
Acceptance of Terms of Service: By completing the free online sign up form you agree to be bound by the Terms of Use listed in this document and agree to use this site in a manner consistent with all applicable laws and regulations.
Registration Information/Privacy: MarksGuide may disclose to third parties certain aggregate information contained in your registration application. We will not disclose your personal information without your prior written consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.
The MarksGuide website is intended for adult use only. Anyone under the age of 18 is not permitted to participate. MarksGuide reserves the right to terminate your account at will without cause. Incorrect or false registration will result in immediate account deletion.
Modifications to these Terms of Service: MarksGuide may modify these Terms of Service from time to time at its sole discretion. We will provide you with reasonable notice of any such changes; your continued use will signify your acceptance of any changes.
Modifications of Service Rendered: MarksGuide may, at our discretion, add or delete features, and services.
Content by MarksGuide Members: You alone are responsible for any content you post on MarksGuide, including but not limited to any and all information contained within profiles and comments. You agree not to use MarksGuide to post or distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You also agree not to post material that contains advertising or any form of commercial solicitation, and not to impersonate any other person or entity. MarksGuide is not responsible for any interactions that occur between members after contact information has been privately exchanged.
MarksGuide reserves the right to delete or remove any member content, and to terminate your account if we become aware and determine, at our sole discretion, that you are violating any of the foregoing guidelines.
RSS Feeds: RSS (Really Simple Syndication) is a means by which MarksGuide offers feeds of event listings in XML format to MarksGuide visitors who use RSS aggregators. These Terms of Use govern your use of the RSS service. RSS is a free service offered by MarksGuide for personal, individual, non-commercial use. You must use the RSS feeds as provided by MarksGuide, and you may not edit or modify the text, content or links supplied by MarksGuide. The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full event listing on the MarksGuide site. You may not display the RSS event listings in a manner that does not permit successful linking to, redirection to or delivery of the applicable MarksGuide site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable MarksGuide web page. MarksGuide retains all ownership and other rights in the RSS content, and any and all MarksGuide logos and trademarks used in connection with the RSS service. You must provide attribution to the MarksGuide website in connection with your use of the RSS feeds. MarksGuide reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. MarksGuide assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.
No Resale of Service: Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Copyrighted Material: MarksGuide respects the intellectual property of others and we ask that our users do the same. All material in MarksGuide, including, without limitation, text, photos, and graphics is protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by MarksGuide or a third-party content provider is allowed by members for personal use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Your access to content posted by other MarksGuide members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the member who posted it. Any material protected by copyright may not be posted on MarksGuide without the express permission of the author or owner of the copyright on that material.
Your Account and Password: You are responsible for maintaining the confidentiality of your account password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify MarksGuide of any unauthorized use of its account.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU EXPRESSLY AGREE THAT USE OF MARKSGUIDE IS AT YOUR SOLE RISK. MARKSGUIDE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MARKSGUIDE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MARKSGUIDE MAKES NO WARRANTY THAT MARKSGUIDE WILL MEET YOUR REQUIREMENTS, OR THAT MARKSGUIDE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES MARKSGUIDE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MARKSGUIDE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MARKSGUIDE. MARKSGUIDE IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MARKSGUIDE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
MARKSGUIDE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH MARKSGUIDE OR ANY TRANSACTIONS ENTERED INTO THROUGH MARKSGUIDE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH MARKSGUIDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MARKSGUIDE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE MARKSGUIDE, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH MARKSGUIDE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF MARKSGUIDE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Member Content Storage: MarksGuide assumes no responsibility for the deletion of or failure to store your content.
Indemnification: You agree to indemnify MarksGuide, it's partners, subsidiaries, affiliates, partner sites, officers and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of MarksGuide, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Termination of Membership: MarksGuide reserves the right to refuse membership to anyone. MarksGuide may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates this agreement or other policies or guidelines set out by MarksGuide elsewhere, or for online conduct that MarksGuide believes is harmful to other members, the business of MarksGuide, or other third-party information providers.
Legal Venue: This agreement shall be governed by the laws of the State of Massachusetts in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.
Entire Agreement: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.