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Terms
and Conditions of Use
for the marketspacetech.com Website
Use of the marketspacetech.com Website (the "Site") is subject to your (the
"Viewer") compliance with the Terms and Conditions (the "Agreement")
set forth below. Please read this document in its entirety before accessing or using
the Site. By accessing or using the Site, Viewer acknowledges that Viewer has read,
and agrees to be bound by, this Agreement. If the Viewer does not wish to be bound
by the terms outlined, in whole or in part, the Viewer may not access or use the Site.
MarketSpace Technologies, Inc. ("MST") reserves the right to modify this
Agreement at any time. Modifications made by MST shall become effective immediately
upon posting of the modified Agreement on the Site. Periodically, the Viewer must
review this Agreement to be aware of such modifications as Viewer's continued access or
use of the Site shall be deemed Viewer's conclusive acceptance of the modified Agreement.
- COPYRIGHT
- Viewer acknowledges that this site contains information, communications, photographs,
text, graphics, images, scripts, Applets and other material and services (collectively
called the "Content"), which is provided by MST. Viewer agrees and
acknowledges that, notwithstanding, MST permits access to the Content, and that the
Content is protected by copyrights, trademarks, and other proprietary (including
intellectual property) rights (collectively called "Rights"), these Rights are
valid and protected in all media now existing or later developed, and that, except as
specifically provided in this Agreement, Viewer's use of the Content shall be governed and
constrained by applicable copyright, trademark and other intellectual property laws.
-
- In addition to MST's Rights in individual elements of the Content, MST owns copyright in
the selection, coordination, arrangement and enhancement of the Content. Viewer may
not modify, copy, reproduce, perform, display, republish, transmit, upload, post,
distribute, give, sell, transfer, create derivative works or incorporate into
another website, or in any other way exploit any of the Content in whole or in part.
-
- Viewer may print and download portions of the material from the various areas of the
Site exclusively for the Viewer's own non-commercial use, provided that Viewer agrees not
to change or delete any copyright or proprietary notices from the materials.
-
- MarketSpace Technologies, MST, and MST, Inc., marketspacetech.com, MST Logo and/or any
other MST names or its publications, products, services or content referenced herein or on
the Site are exclusive trade names, trademarks or servicemarks of MarketSpace
Technologies, Inc. Other product, service, brand or company names mentioned in the
Site may be trademarks or servicemarks of their respective owners.
- DISCLAIMER
- The Content contained, made available on, or accessed through, this Site are provided
"AS IS". MST and its officers, directors, employees, agents, shareholders,
subsidiaries and affiliates do not make any express or implied warranties, representations
or endorsements whatsoever (including, without limitation, warranties of title or
noninfringement, or the implied warranties of merchantability or fitness for a particular
purpose) for the Content contained in this Site or the information and functions made
accessible by the software used herein or for any products or services or hypertext links
to any third parties. MST does not warrant or guarantee that the information and
functions contained in the Content will be uninterrupted or error-free, that defects will
be corrected, or that this Site or the server that makes it available are free of viruses
or other harmful components.
-
- Viewer understands that MST has no control, makes no representation and accepts no
responsibility, over the Internet and Websites that may be accessed through this Site, or
which may link to this Site. When accessing a non-MST Website, understand that it is
independent from MST and that MST has no control over the content on that Website.
Additionally, a link to an MST Site does not reflect an endorsement nor acceptance of any
responsibility for the content, or the use, of such Website. Furthermore, the
Internet contains unedited materials, some of which are sexually explicit or may be
offensive to Viewer. Viewer access to such materials is at Viewer's own risk
- LIMITATION OF LIABILITY
- In no event and under no circumstances, including, but not limited to, negligence, shall
MST be liable for any incidental, consequential, indirect or special (including, but not
limited to, damages for loss of profits, business interruption, loss of programs or
information) damages as a result of the use, or inability to use the Site, or any
information or transactions provided on, downloaded from, the Site, or any delay of such
information, transaction or service. Even if MST or MST authorized representatives
have been advised of the possibility of such damages, or any claim attributable to errors,
omissions, or other inaccuracies in the Site and/or Content downloaded through the
Site. Some jurisdictions may not allow the exclusion or limitation of liability for
consequential or incidental damages, so the above limitation or exclusion may not apply to
Viewer. In those jurisdictions, MST's total liability is limited to the greatest
extent permitted by law. In no event shall MST's total liability to Viewer, for all
damages, losses, and causes of action [whether in contract, tort (including, but not
limited to, negligence) or otherwise] exceed the amount paid to MST by Viewer, if any, for
accessing this site.
-
- RESTRICTIONS OF USE
- MST and its officers, directors, employees, agents, shareholders, subsidiaries and
affiliates may create, use and/or distribute activity reports or other abstracts or
descriptions of any or all material and information provided by Viewer to this site or any
derivative work, except that we will not disclose any non-public information identifiable
to any particular Viewer without such Viewer's approval, unless required by any government
agency or by law.
-
- Viewer shall not transmit any material or information to MST or to this Site which
infringes on any copyright or other proprietary rights of any other person or
organization.
-
- IDEA SUBMISSIONS
- The Viewer agrees to grant to MST a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or improved
products and services) that Viewer submits to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by Email to MST by all means and in any media
now known or hereafter developed. Viewer also grants to MST the right to use the
Viewer's name in connection with the submitted materials and other information as well as
in connection with all advertising, marketing and promotional material related thereto.
Viewer agrees that Viewer shall have no recourse against MST for any alleged or
actual infringement or misappropriation of any proprietary right in Viewer's
communications to MST.
-
- INDEMNIFICATION
- You agree to indemnify, defend and hold harmless MST, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers to the
Site from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement (including negligence or
wrongful conduct) by Viewer or any other person accessing this Site.
-
- TERM AND TERMINATION
- This Agreement may be terminated by MST or Viewer at any time, for any reason, without
notice. The provisions contained herein shall survive any termination of this
Agreement.
- MISCELLANEOUS
- This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington, without giving effect to any principles of conflicts of law.
Viewer agrees that any legal action or proceeding between MST and Viewer shall be brought
exclusively to a federal or state court of competent jurisdiction residing in King County,
Washington. Any claim or cause of action Viewer may have against MST must be
commenced within one (1) year after the claim or cause of action arises or such claim or
cause of action is barred.
-
- MST's failure to insist upon, or otherwise enforce, strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct nor trade practice shall act to modify any provision of this
Agreement. MST may assign its rights and duties under this Agreement to any party at
any time without notice to Viewer.
-
- If any provision of this agreement shall be found unlawful, void, or, for any reason,
unenforceable, by a competent jurisdiction, then that provision shall be deemed severed
from this Agreement and shall not affect the validity and enforceability of any remaining
provisions. This is the entire Agreement between the parties relating to the subject
matter herein. MST may, at any time, for any reason, modify this Agreement without
prior notification to any particular Viewer.
Any rights not expressly granted herein are reserved.
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