"Rate the Resolution" is an on-line promotional web site operated by MarketNet, Inc. ("MarketNet"). "Submitter" means each person who provides an entry to the “Rate the Resolution” web site. PLEASE READ THE TERMS OF SERVICE CAREFULLY; BY VIEWING, BROWSING, ACCESSING OR USING THIS SITE AUTOMATICALLY OR OTHERWISE, YOU AGREE TO ACCEPT AND BE LEGALLY BOUND BY THE TERMS OF SERVICE, AND REPRESENT TO US THAT YOU HAVE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE.
(A) This Agreement, which incorporates by reference other provisions applicable to use of “Rate the Resolution.” By using Rate the Resolution (other than to read this Agreement for the first time), Submitter agrees to comply with all of the terms and conditions hereof. The right to use Rate the Resolution is personal to Submitter and is not transferable to any other person or entity. Submitter is responsible for all use of Submitter’s Account (under any screen name) and for ensuring that all use of Submitter’s Account complies fully with the provisions of this Agreement.
(B) MarketNet shall have the right at any time to change or discontinue any aspect or feature of “Rate the Resolution”, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(A) Submitter shall use Rate the Resolution for lawful purposes only. Submitter shall not post or transmit through Rate the Resolution 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 MarketNet's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Submitter that in MarketNet’s discretion restricts or inhibits any other Submitter from using or enjoying Rate the Resolution will not be permitted. Submitter shall not use Rate the Resolution to advertise or perform any commercial solicitation.
(B) Submitter shall not upload, post or otherwise make available on Rate the Resolution 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 Submitter. Submitter shall be 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, Submitter automatically grants, or warrants that the owner of such material has expressly granted MarketNet 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. Submitter also permits any other Submitter to access, view, store or reproduce the material for that Submitter's personal use. Submitter hereby grants MarketNet the right to edit, copy, publish and distribute any material made available on Rate the Resolution by Submitter.
THE SITE, THE CONTENT AND THE SUBMISSIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, MARKETNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR ANY OF ITS FEATURES, FUNCTIONS OR SERVERS THAT MAKE IT AVAILABLE WILL BE ERROR-FREE, ACCURATE, RELIABLE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, INCLUDING VIRUSES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE, THE CONTENT, THE SUBMISSIONS, OR ANY THIRD-PARTY WEB SITES ACCESSED VIA THE SITE, OR THE RESULTS OF YOUR USE OF THE SITE, THE CONTENT, THE SUBMISSIONS OR ANY THIRD-PARTY WEB SITES, WILL BE CORRECT, ACCURATE, TIMELY, COMPLETE, OR RELIABLE OR WILL MEET YOUR SATISFACTION OR REQUIREMENTS.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Site is provided for entertainment purposes only.
MarketNet shall have the right, but not the obligation, to monitor the content of Rate the Resolution, to determine compliance with this Agreement and any operating rules established by MarketNet and to satisfy any law, regulation or authorized government request. MarketNet shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Rate the Resolution. Without limiting the foregoing, MarketNet shall have the right to remove any material that MarketNet, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Submitter agrees to defend, indemnify and hold harmless MarketNet, 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 Rate the Resolution by Submitter.
NEITHER MARKETNET, NOR ANY OF OUR, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SHAREHOLDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE CONTENT OR THE SUBMISSIONS MADE AVAILABLE THROUGH THE SITE.