Last Updated: May 25, 2018
We provide a hosting platform for You to build Your online business. We have partnered with service providers to enable You to add such things as accepting payments, deploying funnels, automation and the use of conversion optimizers. We are not responsible for Your interaction with these service providers.
These terms and conditions set out Your responsibilities in relation to using Our platform and Services.
Essentially, in exchange for subscription payments, We will grant You a right to use Our Service in accordance with this Agreement and You are responsible for Your use of Our Service and all aspects of Your online business and presence. For example, We provide you details of how We use Your personal information but You are responsible for the use and management of personal information of customers who access Your online business including how third party service providers or plug-ins use Your customers personal information.
These terms and conditions are integral to Your use of our Services and You should ensure You understand all of Your obligations as a breach by You of this Agreement may result in Us terminating this Agreement and the removal of Your online business from Our platform.
You hereby certify to Netbloo that You are at least 18 years of age. In jurisdictions where 18 is not the age of consent to contract, You represent and warrant that You have all necessary authorizations and permissions from an appropriate legal guardian. You also certify that You are otherwise legally permitted to use the Service.
MODIFICATIONS OF THIS AGREEMENT.
Netbloo Media reserves the right to modify or replace any of the terms or conditions of this Agreement at any time. You will be notified of such changes by email, account notification, or a notice posted on the Website. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
ACCOUNT INFORMATION YOU SUBMIT TO US.
To subscribe to the Service You may be required to create a Service account (“Account”). In the event You submit any information to the Service (such as during the registration process – for example, entry of Your credit card payment details), You represent and warrant that You have full right and authority to do so – and that such information is complete and accurate at all times. You must not share Your Account log-in details with anyone.
SERVICE UPDATES, IMPROVEMENTS AND NEW FEATURES.
Netbloo Media is not obligated to provide any maintenance, support, updates or improvements to the Service. However, if Netbloo Media, in its sole discretion, provides You with any updates or improvements – this Agreement shall apply to them. Updates, improvements and special features may be subject to different or additional terms or conditions.
Note: The Market Pro Max platform was retired in August 2017. No further updates or new tools will be developed or provided. This platform may not have the tools or ability for you to effectively manage your business moving forward or for your business to be compliant with different regulations (GDPR and other). You agree and understand that this platform may no longer be suitable for your business and your continued use of this platform is at your own risk. We will in no circumstances be liable for any loss or consequential loss to you, or any third party, arising out of your continued use of this platform.
OWNERSHIP: GRANT OF LICENSE; RESTRICTIONS.
Ownership. Netbloo Media reserves all rights not expressly granted to You in this Agreement. Netbloo Media and/or its licensors retain title to all right, title and interest in and to the Service and any or all intellectual property rights therein.
Grant of Use Right: Software License. Subject to the terms and conditions of this Agreement, Netbloo Media grants You a nonexclusive, personal, revocable, non-transferable, non-sublicensable right to access and use the Service, on a remote basis, solely for the purposes for which it is provided by Netbloo Media and only in accordance with all Documentation. “Documentation” shall mean the documentation, in either electronic or printed format, provided with, or made accessible via, the Service. YOU MAY ONLY USE THE SOFTWARE OR AUTHORIZED THIRD-PARTY SOFTWARE TO ACCESS AND/OR USE THE SERVICE. For clarity, Software is included in the definition of “Service”.
Lifetime Licenses. Lifetime access means access for the life of the Service. Your lifetime license means You will have lifetime access to the current version of the Service provided to You at the time of Your purchase (or subscription to) the Service. For example if at the time of purchase (or subscription to) the Service You received lifetime access to Version 1 of the Service, You will have lifetime access to Version 1. Netbloo Media is not required to make any further updates, fixes or enhancements to that specific version. Access to any other version of Market Pro Max may require a new purchase (or subscription). The foregoing is subject to Netbloo Media’s termination rights herein.
SERVICE TERMS AND LIMITATIONS.
User Agreement. In order to access certain Service, You will be required to register for a Market Pro Max account (an “Account”). You agree to: (a) provide true, accurate, current and complete information about Yourself when registering for an Account; and (b) maintain and promptly update Your Account to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Netbloo Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Netbloo Media has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service.
User Representations. You represent and warrant to Netbloo Media that You will (a) maintain the security of Your user identification, password and other confidential information relating to Your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that You receive, transmit through or store on the Service; (c) maintain all charges resulting from the use of Your Account, including but not limited to, unauthorized use of Your Account prior to You notifying Netbloo Media in writing of such use and taking steps to prevent its further occurrence by changing Your password; (d) comply with the terms set forth herein; and (e) comply with all applicable laws and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding Your use of the Service, including but not limited to your obligations regarding privacy, taxation, accounting, reporting and copyright. You further represent and warrant that (i) all information provided by You to Netbloo Media, is truthful, accurate and complete; (ii) You shall comply with all terms and conditions of this Agreement; and (iii) You have provided and will provide accurate and complete registration information, including, without limitation, Your legal name, address and telephone number. If You are using the Service on behalf of another person or entity, You further represent and warrant that You have the authority to bind the party or entity for which You are using the Service to this Agreement.
You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for You to (a) publish, publicly perform or display, or distribute to any third party any Documentation, including reproduction on any computer network or broadcast or publications media; (b) market, sell or make commercial use of the Service ; (c) systematically collect and/or use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (d) make derivative uses of the Service; or (e) use, frame or utilize framing techniques to enclose any portion of the Website (including the images found at this Website or any text or the layout or design of any page or form contained on a page). For clarity, Documentation is included in the definition of “Service”.
The Service contains copyrighted material, trade secrets, and other proprietary materials of Netbloo Media and its licensors. You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither You nor a third party acting on Your behalf will directly or indirectly: (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction)the service or create derivative works based on the Service; (b) copy the Service (including any content) or engage in any acts inconsistent with the principles of copyright protection and fair use without obtaining the express written consent of Netbloo Media and/or the copyright owner; (c) distribute, display (except for the purposes authorized herein), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Service, in whole or in part; (d) transmit the Service or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); or (e) remove any proprietary notices or labels on or in the Service.
You may not use any software or services in conjunction with the Service or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, the Service. You may not authorize any third party to access and/or use the Service on Your behalf using any automated process such as a BOT, a spider or periodic caching of information stored by the Service on Your behalf without a separate written agreement with Netbloo Media. You may not use any software or hardware that reduces the number of users directly accessing or using the Service (sometimes called 'multiplexing' or 'pooling' software or hardware). For clarity, all restrictions contained in this Agreement, and all of Netbloo Medias rights, with respect to the Service will apply to any product, service or portion thereof.
CLIENT CONTENT FOR DISTRIBUTION.If You provide any content (“Your Content”) for distribution or access to any of Your customers or other third parties (collectively, “Customers”), You hereby grant Netbloo Media and its affiliates and distribution partners an irrevocable, perpetual, non-exclusive, royalty free, fully paid-up right and license to reproduce, copy, display, transmit and otherwise distribute Your Content to the applicable Customers. Netbloo Media may modify Your Content as it deems reasonably necessary for technical and formatting purposes (and to comply with any Policies). You represent and warrant that (i) you have all right, power and authority to grant the foregoing right and license and (ii) none of Your Content will infringe or otherwise violate the rights of any third party.
CLIENT USER DATA.
We take your privacy and the collection and use of Your personal information seriously and have dealt with Our relationship with You in our Privacy section near the end of this Agreement. This section deals with personal data you may collect from Your customers and Your obligations
You are responsible for disclosure to Your Customers of the way third party service providers use the personal information of Your Customers. You will need to review the Privacy Policies of these providers to be able to provide this information to Your Customers.
If We provide any additional functions to Our Services (such as edit/export/delete of personal information function), We do so simply as a tool for You. We do not warrant the suitability of such items for Your situation or that such items will enable compliance by You with either this Agreement or relevant Legislation.
You hereby grant (and warrant that you have taken all steps necessary to ensure you have the right to grant, including advising Your Customer of this possible use) to Netbloo Media an irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up right and license to access such Client User Data for the purposes of (a) providing You with reports and other functions related to the Service; (b) analyzing and improving the Service; and/or (c) compiling aggregate data derived from Your use of the Service to compile statistics, metrics, insights and general trend data about the Service for, among other things, Netbloo Media’s marketing and promotional purposes. This information will be presented only in aggregate form, and Netbloo Media will not share specific site data that identifies You or Your Customers without Your permission. You represent and warrant that You have all rights, licenses, and consents required to license Client User Data to Netbloo Media on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.
You represent and warrant that each time You post Client User Data or other content on or through the Service, You own or otherwise control the rights or have the necessary consents to post such Client User Data or other content and to enable inclusion and use of the Client User Data in the manner contemplated by the Service. You further warrant, represent and agree that You will not contribute any Client User Data or other content that (a) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (b) violates any law, statute, ordinance or regulation; (c) You should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (d) contains malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; and/or (e) circumvents, disables or otherwise interferes with security-related features of Service or its features that prevent or restrict use or copying of any content.
You agree that the Service contains information and other content specifically provided by Netbloo Media or our partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Us in writing, You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. Reproducing, copying or distributing any such content, including any materials or design elements on the Service, for any other purpose is strictly prohibited without the express prior written permission of Netbloo.
You are solely responsible for Your Content and acknowledge that Netbloo Media only provides a platform for Your Content. You warrant that you are the lawful owner of or have the necessary license to use Your Content and that Your Content will not infringe or violate any third-party right, including any copyright, trademark, moral right, privacy right or other intellectual property right. Netbloo Media does not have any obligation to monitor Your Content, this is Your responsibility and any risk is with You.
Unless otherwise stated, all fees are stated in U.S. Dollars. Prices of the Service is located at the Website, including but not limited to monthly subscription plan fees to the Service (“Fees’). Fees are subject to change on forty-eight (48 hours’ notice from Us (and will go into effect at the beginning of your next subscription period). Such notice may be provided by posting the changes to the Market Pro Max site (marketpromax.com) or the Service itself. Netbloo Media shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
Access and/or use of certain parts of the Service, may be on a subscription Fee basis (Your “Subscription”). You understand and agree that (i) You will pay Netbloo Media the Fees for the Service applicable to the account level chosen, and (ii) during the Term (as defined herein) Netbloo Media will charge You the Fees for the entire period of the Term, and (iv) all Fees are paid in advance and are non-refundable (but, if Netbloo Media terminates this Agreement without cause it will refund to You all fees paid in advance for the then-current subscription term).
The Fees for the Service do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Service. Except as set forth above, there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. We reserve the right to deactivate Your access to the Service for failure to pay applicable Fees. In the event You fail to pay any amount when due, Netbloo Media may immediately suspend or terminate this Agreement and Your access to the Service.
Where credit card payments have been authorized, this section applies. All Fees due will be billed to the credit card identified by You during registration (or to an updated credit card if You change Your payment information during the subscription). You authorize the relevant card issuer to pay any amounts due under this agreement. If You upgrade Your subscription plan, Your credit card may be charged accordingly for the relevant upgrade fees. You agree to provide current, complete and accurate billing and credit card information. You agree to promptly update all billing information (such as billing address, card number, and expiration date) to keep Your account current, complete and accurate, and You must promptly contact Netbloo Media if Your credit card is lost or stolen. You authorize Netbloo Media to obtain or determine updated or replacement expiration dates for Your credit card in the event that the credit card expires. Netbloo Media reserves the right to charge any renewal card issued to You to the same extent as the expired card. If payment is not received from Your credit card issuer, You agree to pay all amounts due upon demand. You understand that, in certain instances, the issuer of Your credit card may charge You a foreign transaction fee or related charges, which You will be responsible to pay. Please check with Your bank and credit card issuer for details. You will be responsible for paying any applicable taxes, currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (“Taxes”), whether imposed now or hereinafter by any governmental entity, relating to Your payments and credits received and will indemnify and hold harmless Netbloo Media from any and all Taxes based on any payments made or received by You in connection with the Service.
You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which Netbloo Media may undertake from time to time; or (c) causes beyond the control of Netbloo Media or which are not reasonably foreseeable by Netbloo Media. The Service is controlled and offered by Netbloo Media from its facilities in Hong Kong (which is subject to change by Netbloo Media at any time) and Netbloo Media makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
NETBLOO MEDIA PROVIDES THE SERVICE ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. NETBLOO MEDIA (AND ITS AFFILIATES, ITS PARTNERS, AND EACH OF ITS, AND ITS AFFILIATES, AND ITS PARTNERS, EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES) (“NETBLOO PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NETBLOO MEDIA AND THE NETBLOO PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECT OR CORRECTED, OR THAT FILES AVAILABLE FOR DOWNLOADING FROM VIA THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. NETBLOO MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER CONTENT, CLIENT USER DATA OR OTHER THIRD PARTY CONTENT, PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, AS MADE AVAILABLE VIA THE SERVICE).
NOTWITHSTANDING THE ANYTHING TO THE CONTRARY HEREIN, NETBLOO MEDIA AND THE NETBLOO PARTIES WILL NOT BE LIABLE UNDER ANY LAW, FOR: (I) ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) ANY BUGS, VIRUSES, TROJAN HORSES, DEFECTS OR THE LIKE OR HACKING OR THEFT OF DATA, INCLUDING CLIENT USER DATA, STORED OR OTHERWISE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) THE LOSS OR THEFT OF ANY DATA, INCLUDING CLIENT USER DATA OR OTHER TECHNICAL ISSUES, OR DAMAGES TO YOUR COMPUTER, PHONE, MOBILE DEVICE OR OTHER HARDWARE OR SOFTWARE THAT IS CAUSED BY THE SERVICE OR ANY OF NETBLOO MEDIA’S SYSTEMS, APPLICATIONS, CODE, PROCESSES OR METHODS, (IV) ANY DAMAGES CAUSED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, LANDLINE AND MOBILE CARRIERS, (V) ANY DAMAGES CAUSED BY MATTERS BEYOND OUR REASONABLE CONTROL (SUCH AS ACTS OF GOD OR TELECOMMUNICATION FAILURES), (VI) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE AMOUNTS YOU HAVE PAID TO US IN THE THREE (3) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUED (OR, IF NO AMOUNTS HAVE BEEN PAID, SUCH CAP WILL BE US$50.00). NETBLOO MEDIA AND THE NETBLOO PARTIES WILL HAVE NO LIABILITY WITH RESPECT TO ANY USER CONTENT OR OTHER THIRD PARTY CONTENT, INCLUDING CLIENT USER DATA, PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, AS MADE AVAILABLE VIA THE SERVICE).
You shall indemnify and hold harmless Netbloo Media and the Netbloo Parties from all claims, actions, demands, liabilities, losses, damages, judgements, settlements, claims, costs and expenses, including reasonable attorneys' fees, that arise from or in connection with (i) Your breach of this Agreement, (ii) Your negligence, willful misconduct or violation of any laws or regulations or third party rights or (iii) any of Your Content or Your Client User Content. Netbloo Media reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully assist and cooperate with Netbloo Media in asserting any available defenses.
TERM AND TERMINATION.
Term. This Agreement shall commence on the day You register for an Account and shall continue until terminated as set out in this agreement (the “Term”). If you wish to terminate this Agreement, you may do so by contacting our support services via email and requesting your account be cancelled. Your subscription will be cancelled from the next billing period (provided you have given at least 2 business days notice prior to the next billing period). Please see our refund policy for further details on billing periods.
Netbloo Media may suspend Your Account and/or terminate this Agreement (i) in the event You do not have a Subscription, at any time for any reason without notice, (ii) if You are subject to a Subscription, (A) immediately on Netbloo giving You notice of termination if You breach this Agreement (such as, a failure to pay Netbloo Media when amounts owed are due) or (B) for any or no reason, thirty (30) days after Netbloo gives You notice of termination to You or (C) immediately on Netbloo giving You notice if You become the subject of a voluntary or involuntary petition in bankruptcy, or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Effect of Termination. Any termination of this Agreement shall not relieve You of any of Your obligations or liabilities accrued hereunder prior to such termination. Upon termination, You will pay all Fees owed and due to Netbloo Media and You understand and agree that Fees charged for any portion of a Term are non-refundable (except as set forth in the “Fees” section below). All provisions which by their nature should survive termination, shall survive.
Netbloo Media encourages Our users to submit comments, suggestions, error reports, or support inquiries to Us using the feedback function of Website (if one is available) (“Feedback”). You shall and hereby do grant Netbloo Media an irrevocable, perpetual, non-exclusive, sublicensable, transferrable, fully paid-up, royalty free, worldwide rights and license to use, reproduce, distribute, develop and otherwise exercise, for any purposes, all right, title and interest in and to such Feedback.
Netbloo Media may deliver notice to You pursuant to this Agreement by means of email to the email address on record in Your Account, a general notice on the Website, by notice or message posted or delivered to Your Account, or by mail to Your address on record in Your Account. Notice may be given to Netbloo Media at any time via email to address:
ATTN: Member Services
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. You agree that any legal action or proceeding between Netbloo Media and You for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Hong Kong (and you hereby consent to such exclusive jurisdiction). Any cause of action or claim You may have with respect to Netbloo Media must be commenced within one (1) year after the claim or cause of action arises. Netbloo Media’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. If any action in law or in equity is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of this agreement. No provisions of this Agreement is intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any nonprofit user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement. We may assign Our interests under this Agreement at any time without your consent. You may assign Your interests only with our consent.