TERMS OF SERVICE AND CONDITIONS FOR MARKETHEIST, LLC.
TERMS AND CONDITIONS
1. The Service and Terms
marketHEIST Service displays postings, messages, text, files, images, photos, videos, audio, and other materials (“Content”) as part of articles written by our editors and approved contributors.
- Content licensed from photographic archive and video vendors
- Content supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
- Content submitted by contributors and readers, with the implied representation that the person submitting the material owns the copyright in the material and the right to give it to us for use on our site(s)
- Material published on Flickr or other public photo / video sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
- Material commissioned by marketHEIST
- Material that we believe to be covered by the Fair Use Doctrine, taking into account factors such as:
1. The purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody
2. The nature of the copyrighted work (i.e. factual or newsworthy vs creative works)
3. The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution Material used for no more than to convey the point made)
4. The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed in any event)
marketHEIST Service provides the Content “as is” and marketHEIST shall not be held liable for your use of the information or the feeds. marketHEIST accepts no liability for the loss of any user information or for the failure of any feature or service to operate properly.
Furthermore, the marketHEIST Service and Content may contain links to other websites. marketHEIST makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk and we recommend that you do so carefully. marketHEIST does not pre-screen or approve Content submitted by approved contributors. marketHEIST has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the marketHEIST Service, for violating the letter or spirit of the Terms or for any other reason.
3. Copyrights and Trademarks
Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. marketHEIST and the marketHEIST logo, icons and marks identifying marketHEIST products and services are trademarks of the marketHEIST and may not be used without the written consent of the marketHEIST. You may not copy, reproduce, distribute, or create derivative works of the marketHEIST Service without marketHEIST’s express written authorization. You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the marketHEIST Service. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. marketHEIST respects the intellectual property of others and we require that our users do the same.
4. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify marketHEIST and we will address your concerns. Please provide us with the following Notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the marketHEIST site that you claim is infringing, providing the exact permanent URL for the page containing the material;
- 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;
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
marketHEIST will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
5. Privacy and Information Disclosure
6 . Conduct
The comments sections, user review sections, and live-event chat rooms (“Public Forums”) are publicly accessible. In order to make our Public Forums useful and interesting, the following guidelines have been established:
- Do not post material that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way;
- Do not post material that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- Do not post material that impersonates any person or entity, including, but not limited to, a marketHEIST employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
- Do not post material that includes personal or identifying information about another person without that person’s explicit consent.
- Do not post material that false, deceptive, misleading, deceitful, or misinformative.
- Do not post material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Do not post material that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
- Do not post material that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
Please note that once you post content in our Public Forums, it becomes part of the public conversation. We will not remove a user’s comments unless we deem them to be in violation of our Terms of Service. So if you want to say something that you will later regret personally, it is advisable that you use a username that does not identify you. However, marketHEIST reserves the right to remove comments entirely at its discretion, including for alleged violations of Terms of Service or legal rights.
7. Limitations on Service
You acknowledge that marketHEIST may establish limits concerning use of the marketHEIST Service, including the maximum number of days that Content will be retained by the marketHEIST Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the marketHEIST Service, and the frequency with which you may access the marketHEIST Service. You agree that marketHEIST has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that marketHEIST reserves the right at any time to modify or discontinue the marketHEIST Service (or any part thereof) with or without notice, and that marketHEIST shall not be liable to you or to any third party for any modification, suspension or discontinuance of the marketHEIST Service.
8. Termination of Service
You agree that marketHEIST in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the marketHEIST Service, for any reason, including, without limitation, if marketHEIST believes that you have violated these Terms. Further, you agree that marketHEIST shall not be liable to you or any third-party for any termination of your access to the marketHEIST Service. Further, you agree not to attempt to use the marketHEIST Service after said termination.
9. Dealings with Organizations and Individuals
Your interactions with third-party organizations found on or through the marketHEIST Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that marketHEIST shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between between users and any third party, you understand and agree that marketHEIST is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release marketHEIST, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10 . Disclaimer of Warranties
YOU AGREE THAT USE OF THE MARKETHEIST SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETHEIST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MARKETHEIST SITE AND THE MARKETHEIST SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETHEIST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MARKETHEIST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE MARKETHEIST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETHEIST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MARKETHEIST SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. Limitations of Liability
IN NO EVENT SHALL MARKETHEIST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , RESULTING FROM ANY ASPECT OF YOUR USE OF THE MARKETHEIST SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MARKETHEIST SITE OR THE SERVICE, FROM INABILI TY TO USE THE MARKETHEIST SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MARKETHEIST SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MARKETHEIST SITE OR THE SERVICE OR ANY LINKS ON THE MARKETHEIST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MARKETHEIST SITE OR THE SERVICE OR ANY LINKS ON THE MARKETHEIST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold the marketHEIST site , its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. Venue, Jurisdiction, and Severability
The Terms and the relationship between you and marketHEIST shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and marketHEIST agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of marketHEIST to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.