Last Modified: August 28, 2019.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES ORACCESSING OUR WEBSITE OR MOBILE APP.
ACCEPTANCE OF THE TERMS OF SERVICE
Welcome to MrktStar, Inc.’s(our “Company”, “we”, “us”, or “our”)digital contest platform. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,these “Terms of Service”), including, without limitation, any applicable rules for our contests (collectively, “Rules”), govern your access to and use of our platform and any content, features, functionality, and services (collectively, the “Services”) offered on or through mrktstar.com and https://www.versusgame.com(together, the “Website”), and all subdomains thereof, or our mobile application (the “MrktStar App”), whether as a guest or a registered user. “You” and “your” refer to you, as a user of our Website. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses our Website, MrktStar App, or Services.
Our Servicesare offered and available to users who are 18 years of age or olderandreside in the United States or any of its territories or possessions. By using our Services, you represent and warrant that you are of legal age to form a binding contract with our Company and meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use our Website, the MrktStar App, or our Services.
THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time, in our sole and absolute discretion. All changes are effective immediately when we post them and apply to all access to and use of our Website, the MrktStar App, and our Services thereafter. Your continued use of our Website, the MrktStar App, and our Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access our Website, the MrktStar App, and our Services so that you are aware of any changes to these Terms of Service, as they are binding on you. It is your responsibility to review these Terms of Service periodically.
You must be at least 18 years of age to open an Account (defined below), participate in contests, win prizes offered by this Website or the MrktStar App, or otherwise access or use our Services. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory. Legal residents physically located in any of the 50 states and Washington DC, excluding Alabama, Arizona, Alaska, Arkansas, Delaware, Hawaii, Iowa, Louisiana, Maryland, Missouri,New Jersey,Oregon, South Carolina, Texas, and Washington (collectively, “Excluded States”), are eligible to open an Account and participate in contests offered by the Website. Legal residents of the Excluded States are ineligible for prizes offered by the Website. Residents of the Excluded States are eligible to open and maintain an Account for use only in contests that do not offer prizes. Employees of the Company and their immediate families or other relatives with whom they share a household are not eligible for participation in contests. In addition, any person, including, but not limited to Company sponsors, consultants, or suppliers who have access to advantageous pre-release, confidential information, or other information that is not available to all other entrants of a contest are ineligible. Any such entrants will be disqualified.
To be eligible to enter any contest or receive any prize, the user may be required to provide the Company with additional documentation and/or information to verify the identity of the user, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of a user, the Company will, in its sole and absolute discretion, utilize certain information collected by the Company to assist in verifying the identity and/or eligibility of such user.
PARTICIPATION IN A CONTEST FOR WHICH YOU ARE NOT ELIGIBLE WILL RESULT IN THE FORFEITURE OF ANY PRIZE OR AWARD EARNED AND MAY RESULT IN TERMINATION OF YOUR ACCOUNT.
When you register for an accountto use our Services(“Account”), you must provide a valid email address and choose a user name and password in conjunction with the Account. You may not allow others to use your user name and password under any circumstances. The Company is not liable for any harm caused by disclosure of your user name or password to others, or for the theft or misappropriation of your user name or password. You agree to notify us immediately in the event that your user name or password becomes compromised, or there is any other need to deactivate them due to security concerns. You may establish only one Account per person. You may not co-own an Account with any other person. In the event the Company discovers that you have opened more than one Account or are sharing an Account with anyone else, in addition to any other rights that the Company may have, the Company reserves the right to suspend or terminate any or all of your Accounts and terminate, withhold, or revoke any prizes.
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions for which you will be legally responsible.
DEPOSITS TO YOUR ACCOUNT
To participate in our contests, you may be required to make a deposit into your Account. By associating your Account with a payment method to participate in contests, you hereby affirm that you are the lawful owner of the payment method used to make any such deposit(s). It shall be a violation of these Terms of Service for you to submit payment using any payment method that is not owned by you. If any deposit is charged back, the amount of the deposit shall be deducted from your Account balance and any contest winnings shall be forfeited and deducted from your Account balance. The Company reserves the right to close your Account without notice if a deposit is charged back. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the Account was registered. ALL PAYMENTS ARE FINAL AND NO REFUNDS WILL BE ISSUED.
CONTEST ENTRY AND DISCLAIMER
All contests available through the Websiteand the MrktStar App are strictly contests of skill. Winners are determined by objective criteria as more fully described in the applicable Rules. Any entry fees associated with a contest will be listed in the applicable Rules. When you select to participate in a contest and complete the entry process, the amount of US dollars identified in the Rules, if any, will be debited from your Account. All decisions by the Company in selecting criteria, computing points, creating awards, and/or conducting any other aspect of a contest are made by the Company, in its sole discretion, and are final and not subject to appeals. The Company, in its sole discretion, may disqualify you from a contest, the Website, or the MrktStar App, refuse to award points or prizes, and require the return of any prizes, or suspend, limit, or terminate your Account if you breach these Terms of Service,any applicable Rules, or otherwise engage in conduct the Company deems, in its sole discretion, to be improper or in any way detrimental to other users or to the Website or the MrktStar App. In addition to any applicable Rules presented in connection with a specific contest, you expressly agree that you will not:
Provide false personal information required to enter a contest or claim a prize;
Engage in financial fraud to enter a contest or claim a prize including unauthorized use of credit instruments;
Violate the Rules or these Terms of Service;
Unless otherwise authorized, use a single Account to participate in a contest on behalf of multiple entrants or otherwise collaborate with others to participate in any contest;
Use automated means to interact with the Website or MrktStar App in any way (including creating a contest, entering a contest, withdrawing from a contest, etc.);
Use automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website, the MrktStar App, or of any user for any purpose;
Tamper with the administration of a contest or trying to in any way tamper with the computer programs or any security measure associated with a contest;
Obtain other entrants’ information or spam other entrants; or
Abusethe Website or MrktStar App in any way.
The Company reserves the right to cancel contests in its sole discretion without restriction. By entering into a contest or accepting any prize, all entrantsagree to indemnify, release, and to hold harmless the Company, its parents, subsidiaries, affiliates and argents, officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims, or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. The Company may, in its sole and absolute discretion, require a user to execute a separate release of claims and publicity rights as a condition of being awarded any prize.
The Company is not responsible for any incorrect, invalid, or inaccurate entry information, human errors, technical malfunctions, failures of any public utility, omissions, interruptions, deletions or defects of any third-party system or network, computer online systems, data, computer equipment servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a contest), including without limitation any injury or damage to any entrants or any other person’s computer or video equipment relating to or resulting from participation in a contest, inability to access the Website or MrktStar App, any web pages that are part of or related to the Website,theft, tampering, destruction, or unauthorized access to, or alteration of entries, data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction, or the Internet, or any Internet service provider’s facilities, or for any other reason whatsoever, or any combination thereof.
The Company is not responsible for incomplete, illegible, misdirected or stolen entries. If, for any reason, a contest is not capable of running as originally planned, or if a contest application (or any portion thereof) becomes corrupted or does not allow the proper entry to a contest in accordance with these Terms of Service or applicable Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of the Company, corrupts or affects the administration, security, fairness, integrity, or proper conduct of a contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website and the MrktStar App.
All entries immediately become the property of the Company upon submission and will not be acknowledged or returned.
WHERE LEGAL, BOTH ENTRANTS AND WINNERS CONSENT TO THE USE OF THEIR NAME, VOICE AND LIKENESS/PHOTOGRAPH IN AND IN CONNECTION WITH THE DEVELOPMENT, PRODUCTION, DISTRIBUTION AND/OR EXPLOITATION OF ANY CONTEST, PROMOTION, THE WEBSITE, OR MrktStar APP WITHOUT COMPENSATION OR FURTHER CONSENT. WINNERS AGREE THAT FROM THE DATE OF NOTIFICATION BY THE COMPANY OF THEIR STATUS AS A POTENTIAL WINNER AND CONTINUING UNTIL SUCH TIME WHEN THE COMPANY INFORMS THEM THAT THEY NO LONGER NEED TO DO SO, THAT THEY WILL MAKE THEMSELVES REASONABLY AVAILABLE TO THE COMPANY FOR PUBLICITY, ADVERTISING AND PROMOTIONAL ACTIVITIES.
USE OF INFORMATION
With respect to the provision of the Services, you could provide us with certain personal information (such as name, postal address, e-mail address, or telephone number) and certain business information (such as name, EIN, postal address, e-mail address, or telephone number). By providing such personal information and business information to us, you verify that such information is true and accurate as of the date of submission.
When you open an Account to use or access certain portions of our Website, the MrktStar App, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s Account, user name, or password at any time. You agree to notify us immediately of any unauthorized use of your Account, user name, or password. We are not liable for any losses you incur as a result of someone else’s use of your Account or password, either with or without your knowledge. You may be held liable for any losses incurred by our Company and its affiliates and each of their representatives, officers, directors, managers, members, employees, consultants, agents, and representatives due to someone else’s use of your Account or password.
INTELLECTUAL PROPERTY RIGHTS
Our Website, the MrktStar App, the Services,and their entire contents, features, and functionality (including,without limitation, all data, including aggregate and derivative data, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by our Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or MrktStar App, except as follows:
Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your browser for display enhancement purposes;
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device; provided, however, that you agree to be bound by our end user license agreement for such applications; and
If we provide social media features on our Websiteor MrktStar App with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from our Website or MrktStar App;
Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text; or
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website or MrktStar App.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Website or MrktStar App in breach of theseTerms of Service, your right to use our Website or MrktStar App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Website or MrktStar App or any of theircontent is transferred to you, and all rights not expressly granted are reserved by our Company. Any use of our Website or MrktStar App not expressly permitted by these Terms of Serviceconstitutes a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Our Company’s name and certain other names, logos, and phrases used on our Website or MrktStar App, and all related names, logos, product and service names, designs, and slogans are trademarks of our Company or its affiliates or licensors. You will not use such marks without the prior written permission of our Company. All other names, logos, product and service names, designs, and slogans on our Websiteor MrktStar App are the trademarks of their respective owners.
You may use our Website or MrktStar App only for lawful purposes and in accordance with these Terms of Service. You agree not to use our Website or MrktStar App:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the terms set forth in these Terms of Service;
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation;
To impersonate or attempt to impersonate our Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website or MrktStar App, or which, as determined by us, may harm our Company or users of our Website or MrktStar App or expose them to liability.
Additionally, you agree not to:
Use our Website or MrktStar App in any manner that could disable, overburden, damage, or impair our Website or MrktStar App or interfere with any other party’s use of our Website or MrktStar App, including such person’s ability to engage in real time activities through our Website or MrktStar App;
Use any robot, spider, or other automatic device, process, or means to access our Website or MrktStar App for any purpose, including monitoring or copying any of the material on our Website or MrktStar App;
Use any manual process to monitor or copy any of the material on our Website or MrktStar App or for any other unauthorized purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of our Website or MrktStar App;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website or MrktStar App, the server on which our Website or MrktStar App is stored, or any server, computer, or database connected to our Website or MrktStar App;
Attack our Websiteor MrktStar App via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of our Website or MrktStar App.
Our Website or MrktStar App may contain message boards, chat features, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through our Website or MrktStar App.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to our Website or MrktStar App will be considered non-confidential and non-proprietary. By providing any User Contribution on our Website or MrktStar App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not our Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our Website or MrktStar App.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Remove or refuse to post any User Contributions for any or no reason, in our sole and absolute discretion;
Take any action with respect to any User Contribution that we deem necessary or appropriate, in our sole and absolute discretion, including if we believe that such User Contribution violates theseTerms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Website or MrktStar App or the public, or could create liability for our Company;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of our Website or MrktStar App; and
Terminate or suspend your access to all or part of our Website or MrktStar App for any or no reason, including, without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website or MrktStar App. YOU WAIVE AND HOLD HARMLESS OUR COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OUR COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OUR COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on our Website or MrktStarApp, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section entitled “Monitoring and Enforcement; Termination.”
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person, or organization; or
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, you must send us a notice of copyright infringement. It is the policy of our Company to terminate the user Accounts of repeat infringers.
RELIANCE ON INFORMATION POSTED
The information presented on or through our Website or MrktStar App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website or MrktStar App, or by anyone who may be informed of any of its contents.
Our Website or MrktStar App may includecontent provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by our Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of our Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Certain MrktStar Content expresses the views of our Company and its employees and agents only and no other person or entity. Reliance on such MrktStar Contentwill be on an “as is” basis. You may not rely on the quality, accuracy, or reliability of any MrktStar Content. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “MrktStar Content” means all of the Content that originates from the Company in connection with our Website or MrktStar App.
We reserve the right to withdraw or amend our Website, the MrktStar App, and any Services or material we provide, in our sole and absolute discretion, without notice. We will not be liable if for any reason all or any part of our Website, MrktStar App, or Services is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of our Website or the MrktStarto users, including registered users.
CHANGES TO OUR WEBSITE AND MrktStar APP
We may update the content on our Websiteor MrktStar App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Website or MrktStar App may be out of date at any given time and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR USAGE
LINKING TO OUR WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, so long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Our Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on our Website;
Send e-mails or other communications with certain content, or links to certain content, on our Website; or
Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you;
Cause our Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site;
Link to any part of our Website other than the homepage; or
Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Service.
Our Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If you have downloaded the MrktStar App, you agree to promptly download and install any new version that we make available through the iTunes App Store, as applicable. Some new versions may contain updated terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the MrktStar App may in some cases expose you to increased security risks or malfunctions.
You acknowledge and agree that: (i) these Terms of Service are binding between you and the Company only, and Apple is not a party hereto; and (ii) as between the Company and Apple, it is the Company that is responsible for the MrktStar App and all content thereof. You must use the iOS MrktStar App only on an Apple branded product that runs iOS. Your use of the MrktStar App must comply with the Terms of Service applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the MrktStar App.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the MrktStar App or your possession and use of the MrktStar App, including, but not limited to: (i) product warranty or liability claims; (ii) any claim that the MrktStar App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the MrktStar App infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the MrktStar App to conform to any applicable warranty that has not been effectively disclaimed by these Terms of Service, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the MrktStar App, and as between Apple and the Company, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s responsibility, but only to the extent provided by these Terms of Service. Please read the entire Terms of Service as other sections of these Terms of Service limit the Company’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of these Terms of Service.
LINKS FROM OUR WEBSITE
If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of our Website and MrktStar App is based in the State of California in the United States. We provide our Website for use only by persons located in the United States. We make no claims that our Website or MrktStar App or any of their content is accessible or appropriate outside of the United States. Access to our Websiteor MrktStar App may not be legal by certain persons or in certain countries. If you access our Website or MrktStar App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Websiteor MrktStar App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE, THE MrktStar APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR MrktStar APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR WEBSITE, THE MrktStar APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. OUR WEBSITE, THE MrktStar APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OUR COMPANY NOR ANY PERSON ASSOCIATED WITH OUR COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY,NON-INFRINGEMENT, TITLE, OR AVAILABILITY OF OUR WEBSITE OR THE MrktStar APP. WITHOUT LIMITING THE FOREGOING, NEITHER OUR COMPANY NOR ANYONE ASSOCIATED WITH OUR COMPANY REPRESENTS OR WARRANTS THAT OUR WEBSITE, THE MrktStar APP, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE MrktStar APP OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE, THE MrktStar APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
OUR COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
OBTAINING ANY MATERIALS THROUGH THE USE OF OUR WEBSITE OR THE MrktStar APP IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WEWILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICES, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.
LIMITATION ON LIABILITY
IN NO EVENT WILL OUR COMPANY, ITS AFFILIATES, OR ANY OTHER RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, THE MrktStar APP, ANY CONTENT MADE AVAILABLE BY THE COMPANY, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITES, OR THE MrktStar APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING,WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SUCH LIMITATION OF LIABILITY WILL INCLUDE, WITHOUT LIMITAITON, ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THESE TERMS OF SERVICEAND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless our Company, its affiliates, subsidiaries, licensors, and service providers, and each of its and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of our Website, the MrktStar App, or our Services, including, without limitation, your User Contributions, any use of anyMrktStar Content, services and products other than as expressly authorized in these Terms of Service, or your provision of any services related to or in connection with information obtained from our Website or the MrktStar App.
GOVERNING LAW AND JURISDICTION
All matters relating to our Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this binding arbitration requirement carefully. It affects your rights. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or our Website or MrktStar Appwill be instituted exclusively according to this binding arbitration provision. You agree to arbitrate ALL DISPUTES AND CLAIMS between us arising out of or relating to these Terms of Service and our Website and MrktStar App(each, a “Dispute”) and that all Disputeswill be processed pursuant to this binding arbitration agreement. The types of Disputes we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to: (a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (b) claims that arose before these or any prior Terms of Service(including, without limitation, claims relating to advertising); (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the termination of these Terms of Service.
For the purposes of this arbitration agreement, references to our Company and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or Use or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF SERVICE, YOU AND OUR COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. These Terms of Serviceevidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Service.
A party who intends to seek arbitration must first send, by U.S. certified mail, a written notice of any Dispute (“Notice”) to the other party. A Notice to our Company should be addressed to the address set forth on our Website and must describe the nature and basis of the Dispute and set forth the specific relief sought (“Demand”). If our Company and you do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you or our Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by our Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or our Company is entitled.
All unresolved Disputes will be determined and settled by binding arbitration before an independent arbitrator selected by the parties. The arbitration hearing will occur at a time and place convenient to the Parties in Maricopa County, Arizona, within 30 days of selection or appointment of the arbitrator. The arbitration will be governed by applicable rules of the American Arbitration Association (“AAA”) in effect on the date of the first notice of demand for arbitration. Notwithstanding any provisions in such rules to the contrary, the arbitrator will issue findings of fact and conclusions of law, and an award, within 15 days of the date of the hearing, unless the parties otherwise agree. The Parties will select the arbitrator from a panel list made available by the AAA. If the Parties are unable to agree to an arbitrator within ten days of expiration of the 30-day negotiation period referenced above, the arbitrator will be chosen by alternatively striking from a list of five arbitrators obtained by our Company from the AAA. The party that delivered the Notice will have the first strike.
The prevailing or successful party to any Dispute is entitled to recover all expenses of arbitration, including, without limitation, reasonable attorneys’ fees, witness fees, administrative fees, and arbitrator’s fees.
You waive any and all objections to the exercise of jurisdiction over you by any courts and to venue in such courts pursuant to the foregoing arbitration agreement.
LIMITATION ON TIME TO FILE CLAIMS
ANY DISPUTE OR OTHER CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR WEBSITE OR MrktStar APP MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver of or by our Company of any term or condition set forth in these Terms of Servicewill be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of our Company to assert a right or provision under these Terms of Servicewill not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
BY USING OR ACCESSING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
YOUR COMMENTS AND CONCERNS
Our Website and the MrktStar App are operated MrktStar, Inc.
All notices of copyright infringement claims should be directed to: support@MrktStar.com.
All other feedback, comments, requests for technical support, and other communications relating to our Website, the MrktStar App, or the Services should be directed to: support@MrktStar.com.
Thank you for visiting our Website.