AGREEMENT BETWEEN USER AND MARKETBOLT.COM (Updated 08/14/2013)
The MarketBolt Web Site is comprised of various Web pages operated by MarketBolt Solutions.
The MarketBolt Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MarketBolt Web Site constitutes your agreement to all such terms, conditions, and notices.
MarketBolt reserves the right to change the terms, conditions, and notices under which the MarketBolt Web Site is offered, including but not limited to the charges associated with the use of the MarketBolt Web Site.
You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable outside of our money-back guarantee. There will be no refunds or credits for partial months of service or for periods in which your account remains open but you do not use the Services.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.
At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.
CANCELATION AND TERMINATION
You may cancel your Subscription at any time in your billing panel at https://marketbolt.com/account/login in the payment history section. Here are instructions on how to do so: https://marketbolt.zendesk.com/hc/en-us/articles/202698839-Cancelling-Your-Subscription. It is the responsibility of the user to cancel the account following these instructions. If you are on a free 7-day trial you must cancel before the 8th day in order to prevent your credit card or PayPal account from being charged for the billing plan you selected when you signed up.
You will remain liable for all charges accrued on your Account up to the time that you cancel or downgrade, including full monthly fees for the month in which you canceled your account. MarketBolt is under no obligation to store your Content and may delete your Account and your Content immediately upon. MarketBolt may keep your Account and your Content indefinitely following the cancellation.
MarketBolt reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. MarketBolt also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas. MarketBolt reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
MarketBolt offers a one-time 7-Day Free Trial period to all new subscribers, giving them the opportunity to evaluate the service before paying. If you do not want to continue your subscription past the free trial period simply contact our support desk before the 7 days are up, and you will not be charged for your subscription on the 11th day. Once the 7-Day Trial is over and if you decide to keep your subscription active, you will be charged either monthly or annually based on the plan you chose when you signed up. We are unable to provide partial or full refunds on subscription payments, once your 7-day free trial is over.
LINKS TO THIRD PARTY SITES
Our website and service contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.
Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.
We permit links to our website if they do not imply an endorsement by, or affiliation with, our website.
We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. To report problems with links on our website, or for more information about this policy, please send an e-mail to firstname.lastname@example.org.
Please note that the content of this page can change without prior notice.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MarketBolt Web Site, you warrant to MarketBolt that you will not use the MarketBolt Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MarketBolt Web Site in any manner which could damage, disable, overburden, or impair the MarketBolt Web Site or interfere with any other party’s use and enjoyment of the MarketBolt Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MarketBolt Web Sites.
PROHIBITED CONTENT POLICY
1. It is a condition of use of this Website and the Services that a User will not post any Prohibited Content as set out below. Defined terms have the same meaning as set out in our terms and conditions. A User will not:
a. publish falsehoods or misrepresentations that could damage MARKETBOLT or any third party;
b. submit/publish Content or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage such conduct that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
c. post or encourage an illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to embedding copy-written videos, images, pdfs, files and other media unless sharing is permitted of such works or you own the copyright; providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
d. submit material that is otherwise subject to third party rights unless the User has the relevant permission to use such material and publish it on the Website; or
e. impersonate another person;
2. Any Content which includes any of the Content set out at clause 1 is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed in clause 1 to be Prohibited Content.
3. MARKETBOLT reserves the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this Agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and the User’s details to the appropriate law enforcement agencies, removing the Prohibited Content from our Website and terminating the User’s Membership.
4. We reserve the right to terminate access to our Website and our Services if a User is, in our absolute discretion, deemed to be a Repeat Infringer.
5. If a User believes that posted Content contains Prohibited Content, please contact us at email@example.com with the following and we will look into it asap:
– The URL of that contains the prohibited content
– The type of prohibited content (video,image,etc.)
6. Upon receipt of reported prohibited content, we will adopt the procedure as set out below: We will consider the notification within 48 hours of receipt. We will assume that the complaint is justified unless it is manifestly frivolous or lacking in merit.
a. If we consider the complaint to be justified, we will remove the Content from the Website and will raise the complaint with the User.
b. If we consider the complaint not to be justified, we will raise the complainant’s complaint with the User but will not remove the Content from the Website. We will inform the Complainant of our reasons for keeping the Content posted.
c. If a User is alerted to a complaint by us via email, the User will have 7 days to respond to the complaint. If the User does not respond to a complaint, we will remove the Content from the Website.
d. If the User considers the complaint to be without merit, the User must respond to the complaint within 7 days and give his or her reasons. Such response will be forwarded by MARKETBOLT to the complainant. The complainant will then be able to decide whether the matter is resolved or whether the complainant wishes to pursue alternative dispute resolution or take the matter to the courts.
7. If we consider the Member content to include Prohibited Content, we may at our sole discretion act in accordance with paragraph 2.
If the alleged breach is in relation to claimed intellectual property rights of the complainant, and if we consider the Member content not to be in breach of this policy, it will be up to the complainant and the User either come to an agreement or such a decision is made pursuant to completed alternative dispute resolution.
BREACH OF INTELLECTUAL PROPERTY
If you believe that your intellectual property has been infringed by its use in on a members website or web page, please contact us as soon as possible at firstname.lastname@example.org and provide us with the following information:
– The URL of that contains the infringed content
– The type of infringed content (video,image,etc.)
– Evidence that supports your claim that you own the copyright to the content
Please refer to the Prohibited Content Policy above and the DMCA Notice for further information pertaining to our reported content and the dispute resolution process.
USE OF THE PLATFORM & COMMUNICATION SERVICES
The MarketBolt Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using MarketBolt, you will not:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
* Advertise or offer to sell or buy any goods or services unrelated to MarketBolt.
* Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
* Violate any applicable laws or regulations.
MarketBolt has no obligation to monitor the Communication Services. However, MarketBolt reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MarketBolt reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MarketBolt reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MarketBolt’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MarketBolt does not control or endorse the content, messages or information found in any Communication Service and, therefore, MarketBolt specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MarketBolt spokespersons, and their views do not necessarily reflect those of MarketBolt.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MARKETBOLT OR POSTED AT ANY MARKETBOLT WEB SITE
MarketBolt does not claim ownership of the materials you provide to MarketBolt (including feedback and suggestions) or post, upload, input or submit to any MarketBolt Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MarketBolt, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. MarketBolt is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MarketBolt’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community.
We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.
If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately.
If you have additional questions, comments or concerns, please contact us by sending an e-mail to email@example.com and providing us with information relating to your concern.
Please note that the content of this page can change without prior notice.
Our users agree to not send spam and to adhere to all of the terms of service listed on this page. If you believe any of our customers are in violation of the terms of service, please contact us via email at firstname.lastname@example.org
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MARKETBOLT WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARKETBOLT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MARKETBOLT WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MARKETBOLT WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MARKETBOLT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MARKETBOLT WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MARKETBOLT.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : admin@MarketBolt.com
MarketBolt reserves the right, in its sole discretion, to terminate your access to the MarketBolt Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Province of British Columbia, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the MarketBolt Web Site. Use of the MarketBolt Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MarketBolt as a result of this agreement or use of the MarketBolt Web Site. MarketBolt’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MarketBolt’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MarketBolt Web Site or information provided to or gathered by MarketBolt with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MarketBolt with respect to the MarketBolt Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MarketBolt with respect to the MarketBolt Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the MarketBolt Web Site are: Copyright 2013 by MarketBolt and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.