Terms & Conditions, Privacy
Last update: September 14, 2014
1.5. We reserve our right to refuse provision of the Services, to anyone, for any reason or for no reason all subject to applicable law.
1.6. All communications between You and Us shall be by electronic means. You hereby agree to receive communications from Us in an electronic form.
1.7. These terms apply to users that become members of Marketman ("Member" or "Members") as well as those who are just visiting the sites.
2. Creating an Account
2.1. Our services are available only to registered users. In order to use such Services You are required to register and open an account in which you will be required to fill out the Services Ordering Form ("SOF") in Our web site. For the avoidance of doubt, in case of a conflict between the provisions set forth in the SOF and provision set forth in TOU herein, the SOF shall prevail. ok
2.2. Upon successful completion of registration, You will have an account at Marketman and You will be logged-in to the Site and Services. From time to time, We may establish and require additional or different means of identification and authentication for logging in to the Site and/or Service.
2.3. We, at our sole discretion, may ask You to provide Us with additional information in order to verify the account is Yours.
2.4. You agree that all information provided by You is accurate, full, complete and up-to-date at all times.
2.5. You will be the sole beneficiary of any registration process. Additionally, You may not use the accounts of others, or allow others to use Your account, and You are solely responsible for preventing such unauthorized use of Your account.
2.6. You are solely responsible for maintaining the confidentiality of Your account. You assume full and exclusive responsibility for Your failure to maintain Your account username and password confidential, inter alia, for conveying Your username and/or password to a third party and for all consequences resulting therefrom.
2.7. We strongly recommend having a complex password, to be kept secured at all times. You are also encouraged to change your password regularly.
2.8. In the event You suspect Your account has been breached and/or have noticed unauthorized/abnormal usage, You are obligated to inform Us immediately using the "Contact Us" option located at the top of our homepage.
3. The Services
3.1. Marketman provides a collection of online services on the Site inter alia, to food producer, buyer, distributor and advertisers which includes but not limited to email services, promotional and marketing services. Among other things, Marketman has developed online vendors managing platform which helps users buy or sale products through the use of a web-based interface. (the "Services").
3.2. When We provide you with the Services, We may also present you the actual prices from leading Vendor's site or from the sites of one of Our affiliates, where you can purchase or order the product.
3.3. Please note, Marketman shall not be liable nor take any responsibility regarding the quality of the products purchased and/or any other complaint You may have regarding the purchase process. Please contact the Vendor or the Affiliate through which you have purchased the product in regard to such matters.
4. Marketman is merely a Platform
4.1. The Site is an online communications platform for enabling connection and the exchange of information between food buyers, sellers and associate members and others dealing in food or agriculture. In addition, Marketman may run advertisements and promotions from third parties on the Sites, host third-party content or otherwise provide information about or links to third-party products or services on the Site. However, Marketman does not control or take part in the interaction between Members, and your business dealings or correspondence with, or participation in promotions of, other Members or any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such other Member or third party. Users do hereby represent, understand and agree that Marketman does not have control over the quality, condition, , safety, accuracy, timing, labeling, price, legality, suitability or any other aspect whatsoever of the products or services actually delivered by its Members or site users, nor of the integrity, responsibility or any of the actions whatsoever of its Members or Site users. Marketman makes no representations about the quality, condition, price, suitability, reliability, timeliness, safety, and accuracy of the products, services or content provided by its Members or site users through the Site whether in public, private or offline interactions. Marketman does not assume any responsibility or liability for any third party products, services or content, for the accuracy or reliability of any information provided by its Members or site users or for any loss or damage of any sort incurred as the result of any business dealings or interactions with other Members or third parties. Marketman does not assume and expressly disclaims any liability that may result from the use of the information, products or services provided by its Members or site users. Marketman is not responsible for the conduct, whether online or offline, of any user of the Site or member of the Service. All site users, Members and nonmembers, expressly agree not to hold Marketman (or Marketman's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, or your employer, if you become a Member through your employer, hereinafter "Affiliates") liable for any instruction, interaction, advice, transaction, product or services delivered which originated through the Site, and Marketman disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
5. Use of the Services and Content Policy
5.2. You may not harass or intimidate any other users of the Site and/or the Services.
5.3. You may not submit any unwanted e-mail, spam or comments to any of the members of the Site and/or the Services.
5.4. You may not transmit via the Site and/or the Services any virus, worm, Trojan horse or any other potentially malicious code.
5.5. You may not crawl, scrape, or otherwise cache any Content from the Site and/or the Services, without our prior written consent.
5.6. You agree to be held solely responsible and solely liable for anything that occurs in Your account and any activity in Your account
5.7. You may not use the site for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity, or any activity that violates.
5.8. You are solely responsible for your conduct while on the Sites, using the Service, and interacting with other Members, and you acknowledge and agree that Marketman is not responsible or liable in any manner for the conduct of other users, Members or third parties in connection with the Sites or the Service.
5.9. As it relates to products, you agree to:
5.9.1. Abide by all laws and regulations for any products promoted or listed on Marketman, including but not limited to proper labeling and acquiring all necessary licenses, permits and other legal documentation required for the sale of any products you offer on Marketman.
Any failure to comply with the Content or user conduct rules set forth above is a violation of these TOU and may result in, among other things, termination or suspension of your rights to use the Sites and the Service.
5.10. Copyright License: We do not claim any ownership rights of any kind in Content that You post on or through the Site and/or the Services. You shall retain all of Your ownership rights in and to the Content You submit or post. However, by contributing Content or other information on or through the Service, You grant Us a royalty-free, perpetual, irrevocable, sub licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, and without compensation to You. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Statements that You may have under any applicable law under any legal theory. Your license of any Content or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
5.11. Content Liability: You hereby declare that, other than specific Content provided by Us, You are the sole owner or the exclusively licensed of any and all content You process through the Service and that no other third party's rights were breached or infringed in the course of Your actions. Additionally, You hereby declare that no claim, litigation or demand was filed against You, or threatened, in respect of content.
5.12. For the protection of Your rights, other users' rights, third parties' rights and the verification that no third party's rights were infringed, We provide a Notice & Remove process:
5.12.3. Request to remove content: We value Your rights and the rights of third parties. Therefore, We shall obey any legal order in connection with the rights of third parties. If You find any content to be infringing Your rights, harms Your good name or reputation and/or Your intellectual property, please file a complaint using the "Contact Us" option located at the top of our homepage.
5.13. You agree that information and opinions in Content created by third parties represent solely the thought of the author and are neither endorsed by Us or reflect our beliefs. You acknowledge that You may be exposed to certain Content which may violate our policies or otherwise be offensive to You.
5.15. In using the Site and/or the Services You agree not to violate any applicable laws in Your jurisdiction (including but not limited to any copyright laws).
7. Using Third Party Services
7.1. The Marketman site and the Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Marketman, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
7.2. Your interactions and business dealings with organizations and/or individuals found on or through the Sites or the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Marketman shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. We will not be responsible for, and do not endorse, any third party content, sites or services, including without limitation, products, tests, studies, procedures, services, opinions, or websites accessed or mentioned on the Site and/or through the Services.
7.3. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Marketman is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Marketman, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
7.4. For the avoidance of doubt, Marketman shall not be liable nor responsible for the quality of the product purchased or any other complaint You may have regarding the purchase process made through a third party's site or service. Please contact such third party directly in regard to such matters.
9.2. We may store identifying personal information which You supply Us, including Your full name, gender, email address, friends list, country Your social networks accounts and other personal information which may be provided by You.
9.3. We may also store non-identifying personal information, which may be used by the Service, such as Your IP address, Your approximate location, versions of Your operating systems, dates You used the Service, products You've liked, links, clicks and other information which does not identify You and was provided to Us through Your use of the Service.
9.4. We may use Your personal information in order to supply You with the Services, and We may use Your personal information in order to improve the Site and Services and examine additional features. We may also use and disclosed statistical information based on our users' activity and business information, such as prices and other commerce data. We will never disclose any specific information of You or any statistical information that may disclose your business information.
9.5. We use high standard security measures to secure Your personal information. Therefore, parts of Your personal information may be encrypted.
9.6. Our employees and agents will have access to the information. We may disclose information if required by competent law enforcement authority according to a court order or other legal provision.
9.7. Please be informed that We use several third party services to provide the Services, including among others, Amazon, Wal-Mart and Best Buy. Please take time and read their Use Privacy Policies.
9.8. You may contact Us using the "Contact Us" option located at the bottom of our homepage and request to browse, review and/or remove information about You or parts of it.
9.9. In case You feel Your privacy was violated in any way, please contact Us immediately using the "Contact Us" option located at the top of our homepage, and We will examine Your complaint.
10. No Warranty
10.1. The Site and the Services are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, We explicitly disclaim all warranties, express or implied, regarding the Site and the Services, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of any trade, including without limitation to the Site and/or the Services being free from defect or any virus, worm, Trojan horse or any other potentially malicious code. YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSE OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE AND SERVICES. WE MAKE NO WARRANTY THAT THE SITE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE SITE AND/OR THE SERVICES, OR TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THEREBY. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION YOU MAY RECEIVE FROM US OR THROUGH US AT ANY TIME.
10.2. The Site and Services, as well as Your Content, may become unavailable, in whole or in part, due to technical failure, maintenance and upgrade works, as well as upon our sole discretion or otherwise.
10.3. Without derogating from the above, You hereby acknowledge and agree that in providing the Services and operation of the Site, We may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, clearing services providers, etc. Any transaction may be temporarily refused, limited, interrupted, or curtailed due to government regulations or orders, network modifications, repairs, and upgrades or banking, financial institution or other similar bodies. WE ARE NOT, AND SHALL NOT BE, OBLIGED TO PROVIDE THE SERVICES WHERE SUCH FACTORS PREVENT IT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTY PROVIDER.
10.4. You are solely and exclusively responsible for all Your communications and interactions with Us or with any person or entity with whom You may communicate, interact or engage as a result of Your use of the Site and/or the Services. You agree and confirm that We do not, and do not intend to, make any inquiries of any person or entity or verify the information any person or entity submits or provides while using the Site and/or the Services. You agree to take precautions in all communications and interactions with any person or entity whether made on-line or off-line.
11. Limitation of Liability
11.2. YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE OF THE SITE OR THE SERVICES BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS OR LIABILITY RELATING IN ANY WAY THERETO.
11.3. THE PROVISIONS OF THIS SECTION 11 SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Confidentiality and Security
13.1. Please note: Some of our Services are supported by advertising revenue and may display advertisements and promotions. You hereby irrevocably agree that We may place such advertising and promotions on our Site and/or the Services or on, about, or in conjunction with Your Content. The manner, mode and extent of such advertising and promotions are subject to our sole discretion, and We will not be obliged to give You any notice whereas to such changes in the advertising and promotions abovementioned.
13.2. You represent and warrant that:
13.2.1. You own the Content posted by You on or through our Site and Services or otherwise have the right to grant the license set forth in this Section;
13.2.2. The displaying, posting or publishing and use of Your Content on or our Site and Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person and/or entity;
13.2.3. The displaying, posting or publishing of Your Content on the Site and/or through the Services does not result in a breach of contract between You and a third party; and
13.2.4. If applicable, You agree to pay for all royalties, fees, and any other form of compensation owing any person and/or entity by reason of Content You post on or through our Site and Services.
13.5. You acknowledge and agree that We and our licensors (as applicable) retain sole, full and exclusive ownership of all intellectual property rights of any kind related to the Site and the Services, including copyrights, trademarks and other proprietary rights ("Intellectual Property Rights"). No license is granted hereunder to any Intellectual Property Rights. Marketman, "www.Marketman.biz" are our trademarks. Other names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You hereunder.
13.6. If You believe that Your work has been used in a way that constitutes copyright infringement by users of the Site or Services (in their capacity as such), please provide Us all information pertaining thereto as soon as possible. We reserve the right, but not the obligation, to ask You for any further information as We deem appropriate.
14. Feedback and Complaints
14.1. We welcome and encourage You to provide feedback, comments, complaints and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by using the "Contact Us" option located at the top of our homepage. You hereby acknowledge and agree that all Feedback will be solely and exclusively our property and You hereby irrevocably assign to Us all right, title, and interest that You may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
14.2. When submitting a complaint, You must also provide Us with:
14.2.1. Written statement regarding the Content which You find as infringing Your rights, and a proof that You are the holder of these rights.
14.2.2. The Content's exact URL.
14.2.3. A statement in which You declare that You believe that the use of the Content is not fair use, criticism, consumer protest or any other protected expression.
14.3. Following Your complaint to remove specific content, and as soon as possible, We will forward the Content to "suspended" status, and examine Your complaint. if a legal claim or factual dispute will arise, We will remove the content or provide You with details for further care.
15. General Terms
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