These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms of use. These terms of use are subject to change by MARKETS & LANGUAGES INTERNATIONAL CORP. (MLI) at any time and at our discretion without notice. Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by MLI, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of MLI. For information on requesting such permission, please contact us at contact at: customersupport [at] marketslanguages [dot] com.
2. END USER LICENSE AGREEMENT
If you purchase a license to use our Webmaster Whacker™ Software, then you will be subject to the terms of our current End User License Agreement.
3. DATA COLLECTION
By using this site or another site that uses our Webmaster Whacker™ Software, you agree and understand that we may collect certain data to help us confirm that you and/or other Webmaster Whacker™ end-users are complying with the provisions of this Terms of Use Agreement and/or the End User License Agreement. More details on the data that we collect can be found in our Privacy Policy at https://www.webmasterwhacker.com/login/privacy.php.
4. UNAUTHORIZED CONTENT OR USES
You agree that you will not use this site or any site that uses our Webmaster Whacker™ Software in any manner to create, upload, link to, or hot-link to any materials that include:
• illegal activities of any kind,
• activities that violate state or federal laws,
• adult/sexual or immoral content,
• gambling content,
• content promoting and/or selling pharmaceutical products,
• profanity,
• occult,
• hate speech,
• racism,
• libelous or slanderous content,
• advocating or glorifying violence,
• religious acts that ridicule or shock followers,
• sweepstakes or free offers that do not disclose the full terms and conditions,
• certification and/or compliance programs (such as BBB or SSL certifications) that are untrue or cannot be verified, and/or
• materials that violate the intellectual property rights of a third party.
You further agree that you shall not use this site or any site that uses our Webmaster Whacker™ Software to send unsolicited commercial e-mails to people who did not specifically subscribe, in person, to your e-mail list while visiting the web site created by yourself or your web consultant using our Webmaster Whacker™ Software. You further agree that you shall not use this site or any site that uses our Webmaster Whacker™ Software to send any e-mails that violate the CAN SPAM ACT of 2003.
5. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site or another site using our Webmaster Whacker™ Software in a way that constitutes copyright infringement, you may notify us at contact at: customersupport [at] marketslanguages [dot] com.
6. THIRD PARTY REFERENCES / HYPERLINKS
The sites of the end-users who utilize our Webmaster Whacker™ Software may link your own site(s) to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. None of these sites are not under the control of MLI, and you acknowledge that MLI is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply either endorsement of the site by MLI or any association of MLI with its operators.
7. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MLI AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MLI OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MLI’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. INDEMNIFICATION
Upon a request by MLI, you agree to defend, indemnify, and hold MLI and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.
10. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and MLI with respect to this site and supersedes all prior or contemporaneous communications between you and MLI with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
11. JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida. You hereby consent to binding arbitration in the State of Florida to resolve any disputes arising under this Terms of Use.
Date: January 8, 2010
Copyright © 2010 Markets & Languages International Corp.
