- Use Of This Website Means Acceptance Of These Terms
By viewing, using, or otherwise interacting with this Website, or any materials available for download from such Website, you agree to be bound by these Terms. We hope that nothing herein will be objectionable to you, however, if you do not agree to any of these Terms, please do not continue to use the Website.
The Website, including all of its functions, features, and content, is owned and operated by Marcel Media, LLC, d/b/a Marcel Digital ("Marcel Digital" or "we" or "us" or a similar designation) or its licensors. All right, title and interest in and to the features, functions, and materials displayed, published, downloaded, or otherwise provided on or by the Website or through Marcel Digital, including but not limited to information, documents, logos, graphics, sounds, images, software, and other content (collectively, the "Materials") are owned by Marcel Digital or by its respective third-party licensors. Except as otherwise expressly permitted by Marcel Digital in writing, none of the Materials may be copied, reproduced, republished, framed, timeshared, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the Website shall be construed to confer any license to such effect or to any of Marcel Digital's intellectual property rights in the Materials or the Website, whether by estoppel, course of dealing, or otherwise. Please contact Marcel Digital by email if you have any questions about obtaining a license to use the Materials for any purpose other than as expressly permitted by these Terms. Any rights not expressly granted herein are reserved by Marcel Digital.
We may revise these Terms ("Revised Terms") at any time without notice to you by posting Revised Terms on the Website. Such Revised Terms shall be effective as to all use of the Website, including with respect to an existing registered user (a “Registered User”) and his, her, or its accounts ("Accounts") and any subscriptions for paid services offered on the Website (if any). Revised Terms shall be effective upon posting, and your sole remedy should you disagree with any Revised Terms shall be to cease to use the Website. If you have any questions about any Revised Terms, please contact us by email at email@example.com.
You further agree that Marcel Digital may (but has no obligation to), in its sole discretion, without notice other than republication on the Website: (i) modify from time to time the design and functionality of the Website and all services we offer; (ii) edit, modify, or remove certain Materials; (iii) otherwise modify or remove any content, service, feature, or other aspect of the Website or the Materials; or (iv) modify any service plans, prices, payment terms, or terms of billing, or other commercial terms.
- Conditions To Use Of This Website
(a)Registered User/Account Requirements: To utilize certain features of this Website (User Activities, etc.), we may require you to become a Registered User by creating an Account. To create an Account, you must complete our registration process by accurately completing one or several registration form(s) (the "Registration Form"). When you register an Account and become a Registered User, you must submit and maintain current and accurate Account information, including but not limited to a working e-mail address that will serve as our primary form of communication with you (the "Registered Address"). You warrant and represent that the information you submit to us is true and accurate. Your failure to submit true and accurate information may result in termination of your Account, and Marcel Digital reserves all remedies with respect to any false information submitted to us and/or this Website.
(b)Technical Requirements of Registered Usership: In order to use the Website and access your Records (defined below), you will need an electronic device that—at a minimum—has the technical capacity to use commonly available and generally supported web browser types and versions (the "Minimum Technical Specifications"). We may reasonably modify Minimum Technical Specifications from time to time by posting Revised Terms. If at any time your equipment does not meet Minimum Technical Specifications, we may terminate your access to, or you may otherwise be unable to access, the Website and your Account.
(c)Registration for an Account, and, generally, use of this Website is not intended for individuals under the age of 18. If you are under the age of 18, your use of this Website is prohibited.
- User Activities and Information
(a)The Website may offer interactive or social media functions to Registered Users and visitors, such as (without limitation) comments, ratings, and forums (collectively "User Activities"). The identity of, or other information pertaining to, Registered Users and others using the Website may be discernible to you or others based upon the comments or content such Registered Users submit to, or their other activities on, the Website. You acknowledge that such activity on your part may result in others knowing your identity or having access to the comments or other materials you submit. Notwithstanding such access, you may not use the Website except to participate in the activities and discussions expressly authorized, and for no other purpose. Marcel Digital may, but has no obligation to, modify, redact, and/or delete any and all content submitted to the Website by any users, whether or not such content constitutes any of the Prohibited Activities (defined below).
(b)Your Account Information Should Be Kept Secret: Please be sure to keep your Account information, including but not limited to your log-in information, secret as unauthorized access to your account may result in charges for transactions that you did not intend to incur and for which you will be held responsible. We strongly suggest that you do not grant anyone else access to your Account. However, should you choose to authorize a third-party to use your Account, you expressly agree to cause all other users of your Account to agree and abide by these Terms and any applicable Service Agreement. You will be held liable for all Account use or misuse under your login credentials. Marcel Digital will never email you a request to disclose your account information via email or email links at which you will be prompted to submit the same. It is always best for you to type in the URL for any website, including the Website, directly into your browser.
(c)You may not engage in any activities (the "Prohibited Activities") which are malicious, intrusive, invasive, illegal, and/or infringing, or in violation of these Terms, including but not limited to: (i) mining for email addresses or other contact information; (ii) sending or posting unsolicited marketing or sales solicitations or spam; (iii) impersonating another person or entity; (iv) misrepresenting your role with any organization; (v) attempting to discern the log-in credentials or Account information of another Registered User or Website user; (vi) selling or distributing email addresses or other contact information; (vii) distributing malicious technologies such as viruses, malware, spyware, or adware; (viii) perpetrating hoaxes or pyramid schemes; (ix) interfering with another's use or enjoyment of this Website; (x) attempting to hack, trespass, or acquire unauthorized access to any portion of this Website, including but not limited to any servers, networks, third-party hosts, and/or comparable equipment in connection thereto; (xi) attempting to interrupt this Website's normal functionality, including but not limited to a distributed denial-of-service attack or related, disruptive interactions; and/or (xii) posting or distributing any copies or knock-offs of any portion of this Website without the express, written consent of Marcel Digital, including but not limited to "phishing" or "pharming" sites.
(d)Rights to Your Submissions: We do not want you to submit confidential, proprietary, and/or infringing information to this Website or to us. Unless expressly otherwise stated in another document which governs a Registered User Activity, all comments, feedback, information or material submitted to Marcel Digital shall be considered non-confidential and may be used or distributed by Marcel Digital for any purpose, without further compensation to you. Such submissions may become publicly available, and you waive all moral or personality rights associated therewith. Further, you grant Marcel Digital an irrevocable, worldwide, perpetual license to use any and all information or materials submitted to Marcel Digital, including "for profit" purposes such as advertising and promotional purposes, through all media (now existing or hereafter developed) and any manner, throughout all time. Before you submit any information to this Website, you agree to take reasonable measures to verify that such information is true, inoffensive, and non-infringing upon the intellectual property rights of third-parties. You further agree to indemnify Marcel Digital for any claims, losses, expenses (including reasonable attorneys' fees and expenses) and other damages suffered as a result of your violating this subsection.
(e)You may view the Materials solely for your internal informational use, and you may use the Materials solely as set forth herein. You may not use the Materials for republication or redistribution in any manner, and not as a service bureau to third parties. You may not re-publish the Materials or make any Materials which are available only to Registered Users available to any non-Registered User or other third-parties. The above constitutes the sole license, and your sole rights, to the Materials, and all other rights are retained exclusively by Marcel Digital and/or its licensors. The above permission to use the Materials shall terminate automatically without notice upon any breach by you (or anyone else who has access to the Materials through you) of these Terms or any other terms of your Account; or the termination of your Account, as applicable.
- Termination Of Use
Marcel Digital reserves the right to terminate any Account or any person’s access to the Website at any time, for any reason, and without notice.
- Applicable Law and Venue
These Terms and your rights and obligations with respect to your use of the Website or the Materials shall be governed by and interpreted in accordance with the laws of the State of Illinois, excluding its choice of law rules.
Any legal action relating to these Terms or the Website, must be instituted in a state or federal court of competent jurisdiction in Cook County, Illinois, provided that actions for specific performance or injunctive relief, or to enforce a judgment may be brought where necessary, and we each agree to personal jurisdiction and exclusive venue in Cook County, Illinois.
IF YOU ARE AN E.U. RESIDENT, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE VISITING A WEBSITE THAT IS NOT SUBJECT TO THE E.U. PRIVACY DIRECTIVES OR OTHER E.U. LAWS, AND THAT THIS AGREEMENT IS CONTROLLED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE DATA PRIVACY AND SECURITY (AND OTHER APPPLICABLE) LAWS OF THE UNITED STATES OF AMERICA.
These Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through the Website or otherwise involving Marcel Digital.
- Consent To Electronic Notice, Records & Disclosures
As you may be aware, certain laws require that information, such as legal notices and/or disclosures, relating to you be provided or made available in writing ("Records"). Your privilege of being a Registered User, holding an Account, or (as applicable) using the Website is conditioned upon your consent to Marcel Digital's policy of providing only electronic Records, when required by applicable law, to your Registered Address. You further agree that if such electronic notice or other Records are sent by Marcel Digital to your Registered Address, you are deemed to have received such notice in a legally effective manner. While generally you do have the right to have Records provided or made available on paper or in non-electronic form, and the right to withdraw your consent to have the Records provided or made available in electronic form, your sole method of withdrawing such consent is to cancel your Account and to cease to use the Website.
- NO WARRANTIES
THIS WEBSITE AND ALL MATERIALS ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MARCEL DIGITAL DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE WEBSITE, PARTICIPATION IN WEBSITE AND/OR MARCEL DIGITAL OR USER ACTIVITIES, OR USE OF THE MATERIALS IS WITH YOU.
THE MATERIALS ARE FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE ANY LEGAL OR OTHER PROFESSIONAL ADVICE.
MARCEL DIGITAL MAKES NO WARRANTY THAT: (A) THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY MATERIALS OFFERED THROUGH THE WEBSITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. MARCEL DIGITAL SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. THE WEBSITE AND/OR MATERIALS ARE NOT MEANT FOR USE ON MISSION CRITICAL OR PUBLIC SAFETY EQUIPMENT.
LIMITATIONS OF LIABILITY & DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED HEREIN OR ON THE WEBSITE, MARCEL DIGITAL SHALL NOT BE LIABLE FOR ANY REFUNDS OR DIRECT DAMAGES, AND YOUR SOLE REMEDY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THE WEBSITE, THE CONTENT, OR OTHERWISE, SHALL BE TO DISCONTINUE USE OF THE WEBSITE. IN NO EVENT SHALL MARCEL DIGITAL, ITS SHAREHOLDERS, OWNERS, REGISTERED USERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), COVER DAMAGES, OR THE COST OF SUBSTITUTE SERVICES, HOWEVER SUCH DAMAGES OR CLAIMS AROSE AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY, STATUTORY, OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE, OR MATERIALS AVAILABLE FROM THE WEBSITE, OR ANY OTHER FEATURE OR SERVICE OF MARCEL DIGITAL OR THE WEBSITE, EVEN IF MARCEL DIGITAL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO MARCEL DIGITAL MAKING THE WEBSITE AND THE MATERIALS AVAILABLE TO YOU AND IN DETERMINING THE PRICING THEREOF.
MARCEL DIGITAL SHALL NOT BE LIABLE FOR OR IN RESPECT OF ANY BREACH OF THIS AGREEMENT OR ANY OTHER DAMAGE SUFFERED BY YOU DUE TO FORCES BEYOND THE REASONABLE CONTROL OF MARCEL DIGITAL AND OR ITS VENDORS OR OTHER ASSOCIATED PARTIES.
MARCEL DIGITAL IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO SYSTEM FAILURES, SYSTEM PROBLEMS, COMMUNICATIONS INTERRUPTIONS AND ERRORS, AND/OR TECHNICAL DIFFICULTIES.
- Website Usage
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Website in a manner that sends more request messages to the Website's servers in a given period of time than a human would produce in the same period by using a conventional web browser. Marcel Digital allows the operators of bona fide public search engines to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Website source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. Marcel Digital reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use.
- Compliance With Laws
You may not access, download, use or export the Website or Materials in violation of applicable laws or regulations.
- Third-Party Links
The Website may contain links to websites controlled by parties other than Marcel Digital ("Third-Party Websites"). Marcel Digital is not responsible for the availability of, contents on, charges incurred on, or your other use of, Third-Party Websites. Marcel Digital provides links to Third-Party Websites solely as a convenience to Website users, and the inclusion of any link does not imply endorsement by Marcel Digital of a Third-Party Website. You bear all risks associated with Third-Party Websites, and Marcel Digital is not responsible for any claim, loss, or damage relating to or arising out of any Third-Party Website or your use thereof.
You agree to defend, indemnify and hold harmless Marcel Digital, its officers, directors, shareholders, employees and agents from and against any and all third-party claims, and all liabilities, damages, losses or expenses arising out of or relating to such claims, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your breach of these Terms; or (b) your access to or use of the Website and the Materials.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any rights hereunder shall be deemed to waive any other rights, nor any waiver of the same rights in any different future context. No failure to enforce any rights hereunder shall be deemed a waiver thereof.
- Intellectual Property Notices
“Marcel Digital” and “Marcel Media” are trademarks and/or service marks owned by Marcel Digital.
The Website, all software, and all Materials are © 2010-2015 Marcel Digital, LLC and its respective licensors.