1.1 This agreement governs your use of the Mart Resources information service (the “Service”), including Discussion Areas, which is operated by Mart Resources,(“Mart Resources”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as this “Agreement.”
1.2 Mart Resources reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Mart Resources as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
- Use of Content
2.1 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Mart Resources or third parties. All Content on the Service is copyrighted as a collective work of Mart Resources pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to Mart Resources the right to edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own personal noncommercial use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Mart Resources or the owners of such Content or their authorized persons, if other than Mart Resources. You may download from the Service any Content in the public domain for your own personal use or for non-commercial redistribution.
- No Endorsement
3.1 Mart Resources does not represent or endorse the accuracy or reliability of any Content posted on any Interactive Area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users represents the views of the user posting the statement, and does not represent the views of Mart Resources.
3.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that Mart Resources is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold Mart Resources and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Mart Resources Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Mart Resources Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Mart Resources reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Mart Resources’s defense of such claim.
- Disclaimer of Warranties; Limitation of Liability.
5.1 Neither Mart Resources nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error free; nor does Mart Resources, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the service or the content. The service and the content are distributed on an “As is, as available” basis. None of Mart Resources, third party content providers and their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service. Neither Mart Resources nor any third party content provider warrants that any files available for downloading through the service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.
5.2 Neither Mart Resources, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.