

15.1 Changes to these Terms
Mark Media 404 may make changes to these Terms from time to time. When these changes are made, Mark Media 404 will make a new copy of the Terms available on the respective page.
You understand and agree that if you use Mark Media 404 after the date on which the Terms have changed, Mark Media 404 will treat your use as acceptance of the updated Terms. If you do not agree to the changes of the Terms, you will have to deactivate your account.
Mark Media 404 may change these Terms due to changes in the Site, the Site's policies, the services and in the usual course of developing our product, changes in any relevant feature or functionality of the Site, changes in circumstances beyond our reasonable control, to adapt to new technologies, and to address changes in law and regulatory requirements as well as security and fraud issues.
Apart from (1) changes by Mark Media 404 to these Terms in accordance with this section no modification, waiver, or amendment to these Terms is effective unless made in writing and signed by you and Mark Media 404.

15.2 Indemnification
To the fullest extent possible pursuant to applicable law, you agree to defend, indemnify, and hold Mark Media 404 harmless, including its officers, directors, or shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any of these Terms or any other Mark Media 404 Terms, policies and standards; (2) your violation of any third-party right, including any intellectual property right, access rights, property, or privacy right; and/or (3) any other type of claim that your your use of the Site or Mark Media 404 services caused to a third party, provided that Mark Media 404 acts with reasonable professional diligence. Mark Media 404 reserves the right to handle its legal defence however it deems fit—even if you are indemnifying Mark Media 404—in which case you agree to cooperate with Mark Media 404 so it can execute its strategy.

15.3 Severability
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Mark Media 404’s failure to enforce any part of the Terms is not a waiver of its right to later enforce that or any other part of the Terms.

15.4 Assignment
All the terms and provisions of the Terms will be binding upon and inure to the benefit of the parties and to their respective heirs, successors, permitted assigns and legal representatives. Mark Media 404 may assign or otherwise transfer its rights and/or obligations under the Terms without your consent or a notice to you, unless otherwise required by applicable law. You may not assign or transfer any of your rights and obligations under the Terms without the prior written consent of Mark Media 404. Any attempted or actual assignment thereof without Mark Media 404’s prior explicit and written consent will be null and void.

15.5 Entire Agreement
Our Terms constitute the entire agreement concerning the subject matter therein, and supersede any other agreement regarding the Site or services.

15.6 Interpretation
Any heading, caption or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind us in any way.
The original language of the Terms is English. Mark Media 404 makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail. For consumers only, if you are residing in the EEA, the interpretation more favourable with the consumer shall prevail.

 

 

© Copyright 2025 Mark Media 404 Ltd. All rights reserved.
Mark Media 404 Ltd - a company registered in England and Wales | Company number 16700658 

Registered office address: 128 City Road, London, UK, EC1V 2NX
Legal notices | Privacy policy 

We need your consent to load the translations

We use a third-party service to translate the website content that may collect data about your activity. Please review the details in the privacy policy and accept the service to view the translations.