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.
What type of personal information do we collect?
We collect certain personal information about visitors and users of our Sites. The most common types of information we collect are things like: user names, member names, email addresses, other contact details, payment information such as payment agent details, transactional details, support queries, forum comments and web analytics data. We may also collect personal information from job applications and this information may be used to assess an applicant’s suitability for employment. Information or an opinion is your “personal information” if it is about you as an identified or identifiable individual.
How we collect personal information
We may collect personal information directly when you provide it to us, automatically as you navigate through the Sites or through other people when you use services associated with the Sites.
When you provide personal information to us via the Sites you’re consenting to us collecting and using that information in line with this policy and the user terms of each of the Sites. You are likely to provide personal information when you complete membership registration and buy or provide items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.
If you choose not to provide personal information, we may not be able to provide you with our services and you may not be able to carry out transactions or access the full range of features available through our Sites.
Personal information we collect about you from others
Although we generally collect personal information directly from you, we may on occasion also collect information about you from other people and by using tracking technologies such as cookies, web beacons and other web analytics software or services.
How do we use personal information?
We may use your personal information in order for us to:
operate the Sites and provide you with services described on the Sites, like to verify your identity when you sign in to any of our Sites, to facilitate and process transactions that take place on the Sites, to respond to support tickets and to help facilitate the resolution of any disputes
customise our services and websites, like advertising that may appear on the Sites, in order to provide a more personalised experience
update you with operational news and information about our Sites and services like to notify you about changes to our Sites, website disruptions or security updates
provide you with information that you request from us or, where we have your consent to do so, provide you with marketing information about products and services which we feel may interest you
carry out technical analysis to determine how to improve the Sites and services we provide
monitor activity on the Sites, like to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Sites
manage our relationship with you, like by responding to your comments or queries submitted to us on the Sites or asking for your feedback or whether you want to participate in a survey
manage our legal and operational affairs
provide general administrative and performance functions and activities.
How do we store your personal information?
We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location. Personal information that we store is subject to security and access controls, including username and password authentication and data encryption where appropriate.
How can you access your personal information?
You can access some of the information that we collect about you by logging in to your account. You also have the right to make a request to access other information we hold about you and to request corrections of any errors in that information. You may also close the account you have with us for any of our Sites at any time. To make an access or correction request, contact our privacy champion using the contact details at the end of this policy.
Choices regarding control of your personal information
Where we have your consent to do so (e.g if you have subscribed to one of our e-mail lists or have otherwise indicated that you are interested in receiving offers or information from us), we may send you marketing communications about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future.
If your e-mail address has changed and you would like to continue to receive our e-mails, you will need to access your account and update your e-mail address information in your account and sign-up again for those e-mails that you want to receive.
If we send e-mails with commercial content we will generally include an “unsubscribe” facility that you can use to opt-out of further communications – to opt-out, just follow the instructions in the e-mail. We might not include an opt-out facility in important operational and service-based e-mails concerning things like your purchases, the user terms, important updates and need-to-know messages. By using our Sites you agree that we do not need to include opt-out facilities in those messages.
You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.
Cookies and web analytics
Cookies are used to enhance your use of the Sites, such as remembering that you are logged in. You are able to minimise or block cookies using the privacy settings in your internet browser, but this may restrict your use of the Sites. For general information on cookies, see http://www.allaboutcookies.org.
When you visit our Sites, there’s certain information that’s recorded which is generally anonymous information and may not reveal your true super-hero identity. The fancy term for this is ‘web analytics information’, and we only use this information for statistical and website development purposes and to improve our services to you. If you’re logged into your account some of this information could be associated with your account. We’re talking about the following kinds of details:
your IP or proxy server IP
basic domain information
your Internet service provider is sometimes captured depending on the configuration of your ISP connection
the date and time of your visit to the website
the length of your session
the pages which you have accessed
the number of times you access our site within any month;
the size of file you look at
the website which referred you to our Sites
the operating system which your computer uses
When we need to update this policy
We may need to change this policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our privacy management practices. When we do amend the policy, the changes will be effective straightaway. We’ll usually publish information about changes to be made to this policy on our Sites – but please be aware that it is your responsibility to check in and make sure you keep up to date with any changes to this policy.
How can you contact us?
If you have any questions about our privacy practices, please contact us on firstname.lastname@example.org.
What we do with your personally identifiable information
It is always up to you whether to disclose personally identifiable information to us, although if you select not to do so, we reserve the right not to register you as a user or provide you with any services. “Personally identifiable information” means information that can be used to identify you as an individual, such as, for example:
your name, company, email address, phone number, billing address, and shipping address
your MARBNET user ID and password
credit card information
any account-preference information you provide us
your computer’s domain name and IP address, indicating where your computer is located on the Internet
session data for your login session, so that our computer can ‘talk’ to yours while you are logged in
If you do provide personally identifiable information to us, either directly or through a reseller or other business partner, we will:
not sell or rent it to a third party without your permission — although unless you opt out (see below), we may use your contact information to provide you with information we believe you need to know or may find useful, such as (for example) modifications to the Terms of Service;
take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
not use or disclose the information except:
as necessary to provide services you have ordered;
in the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
as required by law, for example, in response to a subpoena or search warrant;
as necessary to enforce the Terms of Service;
as necessary to protect the rights, safety, or property of MARBNET, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.
Other information we collect
We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our Web site(s); research and development; customer and account administration; and to help us focus our marketing efforts more precisely.
MARBNET uses “cookies” to store personal data on your computer. We may also link information stored on your computer in cookies with personal data about specific individuals stored on our servers. If you set up your Web browser (for example, Internet Explorer or Firefox) so that cookies are not allowed, you might not be able to use some or all of the features of our Web site(s).
External data storage sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Your privacy responsibilities
To help protect your privacy, be sure:
not to share your user ID or password with anyone else;
to log off the MARBNET Web site when you are finished;
to take customary precautions to guard against “malware” (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software.
Notice to European Union users
MARBNET‘s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.
Information collected from children
You must be at least 18 years old to use MARBNET‘s Web site(s) and services. MARBNET does not knowingly collect information from people under 18 years old.