Terms of Service
These are the Marketing Mastermind Terms of Service.
Marketing Mastermind Website Agreement
The Marketing Mastermind Website (the "Site") is an online information service provided by Marketing Mastermind ("Marketing Mastermind"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Marketing Mastermind MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Marketing Mastermind, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Marketing Mastermind 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) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Marketing Mastermind by all means and in any media now known or hereafter developed. You also grant to Marketing Mastermind the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Marketing Mastermind for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Marketing Mastermind.
2. Trademarks.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Marketing Mastermind. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Marketing Mastermind, Marketing Mastermind does not operate, control or endorse any information, products or services on the Internet in any way. Except for Marketing Mastermind-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Marketing Mastermind.
You also understand that Marketing Mastermind cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You agree not to promote anything illegal, unethical, or potentially offensive through Marketing Mastermind via use of the links, ads, emails, or any other way.
You agree not to directly or indirectly circumvent, tamper with or defeat the intent, purpose and/or functionality of Marketing Mastermind.
You also understand that you may receive emails with promotional offers from both the administrators of the Site and other members.
You understand that violation of these terms can be cause for immediate termination of your account.
4. Online Safety.
We try to keep Marketing Mastermind safe, but we cannot guarantee it. We need your help in order to do that, so we require you to abide by these rules:
- You will not access an account belonging to someone else.
- You will not harass, bully or intimidate any user.
- You will not send or post spam or other unauthorized commercial communications to users.
- You will not solicit login information from another user.
- You will not collect users' information, or access Marketing Mastermind in an automated manner (for example, using spiders, scrapers, robots or harvesting bots) without our permission.
- You will not upload trojans, worms, viruses, XSS scripts or other malicious code.
- You will not use Marketing Mastermind to do anything that is against the law, malicious, misleading or discriminatory.
- You will not send or post content or cause Marketing Mastermind to send or post content that is pornographic, lewd, tasteless, threatening, racist, hateful or that contains nudity or graphic or gratuitous violence.
- You will not develop, host or operate a third-party application that markets alcohol, tobacco products or mature content without appropriate age-based restrictions.
- You will not encite, encourage or enable any violations of this agreement.
5. Account Security.
We depend on the members of the Site to help police the Site and keep it secure and accurate in order to encourage a free, open and honest sharing of ideas and informaton. In order to do that, we require that:
- You will not provide any false personal information on Marketing Mastermind, or create an account for anyone other than yourself without permission.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- You will not use Marketing Mastermind if you are under 13.
- You will not use Marketing Mastermind if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
- You will not use Marketing Mastermind if you are a convicted sex offender.
6. Protecting The Rights of Other People.
As you would expect your rights to be respected, we require that you respect others rights:
- You will not post anyone's identification documents or sensitive financial information on Marketing Mastermind.
- You will not post content or take any action on Marketing Mastermind that violates a law or infringes upon someone else's rights.
- You will not use our copyrights, trademarks or servicemarks, including Marketing Mastermind, without our written permission.
- If you collect information from users, you must first obtain their consent and make it clear you (and not Marketing Mastermind) are the one collecting their information, and provide or post a privacy policy explaining what information you will collect and how you will use it.
- If you repeatedly infringe other people's intellectual property rights, we will disable or remove your account when appropriate.
- We can remove any content you post on Marketing Mastermind if we believe that it violates this agreement.
7. Limitation of Liability.
IN NO EVENT WILL Marketing Mastermind BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Marketing Mastermind OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Marketing Mastermind LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Marketing Mastermind PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES 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) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND Marketing Mastermind SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. Marketing Mastermind DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Marketing Mastermind HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Marketing Mastermind makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-Marketing Mastermind website, please understand that it is independent from Marketing Mastermind, and that Marketing Mastermind has no control over the content on that website. In addition, a link to a Marketing Mastermind website does not mean that Marketing Mastermind endorses or accepts any responsibility for the content, or the use, of such website.
8. Indemnification.
You agree to indemnify, defend and hold harmless Marketing Mastermind, 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 negligent or wrongful conduct) by you or any other person accessing the Site.
9. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 8 (Indemnification) are for the benefit of Marketing Mastermind and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
10. Term & Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Trademarks), 3 (Use of the Site), 8 (Indemnification), 9 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
11. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Marketing Mastermind and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Marketing Mastermind's failure to insist upon or 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 between the parties nor trade practice shall act to modify any provision of this Agreement. Marketing Mastermind may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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