THE MARKET AMERICA WEBSITE ACCEPTABLE USE POLICY
The term "Market America Website" is the interactive website operated by Ivenue.com, Inc., including its affiliates and subsidiaries on the World Wide Web of the Internet, consisting of information services and content provided by Market America, affiliates of Ivenue.com, Inc. and other third parties. The term “Licensed Services” shall have the same meaning as such term is defined in the Ivenue.com, Inc. Market America Technology Solution License and Support Services Agreement (“Agreement”), a copy of which is available at the purchase transaction webpage of this website. The term "User" means each person or entity who establishes or accesses a connection ("Account") for access to and use of the Market America Website, and/or who makes payment to receive the Licensed Services. The term “End User” shall have the same meaning as such term is defined in the Agreement. The AUP shall govern any and all uses hereof by any and all Users. This AUP shall be deemed effective as of the Effective Date set forth below.
(A) This AUP, which incorporates by reference other provisions applicable to use of the Market America Website, including, but not limited to, the Agreement, sets forth the terms and conditions that apply to use of the Market America Website and the Licensed Services by User and End User, as applicable. By using the Market America Website (other than to read this AUP for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the Market America Website and the Licensed Services is personal to User and is not transferable to any other person or entity, except as expressly provided for in the Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
(B) Ivenue.com, Inc. shall have the right at any time to change or discontinue any aspect or feature of the Market America Website, including but not limited to, content, hours of availability, and equipment needed for access or use.
(C) THE MARKET AMERICA WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. THEREFORE, PERSONS UNDER 13 YEARS OF AGE ARE NOT PERMITTED TO REGISTER FOR ANY MARKET AMERICA WEBSITE SERVICES OR INFORMATION.
(D) By submitting information about itself as User or End User, or its business, such End User or User agrees and consents to Ivenue.com, Inc.'s commercial use of such information. Ivenue.com, Inc. will use commercially reasonable efforts (but does not guarantee) to not disclose to third parties any personal information about a User or End User, or the use by same of the Market America Website or the Licensed Services, or any other services or information contained on the Market America Website, without an End User's or User's prior permission unless the Ivenue.com, Inc. has a good faith belief that the confidentiality or privacy of such information has been waived, or disclosure is otherwise necessary to:
1. Conform to legal requirements or comply with legal process;
2. Protect and defend the rights or property of Ivenue.com, Inc.;
3. Enforce this AUP; or
4. Act to protect the interests of others.
3. Changed Terms.
Ivenue.com, Inc. shall have the right at any time to change or modify the terms and conditions applicable to End User's or User's use of the Market America Website, 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 the Market America Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Market America Website by User or End User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
User or End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Market America Website and all charges related thereto.
5. User Conduct.
(A) User and End User shall use the Market America Website and the Licensed Services for lawful purposes only. User and End User shall not post or transmit through the Market America Website or other Licensed Services 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 the Ivenue.com, Inc.'s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User or End User that in Ivenue.com, Inc.'s discretion restricts or inhibits any other User or End User from using or enjoying the Market America Website or the Licensed Services will not be permitted. Neither User nor End User shall use the Market America Website or the Licensed Services to advertise or perform any commercial solicitation, including, but not limited to, solicitations intended to be competitive with Ivenue.com, Inc., including the Market America products and services.
(B) The Market America Website contains copyrighted material, trademarks, trade secrets and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Market America Website are copyrighted as a collective work under the United States copyright laws. Ivenue.com, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. 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. User or End User may download copyrighted material for 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 Ivenue.com, Inc. 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. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User or End User shall not upload, post or otherwise make available on the Market America Website, or by way of the Licensed Services, 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 User. User and End User shall be jointly and severally, and 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 the Market America Website, User and End User automatically grants, or warrants that the owner of such material has expressly granted the Market America Website 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. User and End User also permits any other User or End User to access, view, store or reproduce the material for that User's or End User's personal use. User and End User hereby grant Ivenue.com, Inc. the right to edit, copy, publish and distribute any material made available on the Market America Website by User.
(D) The foregoing provisions of Section 5 are for the benefit of the Ivenue.com, Inc., its subsidiaries, affiliates 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.
6. Disclaimer of Warranty; Limitation of Liability.
(A) USER AND END USER EXPRESSLY AGREE THAT USE OF THE MARKET AMERICA WEBSITE AND LICENSED SERVICES IS AT USER'S AND END USER'S SOLE RISK. NEITHER IVENUE.COM, INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE MARKET AMERICA WEBSITE OR ANY OF THE LICENSED SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MARKET AMERICA WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE MARKET AMERICA WEBSITE.
(B) THE MARKET AMERICA WEBSITE AND THE LICENSED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, EFFORTS, SYSTEM INTEGRATION OR THE EXPRESS WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE SPECIFIC WARRANTIES WHICH ARE IMPLIED UNDER APPLICABLE LAW 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, AMONG OTHER THINGS, 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. USER SPECIFICALLY ACKNOWLEDGES THAT THE IVENUE.COM, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHERWISE INAPPROPRIATE CONDUCT OF OTHER USERS, END USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER AND END USER, JOINTLY AND SEVERALLY.
(D) IN NO EVENT WILL IVENUE.COM, INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MARKET AMERICA WEBSITE, THE MARKET AMERICA WEBSITE SOFTWARE, OR THE LICENSED SERVICES 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 THE MARKET AMERICA WEBSITE OR THE LICENSED SERVICES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE MARKET AMERICA WEBSITE OR OTHERWISE UTILIZED IN CONNECTION WITH THE LICENSED SERVICES.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER IVENUE.COM, INC., NOR ITS AFFILIATES, 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 UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE MARKET AMERICA WEBSITE OR LICENSED SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER OR 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. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. IVENUE.COM, INC., ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. IVENUE.COM, INC. DOES NOT, NEITHER DIRECTLY NOR ON BEHALF OF ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, SECURITY, QUALITY, SYSTEM INTEGRATION, OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Ivenue.com, Inc. shall have the right, but not the obligation, to monitor any content of the Market America Website, or that otherwise involves the use of the Licensed Services, to determine compliance with this AUP and any operating rules established by Ivenue.com, Inc., satisfy any law, regulation or authorized government request or mitigate any liability of Ivenue.com, Inc. Ivenue.com, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Market America Website. Without limiting the foregoing, Ivenue.com, Inc. shall have the right to remove any content, information or programs, in whole or part, that Ivenue.com, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless Ivenue.com, Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of any product or service associated with Ivenue.com, Inc., including but not limited to the Market America Website or the Licensed Services, by User or User's Account, or End User.
Each of Ivenue.com, Inc., End User or User may terminate this AUP at any time. Without limiting the foregoing, the Ivenue.com, Inc. shall have the right to immediately terminate the use of the Market America Website in the event of any conduct by User or End User which Ivenue.com, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by User or End User of this AUP. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 9, 10, 12, 13, 14, 15, and 16 shall survive termination of this AUP.
The term “Market America” and the Market America design logo are trademarks of the Ivenue.com, Inc. or its wholly owned subsidiary. All rights reserved. All other trademarks appearing on the Market America Website or in the Licensed Services are the property of their respective owners.
11. Third Party Content.
Ivenue.com, Inc. is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, the Ivenue.com, Inc. 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, Users or any other user of the Market America Website, are those of the respective author(s) or distributor(s) and not of the Market America Website. Neither Market America nor any third-party provider of information guarantees the accuracy, completeness, quality, system integration or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 for additional provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Market America Website or the Licensed Services represents the opinions and judgments of the respective information provider, User, End User or other user not under contract with the Ivenue.com, Inc. Ivenue.com, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Market America Website by anyone other than the authorized Ivenue.com, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will Ivenue.com, Inc. be liable for any loss or damage caused by a User's reliance on information obtained through the Market America Website or use of the Licensed Services. It is the responsibility of User and End User to evaluate the accuracy, completeness, quality, system integration or usefulness of any information, opinion, advice or other content available through the Market America Website and Licensed Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This AUP and any operating rules for the Market America Website established by Ivenue.com, Inc. 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 AUP shall be construed in accordance with the laws of the State of Nevada, 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. Any dispute relating to this AUP shall be adjudicated exclusively in the State of Nevada, without regard to the conficts of law principles thereof, exclusively in an arbitration proceeding administered pursuant to the rules of the American Arbitration Association (“AAA”), presided over by an independent arbitrator with significant professional legal experience selected by Ivenue.com, Inc. You hereby waive any claim of forum non conveniens and any claims of lack of personal jurisdiction with regard to the State of Nevada as a forum. Use of the Market America Website constitutes a voluntary and knowledgeable waiver of any claim of forum non conveniens with respect to the exclusive fora and to lack of personal jurisdiction in the State of Nevada. Any part of these AUP that is found by a court of competent jurisdiction to be invalid or unenforceable will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these AUP will remain binding upon the parties.
13. International Use.
By choosing to access the Market America Website from any location other than the United States, a User accepts full responsibility for compliance with all local laws. Users are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.
14. Linking to Third Party Sites.
The Market America Website may provide Users and End Users with links to third-party Internet sites. Users and End Users assume full responsibility when they choose to follow any links on the Market America Website that lead to third-party sites. Market America takes no responsibility for the content of or for transactions involving third-party sites to which it links. The inclusion of a link to a site does not necessarily imply endorsement of the site by Market America or any association with its operators.
15. Copyrights and Copyright Agent.
Ivenue.com, Inc. respects the rights of all copyright holders and in this regard, the Ivenue.com, Inc. Market America Website has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Dollars Ivenue.com, Inc.'s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
c/o Kelley, Drye & Warren, LLP
8000 Towers Crescent Drive
Vienna, Virginia 22182
For any questions or requests other than copyright issues, please contact firstname.lastname@example.org.
EFFECTIVE DATE: 7/1/02