PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING Netbloo Media Ltd (“Netbloo Media", “we”, “us” and “our”) proprietary software (as updated or upgraded from time-to-time and including any third party software made available in conjunction with such software), and content and related documentation and information (the “Software”) and any such services provided by Netbloo Media (collectively with the Software, the “Services”) provided through our online website (including all content and functionality available through the www.marketpromax.com and http://app.marketpromax.com domain name, the “Site”). In addition to these Services Terms and Conditions (the “Terms and Conditions”), your access and use of the Services is governed by that certain Terms of Services (currently accessible at http://netbloomedia.com/mpmterms.php)(the “Site Terms”). As used in these Terms and Conditions, all capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in the Site Terms.
MODIFICATIONS OF THESE TERMS AND CONDITIONS. Netbloo Media reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.netbloomedia.com/mpmterms.php
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
SERVICE UPDATES. Netbloo Media is not obligated to provide any maintenance, support, updates or improvements to the Service. However, if Netbloo Media, in its sole discretion, updates or improves the Service, (a) such updates will be made available to you and (b) these Terms and Conditions shall apply to any such updates and improvements unless expressly noted otherwise. Any maintenance, support, updates or improvements offered by Netbloo Media will be in accordance with Netbloo Media’ standard support polices and at our sole discretion.
OWNERSHIP; GRANT OF LICENSE; RESTRICTIONS.
Ownership. The Software is licensed, not sold, to you for use only under the terms and conditions of these Terms and Conditions, and Netbloo Media reserves all rights not expressly granted to you in these Terms and Conditions. Netbloo Media and/or its licensors retain title to (a) the Software and any copies thereof, (b) any and all ideas, suggestions, or feedback relating to the Software, and (c) any all intellectual property rights therein.
Grant of License. Subject to the terms and conditions of these Terms and Conditions, Netbloo Media grants you a nonexclusive, personal, revocable, non-transferable license to Use (as defined herein) a copy of the Software and Documentation (as defined herein) only and solely in connection with the Service in accordance with these Terms and Conditions. For purposes of these Terms and Conditions, the term “Documentation” shall mean the documentation, in either electronic or printed format, provided with the Software, and the term “Use” shall mean the storing, loading, installing, executing, connecting to the Services, or displaying; or making copies incident to the foregoing actions. Except as expressly set forth herein, no other rights are granted. The Software is in use if it is loaded on the computer's permanent or temporary memory.
Lifetime Licenses. Lifetime access means access for the life of the product. Your lifetime license means you will have lifetime access to the current license version of the software at the time of your purchase. For example if at the time of purchase you received lifetime access to Version 1, 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.
SERVICE TERMS AND LIMITATIONS.
User Agreement. In order to access certain Services, you will be required to register for a Netbloo Media 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 Services (or any portion thereof).
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 U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Site. You further represent and warrant that (i) you are over the age of eighteen (18) and have the power, authority or consent to enter into and perform your obligations under the Terms and Conditions; (ii) all information provided by you to Netbloo Media, is truthful, accurate and complete; (iii) you shall comply with all terms and conditions of this Terms and Conditions; and (iv) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number. If you are acquiring the Software 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 acquiring the Services to the terms and conditions of these Terms and Conditions.
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 Documentations, including reproduction on any computer network or broadcast or publications media; (b) market, sell or make commercial use of the Site, Services, or any Documentation; (c) systematically collect and use of 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 Site or the Documentation; or (e) use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
The Software 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), create derivative works based on the Software or the Documentation; (b) copy the Software, the Documentation or the Content or engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Netbloo Media and/or the copyright owner; (c) distribute, display (except for the purposes set forth in Section 3), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Software, the Content, the Documentation, or any Submitted Content, in whole or in part; (d) transmit the Software 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 the Software, the Documentation, or the Content.
YOU MAY ONLY USE THE SOFTWARE OR AUTHORIZED THIRD-PARTY SOFTWARE TO ACCESS AND/OR USE 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).
CLIENT USE DATA.
You hereby grant to Netbloo Media a royalty-free, non-exclusive, irrevocable, right and license to access such Client Use Data for the purposes of (a) providing you with reports and other functions related to the Services; (b) analyzing and improving the Services; and/or (c) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services 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 Use 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 Use Data on or through the Service, you own or otherwise control the rights or have the necessary consents to post such Client Use Data and to enable inclusion and use of the Client Use Data in the manner contemplated by the Service. You further warrant, represent and agree that you will not contribute any Client Use Data 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 Services (including the Software) or its features that prevent or restrict use or copying of any content.
Fees. Netbloo Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time 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.
For the access and/or use of certain of the Services, Netbloo Media charges a fee (the “Fees”) during the specified period of your subscription (your “Subscription”). You understand and agree that (i) you will pay Netbloo Media the Fees for the Services applicable to the account level chosen, (ii) Netbloo Media reserves the right to change the Fees at any time and (iii) 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. Unless otherwise stated, all fees are stated in U.S. Dollars. The Fees for the Services 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 Services. 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 Services for failure to pay applicable Fees. In the event you fail to pay any amount when due, Netbloo Media may immediately suspend or terminate these Terms and Conditions and your access to the Services.
Credit Card. Where credit card payments have been authorized, this section applies. [All Fees due hereunder 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 hereunder. 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 Services.]
OPERATION. 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 Site is controlled and offered by Netbloo Media from its facilities in Hong Kong and we make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
CONTENT AND GENERAL DISCLAIMERS Netbloo Media PROVIDES THE SERVICE AND THE SOFTWARE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. Netbloo Media, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE "Netbloo Media PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE Netbloo Media PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THE TERMS OF THESE TERMS AND CONDITIONS. THE Netbloo Media PARTIES CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. THE Netbloo Media PARTIES CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE Netbloo Media PARTIES DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. Netbloo Media MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. ALTHOUGH Netbloo Media HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, Netbloo Media ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE Netbloo Media PARTIES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THE SITE TERMS, ANY VIOLATION OF THESE TERMS AND CONDITIONS, BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN, OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR THE ACCOUNT.
WAIVER AND RELEASE. YOU AGREE THAT THE Netbloo Media PARTIES SHALL NOT HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT Netbloo Media SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE Netbloo Media PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF Netbloo Media, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE.
LIABILITY LIMITATION. NOTWITHSTANDING THE ANYTHING TO THE CONTRARY HEREIN, THE Netbloo Media PARTIES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICES, THE SOFTWARE, OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF SUCH Netbloo Media PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE Netbloo Media PARTIES' TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE Netbloo Media PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
TERM AND TERMINATION.
Effect of Termination. Any termination of these Terms and Conditions shall not relieve you of any of your obligations or liabilities accrued hereunder prior to such termination. Upon termination as set forth in Section 12.1, 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. The provisions of Sections3 through 11, 12.2, and 13 through 15 shall survive any termination of these Terms and Conditions.
NOTICE. Netbloo Media may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site, or by written communication delivered by mail to your address on record in the Account. You may give notice to Netbloo Media at any time via electronic mail to the Site at the following address:
ATTN: Member Services
v0.1C 18 Oct 2012