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Summary

• We want you to be nice to other MarketWall users.
• We don't want you to do anything illegal.
• We don't want you to hold us liable for anything bad that happens anywhere in the universe. We'll take credit for all the good stuff, though. Have you heard of chocolate? Yeah, that was us.

Acceptance of Terms

These Terms and Conditions of Use apply to the MarketWall web site located at marketwall.com (the "Awesome Service"). By using the Awesome Service in any way, you accept and agree to be bound by the following terms and conditions (the "Terms of Use"). Where applicable under law, these Terms of Use constitute a "writing signed by you." If you do not agree to the Terms of Use, do not use this site.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Awesome Service following the posting of changes will mean that you accept and agree to the changes.

Member Conduct and Appropriate Content

You may not use the Awesome Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the Awesome Service. We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Use. Further, under no circumstances does MarketWall have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any person's use of the Awesome Service.

CONDITIONS FOR USE

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Awesome Service. By way of example, and not as a limitation, you agree NOT to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
• Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
• Use other users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users.
• Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
• Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by MarketWall.
• Create a false or misleading identity of, including, but not limited to, a MarketWall employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
• Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Use the Awesome Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
• Attempt to gain unauthorized access to the Awesome Service, other accounts, computer systems or networks connected to the Awesome Service, through password mining or any other means.
• Modify, adapt, translate, or reverse engineer any portion of the Awesome Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Awesome Service.
• Reformat or frame any portion of the web pages that are part of the Awesome Service.
• Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Awesome Service.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of such solicitation.
• Interfere with another user's use and enjoyment of the Awesome Service.
• Harvest or collect email addresses or other contact information of users, from the MarketWall website by electronic or other means.

Proprietary Rights

MarketWall does not claim any ownership rights in any Materials that you submit, post, or display on or through the Awesome Service. By submitting, posting or displaying any Materials on or through the Awesome Service you grant to MarketWall a worldwide, perpetual, royalty free and non-exclusive license to use, distribute, reproduce, modify, publicly perform and display such content on and through the Awesome Service.

The contents of the MarketWall websites, other than Third Party Content, along with any associated software (collectively, the "MarketWall Content"), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of MarketWall and its licensors. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any MarketWall Content. For the purposes of this Agreement,"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating the MarketWall Content.

Privacy Policy

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the MarketWall Privacy Policy.

Termination of the Awesome Service

MarketWall may, in its sole discretion and at any time, discontinue temporarily or permanently providing the Awesome Service, or any part thereof, with or without notice. You agree that any termination of access to the Awesome Service under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that MarketWall may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Awesome Service. Where possible, MarketWall will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Awesome Service. Further you agree that MarketWall shall not be liable to you or any third party for any termination or suspension of access to the Awesome Service or modification of the Awesome Service.

Disclaimer of Warranties

MarketWall and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ("MarketWall") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Awesome Service.

MarketWall further expressly disclaims (1) that the Awesome Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Awesome Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Awesome Service or the content made available as part of the Awesome Service will be correct, accurate, timely, or otherwise reliable.

MarketWall expressly disclaims any and all responsibility and liability for the conduct of any other user, and expressly disclaims that the content and Materials of the Awesome Service input by other users is correct or accurate.

MarketWall, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE Awesome Service, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE Awesome Service), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," "WITH ALL FAULTS", "AS AVAILABLE", WITH NO WARRANTIES WHATSOEVER. MARKETWALL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

YOU AGREE THAT YOUR USE OF THE Awesome Service IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at MarketWall's request defend, MarketWall, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Awesome Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, MarketWall will provide you with written notice of such claim, suit or action.

Limitation of Liability

YOUR USE OF THE Awesome Service IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL MARKETWALL, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE Awesome Service, WHETHER OR NOT MARKETWALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Awesome Service, FROM INABILITY TO USE THE Awesome Service, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Awesome Service (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE Awesome Service OR ANY PART OF THE Awesome Service YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Awesome Service AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL MARKETWALL BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS (US$100.00).

Notices

MarketWall may provide you with notices regarding the Awesome Service or these Terms of Use by regular mail, email, or postings to this Web site.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Awesome Service.

Violation of Terms and Liquidated Damages

Please report any violations of the Terms of Use by flagging the listings(s) for review or by contacting us.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for MarketWall to pursue legal action to enforce the Terms of Use, you will be liable to pay MarketWall the following amounts as liquidated damages, which you accept as reasonable estimates of MarketWall's damages for the specified breaches of the Terms of Use:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay MarketWall one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

b. If MarketWall establishes limits on the frequency with which you may access the Awesome Service, or terminates your access to or use of the Awesome Service, you agree to pay MarketWall one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access MarketWall in excess of such limits, whichever is higher.

c. If you send unsolicited advertisement messages or emails to MarketWall users through MarketWall websites or computer systems, you agree to pay MarketWall twenty five dollars ($25) for each such message or email.

d. If you post Materials in violation of the Terms of Use, other than as described above, you agree to pay MarketWall one hundred dollars ($100) for each item of content posted. In its sole discretion, MarketWall may elect to issue a warning before assessing damages.

Otherwise, you agree to pay MarketWall's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Terms of Use, MarketWall retains the right to seek the remedy of specific performance of any term contained in the Terms of Use, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms of Use, or any combination thereof.