“Intellectual Property Rights" means copyright, patents, design rights, trade marks (whether registered or not), database rights, trade or business names and any other similar rights existing in any part of the world;
“Materials” means the content of the Website including but not limited to the text, graphics, data, documents and any other information displayed;
“Partners” any third party with whom we work in partnership with;
“Website” means the website www.marketingworldinc.com;
“We/us” means Marketing World International LLC, USA
“You/Your” means the company, firm, association or individual who makes use of or accesses the Website under these Conditions;
“Your Information” means any information provided by or disclosed by you in any area of the Website.
2.1. The Intellectual Property Rights contained within the Materials are owned solely by us unless otherwise stated.
2.2. You do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Materials to any other party or make the same available in hard copy or on any other medium without our prior written consent.
3. Your Obligations
3.1. You must ensure that all Your Information or your use of the Website must not: 3.1.1. be for fraudulent or unlawful purposes or in connection with or for the purposes of committing a criminal offence;
3.1.2. be false, inaccurate or misleading;
3.1.3. be to create a false identity;
3.1.4. infringe any third party’s Intellectual Property Rights or rights of publicity or privacy or any other rights;
3.1.5. violate any law, statute, ordinance, regulation or licence applicable to the User or any other users;
3.1.6. be defamatory, libellous or unlawfully threatening or harassment purposes; 3.1.7. be for obscene or pornographic purposes;
3.1.8. contain any computer viruses or anything which could interfere or disrupt the usual operation of the Website, its functionality or effectiveness.
3.2 You warrant that all Your Information is true, accurate, complete and up-to-date.
4. Our Obligations
4.1. We will use our reasonable endeavours to provide the Website with reasonable skill and of a competent provider of services over the Internet. However we do not guarantee that the Website will be error-free or fault-free or that you will obtain continuous, uninterrupted access to the Website. If you notice that there is an error affecting your access to or use of the Website, you should report it to us immediately and we will correct it as soon as possible.
4.1.1. Cancellation & Refund Policy
The cancellation of service must be given within 3 days of writing and no activation link or access of the service has been clicked or used. If you have activated your user account and logged into your account, you have no right of any refund or cancellation.
4.2. We reserve the right to alter the technical specifications of the Website or suspend the provision of the Website for operational reasons including but not limited to maintenance, repair, improvements or because of an emergency. We will take all reasonable steps to ensure that the Website is restored to full working order as soon as possible.
4.3. We will take all reasonable steps to ensure that the Website is free from any viruses, but we recommend that you use its own virus protection software.
4.4. We do not warrant that the Website is compatible with your browser or computer configuration.
5.2. We will take all necessary steps to comply with the Data Protection Law and any other data protection legislation in force from time to time. Subject to clause
5.3, we will not disclose Your Information to any third party unless:
5.2.1. we are specifically required to by law;
5.2.2. in response to a valid, legal request by a law enforcement or governmental authority;
5.2.3. as may be authorised by the User in writing.
5.3. By accepting these Conditions you agree that we may:
5.3.1. store, process and use Your Information to keep a record of any information or services which you have requested, for internal purposes to develop new products and services and to improve the Website;
5.3.2. to send you information by any means of communication, electronic and non-electronic about our products and services which we think may be of interest to you. You may inform us at any time in writing, click the unsubscribe link at the footer of our emails, or email us at email@example.com if you no longer require such information to be sent by us;
5.3.3. provide aggregate statistics about our customers, sales, traffic patterns and related Website information to reputable third party vendors provided that these statistics do not contain information which identifies you.
5.4. Under the Data Protection Law, you may request details of personal information that we hold about you. An official fee of $10.00 will be payable if you are outside of the USA and the EU. If you want to make a request, you should notify us in writing by post or by email to firstname.lastname@example.org.
5.5. If you believe that any of Your Information is incorrect in any respect, you should notify us in writing.
5.6. Our security procedures mean that we occasionally request proof of identity before we are able to disclose sensitive information to you.
6. Website Security
6.1. We will use all reasonable endeavours to protect the security of Your Information both on and off line. We have invested in the industry leading website security technology for a SSL. This technology offers every single visitor the greatest level of privacy by encrypting all Your Information to the highest level possible. By clicking on the SSL logo at any checkout pages, you can see our details as the registered owner of the Website and access further information on how this technology protects your privacy.
6.2. Cookies are small pieces of information that are stored on your browser on your computer’s hard drive and enable us to provide features such as remembering your address, so that you don't have to re-enter it each time you make a booking (this service is opt-in). Cookies can be deleted from your hard drive if you wish. Most web browsers automatically accept cookies, but you can change your browser settings to prevent that. Even without a cookie you can use most of the features on the web site. Our cookies do not contain any personally identifying information.
7.1. The Website may contain links that allow you to visit other websites operated by third parties. You acknowledge and agree that we have no control over any such websites and are not responsible for the protection and privacy of any information which you may provide within those websites or for the availability or content of any such websites.
8.1. We reserve the right to immediately terminate your access to the Website in the event that:
8.1.1. you breach any of these Conditions or any of the other terms and conditions contained on this Website;
8.1.2. if we cannot verify or authenticate Your Information;
8.1.3. if we believe your actions may cause legal liability for you, us or other users of the Website.
9. Limitation of Liability
9.1. We accept liability for death and personal injury resulting from our negligence and nothing in these Conditions shall apply to limit or exclude such liability.
9.2. Except as otherwise set out in these Conditions, We are not liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions for any loss of profit, pure economic loss, loss of business, destruction of data, depletion of goodwill or any other direct or indirect loss caused by us where:
9.2.1. there is no breach of a legal duty of care owed to you by us or any of our employees, agents or sub-contractors;
9.2.2. such loss or damage is not a reasonably foreseeable result of any breach of a legal duty of care owed to you by us and;
9.2.3. any loss or damage results from a breach by you or any other user of these Conditions.
9.3. Our liability to you, either in contract, tort (including negligence) or otherwise in relation to or arising out of these Conditions is limited to $50 for any one incident or series of related incidents.
9.4. If we are unable to perform any obligation under these Conditions because of a matter beyond our reasonable control such as lighting, flood, fire, explosion, war, terrorist activity, industrial disputes (whether or not involving our employees) or other events beyond the reasonable control of our suppliers, we will have no liability for that failure to perform.
9.5. Each provision of these Conditions in clause 9 operates separately. If any provision or part provision is held by a court to be unreasonable or inapplicable the other parts shall continue to apply.
10.1. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand including all reasonable professional fees made by any third party to or arising out of your breach of any terms of these Conditions or its violation of any law or the right of a third party.
11.1. These Conditions shall be governed by and construed in accordance with the laws of the United States of America and each of the parties submits to the exclusive jurisdiction of the courts in the USA.
12.1 The headings to these Conditions are for convenience only and shall not affect their construction.
12.2 Where the context so admits reference in these Conditions to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.
12.3 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
12.4 Failure or delay by us in enforcing or partially enforcing any provision of these Conditions shall not be construed as a waiver of any of its rights under these Conditions or the Contract. No waiver of any of these Conditions by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition
12.5 A person who is not party to the Contract has no right under the Contracts (Rights of Third Parties) Act to enforce any term of the Contract or these Conditions.
12.6 Any member agent should also revert to the use of this site in accordance with their terms and conditions set out in their membership agreement and agent agreement.