IMPORTANT—READ CAREFULLY AS IT TO CREATES A LEGALLY BINDING CONTRACT
By accessing this Site or otherwise using any of the Services, you electronically accept all terms and conditions contained herein and acknowledge the you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies (incorporated herein for all purposes):
Visitor Conduct and General Acknowledgements.
You agree to the following:
- You understand that the Site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted by you (or on your behalf) to or via the Site will violate or infringe upon the rights of any third party, including copyright, trademark, publicity, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and you (and not themarshalleffect) shall be solely responsible for all materials submitted to the Site.
- With respect to information that you may elect to submit though the Site, you agree to provide any additional information requested by themarshalleffect, and that all information submitted by you to the Site was obtained by you through legal and ethical means.
- You will not use this Site or any Service, directly or indirectly, to harvest or collect email addresses or other contact information of others by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- You will not use automated scripts to collect information from the Site or for any other purpose.
- You will not use the Site or any Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or otherwise in any manner use the Site or any Service to:
- harass or advocate harassment of any person;
- exploit or attempt to exploit people in any sexual, violent or otherwise inappropriate manner;
- solicit personal information from anyone under 18;
- promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or otherwise objectionable;
- upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, pornographic, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- transmit “junk mail,” “chain letters,” or unsolicited instant messaging, or “spamming” in any fashion; solicit passwords or personal identifying information for commercial or unlawful purposes from users of the Site;
- promote contests or sweepstakes that is not in conformity with all applicable laws;
- promote pyramid or ponzi schemes;
- upload, post, email, transmit or otherwise make available any material that contains software viruses, trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use or attempt to use another’s account, service or system or create a false identity;
- violate or infringe upon the rights of any third party, including violating or infringing copyright, trademark, publicity, privacy or other personal or proprietary rights or defaming any third party; or
- commit or cause the commitment of any “click-fraud” or other act, such as using spiders, robots, web scrapers, screen scrapers, internet macros or other automated software programs, that intentionally misrepresents advertising or voting metrics.
Proprietary Rights in Content on themarshalleffect.
All content on the Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the “Content”), are the proprietary property of themarshalleffect, or its advertisers, partners or licensors, or registered members. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without themarshalleffect’s prior written permission.
All trademarks, logos, trade dress and service marks on the Site are either trademarks of themarshalleffect or its advertisers, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of themarshalleffect.
YOU AGREE NOT TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE ANY SOFTWARE OR ASSOCIATED CODE AVAILABLE ON OR THROUGH THE SITE(S) OR AVAILABLE THROUGH ANY SERVICE(S) OFFERED ON OR THROUGH THE SITES TO ANY HUMAN PERCEIVABLE FORM OR TO ANY FORM WHATSOEVER. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON ANY SUCH SOFTWARE, OR ANY PART THEREOF.
Links to Other Websites and This Site.
themarshalleffect is not responsible for any incorrect or inaccurate content posted on the Site or accessed via a link from the Site. The Site may be temporarily unavailable from time to time for maintenance or other reasons. themarshalleffect assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. themarshalleffect is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your computer, mobile phone, tablet or other equipment related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Site.
THE SITE, ALL SERVICES, AND ALL CONTENT ARE PROVIDED “AS-IS” AND THEMARSHALLEFFECT DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THEMARSHALLEFFECT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE THEMARSHALLEFFECT SERVICE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FULLY ASSUME ALL RISKS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE THEMARSHALLEFFECT SERVICE.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): THEMARSHALLEFFECT MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITES.
Limitation on Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THEMARSHALLEFFECT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR THE THEMARSHALLEFFECT SERVICE, EVEN IF THEMARSHALLEFFECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, THEMARSHALLEFFECT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $50.00 OR THE AMOUNTS PAID BY YOU TO THEMARSHALLEFFECT FOR YOUR USE OF THE SITE.
Governing Law and Venue.
This agreement and performance under this agreement shall be governed by the laws of the State of Illinois and the validity, interpretation and effect shall be governed by the laws of Illinois applicable to contracts executed and performed wholly therein. The Federal and State courts within Cook County, Illinois shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.
You agree to indemnify and hold themarshalleffect, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your violation of any law or the rights of a third party.
Age Requirements; Parental Notification and Responsibility.
All persons that have transmitted any data on or through the Site represent and have represented that they are at least 18 years of age; unless, in the case such person is under the age of eighteen (18) (a) such person’s parent and/or guardian consented to the terms of this Agreement and/r (b) such person’s registration and membership to the Site. Notwithstanding the foregoing, you must be fourteen (14) years of age or older to access any portion of the Site and if you are under fourteen (14) years of age you are not allowed to provide themarshalleffect any personally identifiable information. You acknowledge if you provide themarshalleffect any personally identifiable information and are under the age of fourteen (14), themarshalleffect will make every effort to destroy/delete that information.
If you are a parent of a minor that has accessed this Site in violation of the terms of this Agreement, please contact us immediately at email@example.com in order to allow us to terminate your child’s membership and remove all information provided by your child to the Site to the best of our ability.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding your use of the Site, and with respect to online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You assume full responsibility for compliance with all local, state and national laws and agree to indemnify and hold themarshalleffect harmless for any violation of any such law arising out of or related to your use of the Site.