By using this Website you indicate your agreement to abide
by and to be bound by these Terms and Conditions of Service ("Terms of
Service"). If you do not agree to the Terms of Service you agree that
you do not have the right to use this Website.
1. The Terms
of Service set forth the terms, conditions, rules and regulations which
shall apply to your use of this Website. Unless we state otherwise, any
new feature on this Website that supplements or enhances the current
MKETv.Com Website or services, shall also be subject to these Terms of
Service. You understand and agree that this Website is provided "AS IS"
and WITHOUT WARRANTIES and that MKETv.Com assumes no responsibility for
the timeliness, deletion, misdelivery or failure to store any user
communications or personalization settings.
To use this Website, you must obtain access to the world wide web,
either directly or through devices that access web-based content, and
pay any service fees associated with such access. Additionally, you
must provide all equipment necessary to make such connection to the
world wide web, including a computer and modem or other access device.
Before you get started, you should know that MKETv.Com has been
designed to be viewed by people over the age of 18. Therefore, the
subject matter, language and other content on this Website may not be
suitable for users under age 18. If you have provided us with
information that you are under age 13, we cannot collect any
information from you, personal or otherwise, without the prior approval
of your parent or guardian. MKETv reserves the right to change these
Terms of Service at anytime with or without notice and to impose new
conditions. Such changes shall be effective immediately upon notice
thereof, including, but not limited to notice by posting such changes
on this Website. Your use of the Website after such notice shall be
deemed to constitute your acceptance of changes in these Terms of
Service.
2. In addition to your other obligations under these Terms of Service
and in consideration of your use of this Website you agree that you
shall: (I) provide true, accurate, current and complete information
about yourself as prompted by the MKETv.COM registration form or when
otherwise requested, and (ii) maintain and promptly update such
personal information to keep it true, accurate, current and complete.
If you provide any personal information that is untrue, inaccurate, not
current or incomplete, or MKETv has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
MKETv has the right to suspend or terminate your account and refuse any
and all current or future use of MKETv.COM, or any portion thereof. You
understand that by using this Website including its content you may
observe content that you might consider offensive, indecent or
objectionable. Under no circumstances will MKETv.Com be liable for such
submitted content, or for any loss or damage resulting from such
submitted content.
3. Personal information about you is subject to our privacy policy. For
more information, please see our full privacy policy posted on this
Website.
4. You agree that you will not use MKETv.Com to: (a) e-mail or upload
or post or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; (b) harm minors in any way; (c)
impersonate any person or entity, including, but not limited to, a
MKETv director, officer, employees or other MKETv representative, or
falsely state or otherwise misrepresent your affiliation with a person
or entity;(d) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted through
MKETv.Com; (e) upload, post, e-mail or otherwise transmit any content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements); (f)
upload, post, e-mail or otherwise transmit any content that infringes
any patent, trademark, trade secret, copyright or other intellectual
property or other proprietary rights ("Intellectual Property Rights")
of any party; (g) upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, (h) upload, post, e-mail or otherwise transmit any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment; (I) disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other MKETv.Com users are able
to type, or to otherwise act in any manner that negatively affects the
ability of other MKETv.Com users to engage in real time exchanges; (j)
interfere with or disrupt MKETv.Com or its servers or networks
connected to MKETv.Com, or disobey any requirements, procedures,
policies or regulations of networks connected to MKETv.Com; (k)
intentionally or unintentionally violate any applicable local, state,
national or international laws, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law; (l) "stalk" or
otherwise harass another; or (m) collect or store personal data about
other users. You acknowledge that MKETv does not pre-screen content,
but that MKETv and its designees shall have the right, but not the
obligation, in their sole discretion to refuse or move any content that
is available via MKETv.COM. Without limiting the foregoing, MKETv and
its designees shall have the right to remove any Content that violates
these Terms of Service or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any
content, including any reliance on the accuracy, completeness, or
usefulness of such content. You acknowledge and agree that MKETv may
preserve content and may also disclose content if required to do so by
law or if such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the Terms of Service; (c)
respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of MKETv, its users and the public. You understand that the technical
processing and transmission of MKETv.Com, including your content, if
any, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
5. Recognizing that the Internet is international in scope, you agree
to comply with all local rules regarding online conduct and acceptable
Content. You also agree that you will comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside. 6. You are welcome to post,
transmit or submit messages (collectively "Messages") to bulletin
boards, chat areas or other public areas within, or in connection with,
this Website (collectively "Forums"). We accept no responsibility
whatsoever for claims arising from or relating to such Messages. We do
not endorse and have no control over the content of Messages submitted
by others to Forums. Messages submitted to Forums are not necessarily
reviewed by us prior to posting and do not necessarily reflect our
opinions or policies. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR
OTHERWISE as to the content of Messages in the Forums or the accuracy
and reliability of any Messages or other materials in the Forums.
However, MKETv, in our sole discretion, reserves the right to prevent
you from submitting Materials to Forums and also to edit, restrict or
remove Messages for any reason at any time. b. We assume no
responsibility for actively monitoring Forums for inappropriate
Messages. MKETv may, at any time, and in our sole discretion, choose to
monitor the Forums, nevertheless we do not assume any responsibility
for the content of the Messages, any obligation to modify or remove any
inappropriate Messages, and no responsibility for the conduct of the
user submitting any Messages. In submitting Messages to Forums, you
agree to strictly limit yourself to discussions about the subject
matter for which the Forums are intended. You agree that we accept no
liability whatsoever if we prevent your Messages from being submitted
or if we edit, restrict or remove your Messages. You also agree to
permit any other user of this Site to access, view, store, or reproduce
your Messages for that other user's personal use and not to restrict or
inhibit the use of this Site by any other person. Children under the
age of 13 are not authorized to post messages or participate in Forums
on this Site. You agree that all Messages and Submissions (as defined
below) submitted by you become our property without compensation to you
and may be used, copied, sublicensed, adapted, transmitted,
distributed, publicly performed and published, displayed or deleted as
we see fit in our sole discretion. You acknowledge and agree that all
Messages and Submissions may be routed through our servers and the
Internet and that, therefore, you have no expectation of privacy with
regard to such Messages and Submission. You acknowledge that the Forums
are forums for public and not private communications. Please keep in
mind that whenever you disclose personal information online such
information can be collected and used by people you do not know. We
cannot and do not guarantee the security of any information you
disclose online; YOU MAKE SUCH DISCLOSURES AT YOUR OWN RISK. MKETv.Com
reserves the right to turn over to law enforcement officials all
Messages and Submissions, emails, or other postings by you that are in
violation of these Terms of Service or applicable law. We also reserve
the right to comply with any order or otherwise cooperate with law
enforcement officials regarding the identification of any user alleged
to be using this Site in violation of the law.
7. All materials sent by you to us, including, but not limited to,
videos, posting to chats, survey responses, message board material,
contest entries and similar items, scripts, story lines, fan fiction,
characters, drawings, information, suggestions, ideas or concepts
(collectively, "Submissions") whether unsolicited or solicited shall be
deemed and shall remain our sole property in perpetuity without
compensation to you of any kind and you hereby automatically grant us
by assignment the entire right, title and interest in and to such
Submissions and you specifically acknowledge that the Submissions may
be edited for use. You also waive all so-called "moral rights" in all
Submissions. None of the Submissions shall be subject to any obligation
of confidentiality on our part and we shall not be liable for any use
or disclosure of any Submissions. You further waive the right to make
any claims against us relating to Submissions, including, but not
limited to, unfair competition, breach of implied contract and/or
breach of confidentiality.
8. You agree to indemnify and hold harmless MKETv, and its
subsidiaries, affiliates, directors, officers, agents, co-branders or
other partners, employees, agents, and contractors as wells their
respective successors, licensees and assigns from any claim or demand,
including attorneys' fees, made by any third party due to or arising
out of Content you submit, or transmit through MKETv.COM, your use of
MKETv.COM, your connection to MKETv.COM, your violation of these Terms
of Service, or your violation of Intellectual Property Rights, or any
other rights of another.
9. You agree that you will not reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of MKETv.Com, any
use of MKETv.Com, or any access to MKETv.Com.
10. MKETv reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, MKETv.Com (or any
part thereof) with or without notice. You agree that MKETv.Com shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of MKETv.Com.
11. Your communications or business dealings with, or participation in
promotions of, advertisers found on or through MKETv.Com, including
payment of money or other consideration and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such advertiser. You agree that MKETv shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on
MKETv.Com.
12. MKETv may provide, or third parties may provide, links to other
world wide web sites or resources on this Website. Because MKETv has no
control over such sites and resources, you acknowledge and agree that
MKETv shall not be responsible for the availability of such external
sites or resources, and that MKETv does not endorse and is not
responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that MKETv shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
13. You acknowledge and agree that MKETv.Com and any necessary software
used in connection with the MKETv.Com site ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that content contained in sponsor advertisements
or information presented to you through MKETv.Com or advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by MKETv or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on MKETv.Com or the
Software, in whole or in part. MKETv grants you a personal,
non-transferable and non-exclusive right and license to use the object
code of its Software on a single computer; provided that you do not,
and do not allow any third party to, copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use modified
versions of the Software, including, without limitation, for the
purpose of obtaining unauthorized access to MKETv.Com. You agree not to
access MKETv.Com by any means other than through the interface that is
provided by MKETv for use in accessing the MKETv.Com site.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF MKETv.COM IS
AT YOUR SOLE RISK. MKETv.COM IS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MKETv.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. (2) MKETv MAKES NO WARRANTY THAT (a) MKETv.COM WILL
MEET YOUR REQUIREMENTS, (b) MKETv.COM WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF MKETv.COM WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH MKETv.COM WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF MKETv.COM IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. (iv) NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM MKETv OR THROUGH OR FROM
MKETv.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
OF SERVICE.
Q. LIMITATION OF LIABILITY . YOU EXPRESSLY UNDERSTAND AND AGREE THAT
MKETv SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF MKETv HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE
MKETv.COM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM MKETv.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON MKETv.COM; OR (v) ANY OTHER MATTER RELATING TO MKETv.COM. 15.
EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
16. Notices to you may be made via either e-mail or regular mail. MKETv
may also provide notices of changes to the Terms of Service or other
matters by displaying notices or links to notices to you generally on
MKETv.COM.
17. All materials published on this Site (including but not limited to
articles, photographs, images, illustrations, audio clips and video
clips) are protected by copyrights which are owned and controlled by
MKETv or the party credited as the provider of the material. You shall
abide by all copyright notices and other restrictions contained in any
material accessed through this Site. No material from this Site may be
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the
materials on any single computer for your personal, noncommercial home
use, and may print one hard copy of the material on this Site for your
personal, noncommercial use, provided you keep intact all copyright and
other proprietary notices. Additionally, you may use the copy to blog
function for materials on this site in conformity with the provisions
thereof. You acknowledge that you do not acquire any ownership rights
by downloading or printing copyrighted material. Modification of the
materials or use of the materials for any purpose other than personal,
noncommercial use is a violation of the respective owners' copyrights
and other proprietary rights. The use of any such material on any other
Web site or networked computer environment is prohibited unless other
stated on this Website. All trademarks, service marks, and trade names
are proprietary to MKETv or the other designated owner of a posted
mark. Elements of this Site are protected by trade dress and other laws
and may not be copied or imitated in whole or in part. MKETv respects
the Intellectual Property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide MKETv the following
information: (a) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (b)
a description of the copyrighted work that you claim has been
infringed; (c) a description of where the material that you claim is
infringing is located on the site; (d) your address, telephone number,
and e-mail address; (e) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; (f) a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf. Any claims of copyright infringement on MKETv.COM can
be sent to info@MKETv.COM
18. The Terms of Service constitute the entire agreement between you
and MKETv, governs your use of MKETv.Com and supercedes any prior
agreements between you and MKETv. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The Terms of Service and
the relationship between you and MKETv shall be governed by the laws of
the State of North Carolina without regard to its conflict of law
provisions. You and MKETv agree to submit to the personal and exclusive
jurisdiction of the state and federal courts located within the county
of North Carolina. The failure of MKETv to exercise or enforce any
right or provision of the Terms of Service shall not constitute a
waiver of such right or provision. If any provision of the Terms of
Service is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the Terms of Service remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of MKETv.COM or the Terms of Service must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The
section titles in the Terms of Service are for convenience only and
have no legal or contractual effect.
19. Please report any violations of the Terms of Service to us at team@MKETv.com.