MARBNET.COM is the interactive online service operated by MARBNET LTD (“MARBNET”) on the Internet, consisting of information services and content provided by MARBNET, MARBNET affiliated companies and third parties.
(A) This MARBNET End User Agreement (the “Agreement”), which incorporates by reference other provisions applicable to use of MARBNET.COM, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof (“Supplemental Terms”) governing the use of certain specific material contained in MARBNET.COM, sets forth the terms and conditions that apply to use of MARBNET.COM by each end user thereof (“End User”). By using MARBNET.COM (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use MARBNET.COM is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password, if any.
(B) MARBNET shall have the right at any time to change or discontinue any aspect or feature of MARBNET.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.
MARBNET shall have the right at any time to change or modify the terms and conditions applicable to End User’s use of MARBNET.COM, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on MARBNET.COM, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of MARBNET.COM by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modifications or additions.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of MARBNET.COM and all charges related thereto.
End User Conduct
(A) End User shall use MARBNET.COM for lawful purposes only. End User shall not post or transmit through MARBNET.COM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MARBNET’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in MARBNET’s discretion restricts or inhibits any other End User from using or enjoying MARBNET.COM will not be permitted. End User shall not use MARBNET.COM to advertise constantly or perform any commercial solicitation, including, but not limited to, the solicitation of users of MARBNET.COM to become users of other on-line services competitive with MARBNET.COM.
(B) MARBNET.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of MARBNET.COM are copyrighted as a collective work under the Cyprus copyright laws. MARBNET owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download a small portion of copyrighted material for End User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MARBNET and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) End User shall not upload, post or otherwise make available on MARBNET.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with End User. End User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of MARBNET.COM, End User automatically grants, or warrants that the owner of such material has expressly granted MARBNET the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other End User to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants MARBNET the right to edit, copy, publish and distribute any material made available on MARBNET.COM by End User.
(D) The foregoing provisions of Section 5 are for the benefit of MARBNET, MARBNET affiliated companies and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of Liability
(A) END USER EXPRESSLY AGREES THAT USE OF MARBNET.COM IS AT END USER’S SOLE RISK. NEITHER MARBNET, MARBNET AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT MARBNET.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MARBNET.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH MARBNET.COM.
(B) MARBNET.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT MARBNET IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
(D) IN NO EVENT WILL MARBNET, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MARBNET.COM OR THE MARBNET.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MARBNET.COM. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON MARBNET.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MARBNET, NOR MARBNET AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MARBNET.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
MARBNET shall have the right, but not the obligation, to monitor the content of MARBNET.COM, including chat rooms, forums, activity, streams, listings and reviews, to determine compliance with this Agreement and any operating rules established by MARBNET and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, MARBNET shall have the right to remove any material that MARBNET, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User agrees to defend, indemnify and hold harmless MARBNET, MARBNET affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of MARBNET.COM by End User.
Either MARBNET or End User may terminate this Agreement at any time. Without limiting the foregoing, MARBNET shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which MARBNET, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
MARBNET is a trademark of MARBNET LTD. All rights reserved. All other trademarks appearing on MARBNET.COM are the property of their respective owners.
Third Party Content
MARBNET is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, MARBNET has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, End Users or any other user of MARBNET.COM, are those of the respective author(s) or distributor(s) and not of MARBNET. Neither MARBNET nor any third-party provider of information guarantees the accuracy, right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on MARBNET.COM, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through MARBNET.COM represents the opinions and judgments of the respective information provider, End User, or other user not under contract with MARBNET. MARBNET neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on MARBNET.COM by anyone other than authorized MARBNET employee spokespersons while acting in their official capacities. Under no circumstances will MARBNET be liable for any loss or damage caused by an End User’s reliance on information obtained through MARBNET.COM. It is the responsibility of End User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through MARBNET.COM.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from MARBNET, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via MARBNET. You understand that MARBNET does not control, and is not responsible for Content made available, and that by using MARBNET.COM, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the MARBNET site and Content available, may contain links to other websites, which are completely independent of MARBNET. MARBNET 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. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MARBNET be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via MARBNET.COM. You acknowledge that MARBNET does not pre-screen or approve Content, but that MARBNET shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via MARBNET.COM, for violating the letter or spirit of the Terms or for any other reason.
You acknowledge that MARBNET may establish limits concerning use of MARBNET.COM, including the maximum number of days that Content will be retained, the maximum number and size of postings or other Content that may be transmitted or stored by MARBNET.COM. You agree that MARBNET has no responsibility or liability for the deletion or failure to store any Content maintained by MARBNET. You acknowledge that MARBNET reserves the right at any time to modify or discontinue any service (or any part thereof) with or without notice, and that MARBNET shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Dealings with Third Parties
Your interactions with organizations and/or individuals found on or through MARBNET.COM, 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 MARBNET 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 participants on this site, or between users and any third party, you understand and agree that MARBNET is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MARBNET, 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.
Credit card payments are made through a secure site. We accept Visa, MasterCard, American Express, Discover, and Diners Club. Once we receive your order, you will be emailed a confirmation.
All membership order sales are final. Once purchased, orders cannot be cancelled and are nonrefundable after fourteen (14) days have passed since the purchase date.
This Agreement and any operating rules for MARBNET.COM established by MARBNET constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.