Please read this Agreement carefully before accessing or using Mall on Mars. By accessing or using any part of MallonMars.com, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access MallonMars.com or use any services. If these terms and conditions are considered an offer by Mall on Mars, acceptance is expressly limited to these terms. Mall on Mars services are available only to individuals who are at least 18 years old.
- Your Mall on Mars Account. If you create an account on www.MallonMars.com, you are responsible for maintaining the security of your account and password, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the store or website. You must not describe or assign keywords to your store and website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Mall on Mars may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Mall on Mars liability. You must immediately notify Mall on Mars of any unauthorized uses of your store or website, your account or any other breaches of security. Mall on Mars will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. If you are under 18, you may operate a Mall on Mars account and site or store only with the involvement of a parent or guardian.
- Responsibility of Contributors. If you operate an account, comment on a page, post or listing, post material to www.MallonMars.com, post links on www.MallonMars.com, or otherwise make (or allow any third party to make) material available by means of www.MallonMars.com (any such material, “Content, and Products”), You are entirely responsible for the content of, and any harm resulting from, that Content or Product. By making Content and Products available, you represent and warrant that:
- the downloading, copying, selling and use of the Content or Product will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create and sell, you have either (i) received permission from your employer to post or make available the Content or Product, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content or Product;
- you have fully complied with any third-party licenses relating to the Content or Product, and have done all things necessary to successfully pass through to end users any required terms;
- the Content or Product does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content or Product is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content or Product is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your store or website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other stores, blogs and web sites, and similar unsolicited promotional methods;
- your store or website is not named in a manner that misleads your customers or readers into thinking that you are another person or company. For example, your store’s or website’s URL or name is not the name of a person other than yourself or company other than your own.
- By submitting Content or Products to Mall on Mars for inclusion on www.MallonMars.com, you grant Mall on Mars a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content or Product solely for the purpose of displaying, distributing and promoting your store or website. If you delete Content or Products, Mall on Mars will use reasonable efforts to remove it from www.MallonMars.com, but you acknowledge that caching or references to the Content or Product may not be made immediately unavailable.
Without limiting any of those representations or warranties, Mall on Mars has the right (though not the obligation) to, in Mall on Mars sole discretion (i) refuse or remove any content or product that, in Mall on Mars reasonable opinion, violates any Mall on Mars policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Mall on Mars sole discretion. Mall on Mars will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Optional paid services such as extend feature purchases are available on in your account’s dashboard (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Mall on Mars the one-time or monthly fees indicated for that service. Payments will be charged on the day you sign up for a subscription or make a purchase and will cover the use of that service for a single use or agreed upon specified period (e.g. an hour, day, week, or monthly period as indicated). Single purchase fees and subscription fees are not refundable.
- Fees; Payment. By signing up for the Mall on Mars specified service or subscription you agree to pay Mall on Mars the specified one-time or monthly fees in exchange for access to the service or subscription. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. Mall on Mars account owners must pay their monthly subscription fee in order to continue using service. Not paying monthly subscription will result in termination of access to service. Subscription access can be canceled by you at anytime.
- 5. Responsibility of Website Visitors. Mall on Mars has not reviewed, and cannot review, all of the material, including products, posted to www.MallonMars.com, and cannot therefore be responsible for that material’s content, use or effects. By operating account, Mall on Mars does not represent or imply that it endorses the material or products there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. www.MallonMars.com may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. www.MallonMars.com may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mall on Mars disclaims any responsibility for any harm resulting from the use by visitors of www.MallonMars.com, or from any downloading or buying by those customers and visitors of content or Products there posted
- 6. Content or Items Posted on Other Stores or Websites. We have not reviewed, and cannot review, all of the material and products, made available through the websites and webpages to which MallonMars.com links, and that link to MallonMars.com. Mall on Mars does not have any control over those non-MallonMars.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-MallonMars.com website or webpage, Mall on Mars does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mall on Mars disclaims any responsibility for any harm resulting from your use of non-MallonMars.com websites and webpages.
- 7. Copyright Infringement and DMCA Policy. As Mall on Mars asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MallonMars.com violates your copyright, you are encouraged to notify Mall on Mars. Mall on Mars will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mall on Mars will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mall on Mars or others. In the case of such termination, Mall on Mars will have no obligation to provide a refund of any amounts previously paid to Mall on Mars.
- 8. Intellectual Property. This Agreement does not transfer from Mall on Mars to you any Mall on Mars or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mall on Mars. The Mall on Mars logo, and all other trademarks, service marks, graphics and logos used in connection with Mall on Mars, or the Website are trademarks or registered trademarks of Mall on Mars or Mall on Mars licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mall on Mars or third-party trademarks.
- 9. Changes. Mall on Mars reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mall on Mars may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- 10. Termination. Mall on Mars may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Mall on Mars account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- 11. Disclaimer of Warranties. Your Account is provided “as is”. Mall on Mars and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mall on Mars nor its suppliers and licensors, makes any warranty that your Store or Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- 12. Limitation of Liability. In no event will Mall on Mars, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mall on Mars under this agreement during the twelve (12) month period prior to the cause of action. Mall on Mars shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- 14. Indemnification. You agree to indemnify and hold harmless Mall on Mars, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- General Terms.