Terms of Service
MA Chatterbox Terms of Participation
Revised March 5, 2010
Welcome to MA Chatterbox™, a unique social networking service that allows
Residents to connect with old and new friends, colleagues and business partners
(“Chatterbox”). Market America, Inc. (“MA” “we” “us” or “our”) operates
the Chatterbox network and services. Chatterbox includes any
Chatterbox-branded URL (the "Site"), the Chatterbox messaging service, the
Chatterbox shopping cart, the Chatterbox application developer service and any
other features (for example, music and video embedded players), content, or
applications offered from time to time by MA in connection with Chatterbox
(collectively, the "Chatterbox Service"). The Chatterbox Service is hosted in
the
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
1. Binding effect / Users. These Terms of Participation (“Terms”) set forth the legally binding terms for your use of the Chatterbox Service. By browsing, using or accessing all or any part of the Chatterbox Service you signify that you have read, understand and agree to be bound by these Terms, whether you are a "Visitor" (which means that you browse, access or otherwise use the Site or the Chatterbox Service without being registered) or a "Resident" (which means that you have registered with Chatterbox). The term "User" refers to a Visitor or a Resident. You are only authorized to use the Chatterbox Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to be bound by these Terms and to follow all applicable laws, you should leave the Site and discontinue use of all Chatterbox Service immediately. If you wish to become a Resident, communicate with other Residents and/or make use of the Chatterbox Service, you must indicate your acceptance of these Terms during the registration process.
2. Other Policies / Terms. These Terms include all policies currently posted by MA, and all policies to be posted by MA, on or through the Chatterbox Service, as well as those policies to be posted on or through the Chatterbox Service from time to time in the discretion of MA. In order to participate in certain parts of the Chatterbox Service, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional policies posted by MA or the additional terms and conditions applicable to the Chatterbox Service in which you choose to participate, those additional policies and terms are hereby incorporated into these Terms.
3. Modification of Terms. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD TO OR DELETE PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on this page. Each such modification shall be effective upon posting. Your continued browsing, access or use of the Chatterbox Service after MA posts a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are updated as to any changes.
4. Misuse / Prohibited Content Generally. Please choose carefully the information you post on or through the Chatterbox Service and that you share with other Users. Your Chatterbox profile may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Residents (for instance, in their profile) may be unauthorized, impermissible or otherwise violate these Terms and MA assumes no responsibility or liability for such material. If you become aware of misuse of the Chatterbox Service by any person, please click on the "Contact Us” link at the bottom of any Site page.
5. Eligibility. Being a Resident of the Chatterbox Service (“Residency”) is void where prohibited by law. By using the Chatterbox Service, you represent and warrant that (a) all registration information you submit is truthful, accurate, current and complete; (b) you will update and maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Chatterbox Service does not violate any applicable law or regulation. Your profile may be deleted and your Residency may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 years of age and you represent yourself as under 18.
6. Term. These Terms, including all posted modifications to these Terms, shall remain in full force and effect as long as you are a User of the Chatterbox Service.
7. Termination of Residency/Access. You may terminate your Residency at any time, for any reason, by following the instructions on the Account Settings page. MA reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Chatterbox Service at any time, for any reason or no reason at all, with or without prior notice or explanation, and without liability. MA expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Chatterbox Service if MA determines, in its sole discretion, that you have violated these Terms or that you may pose a threat to Chatterbox and/or its Users. Even after Residency and/or access is terminated, these Terms will remain in effect.
8. Fees. MA reserves the right to charge fees for use of or access to any portion of the Chatterbox Service and to change its fees (if any) from time to time in its sole discretion. If MA terminates your Residency because you have breached these Terms, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
9. Password. When you apply for Residency to the Chatterbox Service you will be asked to create a password. You are responsible for maintaining the confidentiality and security of your password. You agree not to use the account, username, or password of another Resident at any time. You further agree not to disclose your password to any third party. You agree to notify MA immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and for all actions that take place through the use of your account.
10. Use by Residents. You understand that, except for advertising programs offered by us, the Chatterbox Service is for personal, non-commercial use only. We reserve the right to remove commercial content in our sole discretion. Collecting usernames, user id numbers, and/or e-mail addresses of Residents by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Site, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Resident profiles without notice or explanation and may result in termination of Resident privileges.
11. MLM and Direct Sales Restriction. The Chatterbox Service may not be used, directly or indirectly, in any manner whatsoever, to recruit or network for, or sell or promote products of, any MLM or Direct Sales company except MA. Your profile will be deleted and your Residency terminated without warning, if we believe that you are in violation of this Section.
12. Proprietary Rights in Content on Chatterbox.
12.1. Rights to Site Content. All content on the Site and available through the Chatterbox Service, including without limitation, designs, text, graphics, profiles (including your name, image and likeness), messages, notes, advertisements, listings, pictures, images, video, information, works of authorship, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") are the proprietary property of MA, its Residents or its licensors with all rights reserved. Except as expressly provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, display, frame, reproduce, republish, download, post or sell any Content appearing on or through the Chatterbox Service, in any form or by any means, in whole or in part, without MA’s prior written permission, except that the foregoing does not apply to your own Resident Content (as defined below) that you legally post on the Site.
12.2. License to Site Content. Provided that you are an authorized Resident of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Resident Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, or publish the Site Content in any other form or format. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Except for rights expressly stated herein, any use of the Site Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
12.3. Resident Content. You are solely responsible for the designs, text, graphics, profiles (including your name, image and likeness), messages, notes, advertisements, listings, pictures, images, video, information, works of authorship, applications, software, music, sound and other files, and their selection and arrangement, and other content that you upload, publish or display (hereinafter, "Post") on or through the Chatterbox Service, or transmit to or share with other Users (collectively the "Resident Content"). You may not Post, transmit, or share Resident Content on the Chatterbox Service that you did not create or that you do not have permission to Post. You understand and agree that we may, but are not obligated to, review the Site and delete or remove (without notice) any Site Content or Resident Content in our sole discretion, for any reason or no reason, including Resident Content that in our sole judgment violates these Terms or any MA policy, or which might be offensive or illegal, or which might violate the rights of, or harm or threaten the safety of, Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Resident Content you Post or store on the Site or provide to MA.
12.4. License to Resident Content. When you Post Resident Content to the Site, you authorize us to make such copies thereof as we deem necessary to facilitate the posting and storage of the Resident Content on the Site. By Posting Resident Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to MA an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, modify, delete from, add to, reproduce, translate, excerpt (in whole or in part) and distribute such Resident Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Chatterbox Service or the promotion thereof, including without limitation distributing part or all of the Site in any media formats and through any media channels, to prepare derivative works of, or incorporate into other works, such Resident Content, and to grant and authorize sublicenses of the foregoing. This limited license does not grant MA the right to sell your Resident Content. You may remove your Resident Content from the Site at any time. If you remove your Resident Content, you acknowledge that MA may retain archived copies of your Resident Content. MA does not claim any ownership over your Resident Content; rather, as between us and you, subject to the license rights granted to us in these Terms, you retain full ownership of all of your Resident Content and any intellectual property rights or other proprietary rights associated with your Resident Content.
12.5. You’re Rights to Resident Content. You represent, warrant and agree that: (i) you own the Resident Content submitted through your account or otherwise posted, submitted or shared by you on or through the Chatterbox Service or otherwise have the right to grant the license set forth in this Section, (ii) the posting of your Resident Content on or through the Chatterbox Service does not violate or infringe upon the rights of any third party, including, without limitation, privacy, publicity, intellectual property, copyrights, trademark, contract or any other rights of any person or entity, and (iii) the posting of your Resident Content on or through the Chatterbox Service does not contain libelous, defamatory or unlawful material.
12.6. Payment of Royalties; Indemnity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Resident Content posted by you on or through the Chatterbox Service. You further agree to indemnify and hold harmless MA its parents, subsidiaries, affiliates, and their respective representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) arising out of or resulting from the infringement or alleged infringement of any copyright, trademark, trade secret, U.S. patent, or other proprietary right of a third party asserted against MA as a result of your Resident Content or other information posted, used or shared by you through the Chatterbox Service.
12.7.
Copyright/Patent.
All Site design, text, graphics, logos, button icons, images, photos, audio
clips, video clips, MA Marks (as defined below) digital downloads, data
compilations and software are owned solely and exclusively by MA or its content
suppliers and protected by U.S. and international copyright or patent laws.
The compilation of all content on the Site is the exclusive property of MA and
protected by
12.8. Trademarks. “Market America,” the Market America logo, “Chatterbox,” “Built on Product, Powered by People,” all MA product and service names and logos, UnFranchise®, and all other MA graphics, page headers, button icons, logos, scripts and service names are service marks, trade names, trademarks and/or trade dress of MA, Inc. in the United States and/or other countries (collectively “MA’s Marks”). MA’s Marks may not be used in connection with any product or service that is not MA’s, in any manner that is likely, in the discretion of MA, to cause confusion among customers, or to disparage or discredit MA. All other trademarks not owned by MA that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MA.
12.9. Technical Functions. MA performs technical functions necessary to offer the Chatterbox Service, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Chatterbox Service.
13. Content Posted.
13.1. MA’s Right to Refuse Content. MA reserves the right to reject, refuse to post, delete or remove any Content Posted or transmitted by you (including private messages), for any reason or no reason at all, including, without limitation, Content that in the sole judgment of MA violates these Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. MA assumes no responsibility for monitoring the Chatterbox Service for inappropriate Resident Content or conduct. If at any time MA chooses, in its sole discretion, to monitor the Chatterbox Service, MA nonetheless assumes no responsibility for the Resident Content, no obligation to modify or remove any inappropriate Resident Content, and no responsibility for the conduct of the Resident submitting any such Resident Content.
13.2. Responsibility for Chatterbox account. You are solely responsible for a) the Content Posted by you or otherwise transmitted or shared by you (or any other party through your Chatterbox account) on or through the Chatterbox Service, b) any and all material or information transmitted by you (or any other party through your Chatterbox account) to other Residents or Users and c) interactions with other Residents or Users by you (or any other party through your Chatterbox account).
14. Prohibited Content. Certain types of information may not be posted on or through the Chatterbox Service, either because the Posting or sharing of such information is illegal, or because it is prohibited by MA (the “Prohibited Content”). MA reserves the right to investigate and take appropriate action against you if, in MA’s sole discretion, you violate this provision, including without limitation, removing the Prohibited Content from the Chatterbox Service, reporting you to law enforcement authorities, deleting your profile and any content or information you have posted on the Site, prohibiting you from using or accessing the Chatterbox Service (or any portion thereof) and/or taking other action to restrict your use of or access to the Chatterbox Service (or any portion thereof) and terminating your Residency. The following are examples of Prohibited Content. These examples are illustrative only. They are not a complete list of Prohibited Content.
Prohibited Content includes, without limitation, Content that, in the sole discretion of MA:
14.1. is patently offensive;
14.2. promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
14.3. harasses or encourages others to harass an individual or group of individuals;
14.4. exploits or encourages others to exploit any individual or group of individuals in a sexual or violent manner;
14.5. contains nudity, violence, or offensive subject matter or contains a link to any type of adult Web site;
14.6. solicits personal information from anyone under 18 years of age;
14.7. poses or creates a privacy or security risk to any person;
14.8. is false or misleading;
14.9. promotes illegal activities;
14.10. is abusive, threatening, obscene, defamatory or libelous or encourages others to be abusive, threatening, obscene, defamatory or libelous;
14.11. is or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
14.12. involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, instant messaging, "spimming," or "spamming";
14.13. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
14.14. solicits or promotes (or encourages others to solicit or promote) a criminal activity or enterprise or provides instructional information (or encourages others to provide instructional information) about illegal activities including without limitation, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
14.15. solicits or encourages others to solicit passwords or personal identifying information for commercial, or unlawful purposes from other Residents or Users;
14.16. involves commercial activities and/or sales such as contests, sweepstakes, direct sales, MLM, barter, advertising, or pyramid schemes (except as otherwise expressly permitted hereunder);
14.17. includes personal information about, or a photo or video image of, another person that you have posted without that person's consent;
14.18. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to a profile; or
14.19. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity; or
14.20. is otherwise inconsistent with applicable law or MA rules.
15. Prohibited Activities. Certain activities are prohibited on or through the Chatterbox Service, either because such activities are illegal, or because they are prohibited by MA (the “Prohibited Activity or “Prohibited Activities”). MA reserves the right to investigate and take appropriate action against you if, in MA’s sole discretion, you violate this provision, including without limitation, reporting you to law enforcement authorities, deleting your profile and any content or information you have posted on the Site, prohibiting you from using or accessing the Chatterbox Service (or any portion thereof) and/or taking other action to restrict your use of or access to the Chatterbox Service (or any portion thereof) and terminating your Residency. The following are examples of Prohibited Activities. These examples are illustrative only. They are not a complete list of Prohibited Activities.
You agree not to participate in any of the Prohibited Activities in relation to your use of the Chatterbox Service. By way of illustration, and not of limitation, you will not:
15.1. Engage in or solicit or encourage others to engage in or solicit criminal or tortuous activities, including, without limitation, child pornography, fraud, trafficking in obscene materials, drug dealing, human trafficking, prostitution, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
15.2. Upload, post, transmit, share, store or otherwise make available any instructions for committing a criminal offense (or encourage others to do the same);
15.3. Engage in or solicit, or encourage others to engage in or solicit activities that could damage, disable, overburden or impair the Site;
15.4. Upload, post, transmit, share, store or otherwise make available any Prohibited Content (or encourage others to do the same);
15.5. Advertise, solicit or promote any products or services. You may not transmit any chain letters or junk e-mail to other Residents. In order to protect our Residents from such advertising or solicitation, MA may, as it deems appropriate in its sole discretion, restrict the number of e-mails a Resident may send to other Residents in any 24-hour period. If you breach this Section by sending unsolicited bulk e-mail, instant messages or other unauthorized commercial communications of any kind through the Chatterbox Service, you acknowledge that you will have caused substantial harm to MA, and that the amount of such harm would be extremely difficult to calculate. As a reasonable estimation of such harm, you agree to pay MA $250 for each such unsolicited commercial communication you send through the Chatterbox Service;
15.6. Circumvent or modify, attempt to circumvent or modify, or encourage or assist others to circumvent or modify any security feature or software that is part of the Chatterbox Service;
15.7. Upload, post, transmit, share, store, use or otherwise make available any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network (or encourage or assist others to do the same);
15.8. Cover or obscure the banner advertisements on your personal profile page, or any Chatterbox page;
15.9. Automate any portion of the Chatterbox Service, including, without limitation, using scripts to add friends or send comments or messages;
15.10. Interfere with, disrupt, or create an undue burden on the Chatterbox Service or the networks or services connected to the Chatterbox Service;
15.11. Impersonate or attempt to impersonate any person or entity, create a false identity or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
15.12. Use or attempt to use the account, username, password, Service or system of another Resident at any time;
15.13. Register or attempt to register for more than one Resident account, register or attempt to register for a Resident account on behalf of another person or entity;
15.14. Disclose your password to a third party or permit a third party to access your account;
15.15. Sell, gift or otherwise transfer your profile;
15.16. Upload, post, transmit, share, store or otherwise make available through the Chatterbox Service any private or contact information of any third party (or encourage others to do the same).
15.17. Solicit personal information from any person under 18 years of age;
15.18. Harvest or collect e-mail addresses or other contact information of Residents by electronic or other means;
15.19. Intimidate, abuse or harass another person, attempt to intimidate, abuse or harass another person or encourage others to do the same;
15.20. Display an unauthorized commercial advertisement on your profile, or accept payment or anything of value from a third person in exchange for your performance of a commercial activity through the use of the Chatterbox Service on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
15.21. Use any Chatterbox Service or the Site in a manner inconsistent with any applicable law or regulation or MA rule.
16. Protecting Copyrights and Other Intellectual Property. MA respects the intellectual property rights of others, and we require that our Users do the same. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. MA has the right to terminate your Residency if you take any action that infringes any third party intellectual property.
Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MA’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MA that your copyrighted material has been infringed.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of the location on the Site of the material that you claim is infringing;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
MA’s Agent for Notice of copyright or other intellectual property infringement can be reached as follows:
By e-mail:
copyrights@markethongkong.com.hk
17. Resident Disputes. You are solely responsible for your interactions with other Chatterbox Residents. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Resident(s).
18. Privacy and Terms of Service. Use of the Chatterbox Service is subject to MA’s Privacy Policy and MA’s Terms of Service, which are each incorporated into these Terms by this reference. To view MA’s Privacy Policy and Terms of Service, please visit your Customer Manager’s MA Web Portal.
19. Disclaimers.
19.1. Resident Content. MA is not responsible or liable for, and makes no warranties, express or implied, as to the Resident Content or the accuracy and reliability of the Resident Content posted on or through the Chatterbox Service, whether Posted or caused by Residents or by any of the equipment or programming associated with or utilized in the Chatterbox Service and such Resident Content does not necessarily reflect the opinions or policies of MA. Although we provide rules for Resident conduct and postings, we do not control and are not responsible for what Residents Post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Resident Content. MA is not responsible for the conduct, whether online or offline, of any User of the Chatterbox Site or Service.
19.2. Third Party Web Sites in Resident Content. Resident Content may contain links to other Web sites. Such Web sites are not investigated, monitored or checked for accuracy or completeness by MA and MA is not responsible or liable for the content, accuracy or opinions expressed on such Web sites. Inclusion of any linked Web site on the Chatterbox Service does not imply MA’s approval or endorsement of, or agreement with, the content of the linked Web site. If you choose to access third party Web sites, you do so at your own risk.
19.3. Third Party Advertisements / Applications. MA is not responsible or liable for third party advertisements or third party applications that are posted on or through the Chatterbox Service, nor does it take any responsibility for the goods or services provided by its advertisers.
19.4. Availability of the Chatterbox Service. The Chatterbox Service or any portion thereof may be unavailable from time to time for maintenance or other reasons. MA assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. MA is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Chatterbox Service or combination thereof, including any injury or damage to User’s or to any other person's computer, mobile phone or other equipment related to or resulting from participation or downloading materials in connection with the Chatterbox Service. Under no circumstances shall MA be responsible or liable for any loss or damage, including without limitation loss of Resident Content, personal injury, property injury or death, resulting from anyone’s use of the Chatterbox Service, from any Resident Content posted on or through the Chatterbox Service, or from the conduct of any User(s) of the Chatterbox Service, whether online or offline.
19.5. DISCLAIMER OF WARRANTIES. THE CHATTERBOX SERVICES AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND AS AVAILABLE AND MA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CHATTERBOX SERVICE. MA DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE CHATTERBOX SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR THE CHATTERBOX SERVICE, THEIR SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE CHATTERBOX SERVICE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
20. Limitation on Liability. IN NO EVENT SHALL MA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CHATTERBOX SERVICE, OR THE SITE CONTENT EVEN IF MA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO MA, FOR THE CHATTERBOX SERVICE ONLY, IF ANY, DURING THE TIME YOUR ARE A REGISTERED RESIDENT OF CHATTERBOX. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO MA FOR USE OF THE CHATTERBOX SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MA, REGARDLESS OF THE CAUSE OF ACTION.
21.
22. Disputes.
These Terms shall be governed by, and construed in accordance with, the laws of
the State of
23. Indemnity. You agree to indemnify and hold harmless MA its parents, subsidiaries, affiliates, and their respective representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the use by you or any person of your Chatterbox account; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) Content Posted by you or any person through your account.
24. Other. These Terms are accepted upon your use of the Site or the Chatterbox Service and is further affirmed by you becoming a Resident. These Terms constitute the entire agreement between you and MA regarding the use of the Chatterbox Service. The failure of MA to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Chatterbox is a trademark of Market America, Inc. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: admin@machatterbox.com with any questions regarding these Terms.