Intellectual Property. The materials used and displayed on the Site, including but not limited to text, software, video,photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Marckar or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Marckar or the appropriate affiliate. You agree not to "scrape" or disaggregate data from the Site (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose.
Your License to Use the Site, and Your Applicable Obligations and Restrictions. Marckar grants you a personal, non-exclusive, non-transferable, revocable license to use the Site, solely under the following conditions:
The Site may include forums, chat rooms and other user and member created pages which allow users and members to post information, provide feedback to us, and interact. You agree not to post or transmit any fraudulent, unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, constitute hate speech, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You agree to only post information that is true and correct in light of your knowledge. You shall not, without the express approval of Marckar , distribute or otherwise publish any material containing any solicitation of funds, or advertising or solicitation for goods or services.
Your Indemnification of Us. You agree to indemnify, defend and hold harmless Marckar , and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of (b) any material that you post or transmit, or (b) breach by you or any user of your account of this Agreement or any representations, warranties and covenants contained in these terms and conditions. You shall cooperate fully and reasonably in the defense of any such claim. Marckar reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We Do Not Control The Information on the Site Or Have An
Obligation to Review It. Although Marckar and its affiliates may from
time to time monitor or review discussions, chats, postings,
transmissions, and other user and member generated pages on the Site,
we are under no obligation to do so. You acknowledge that we do not
control the information available on Site forums, chat rooms and
other user and member generated pages and that any opinions, advice,
services, offers or other information or content disseminated through
the Site are those of their respective authors, including Guides and
other writers and contributors, who are solely liable for their
content. We reserve the right, in our sole discretion, to edit,
refuse to post or remove any material submitted to or posted through
the Site. You acknowledge that any submissions you make to the Site
(i.e., user-generated content including but not limited to: text,
video, audio and photographs) (each, a "Submission") may be
edited, removed, modified, published, transmitted, and displayed by
Marckar and you waive any moral rights you may have in having the
material altered or changed in a manner not agreeable to you. You
grant Marckar a perpetual, nonexclusive, world-wide, royalty free,
sub-licensable license to the Submissions, which includes without
limitation the right for Marckar or any third party Marckar
designates, to use, copy, transmit, excerpt, publish, distribute,
publicly display, publicly perform, create derivative works of, host,
index, cache, tag, encode, modify and adapt (including without
limitation the right to adapt to streaming, downloading, broadcast,
mobile, digital, thumbnail, scanning or other technologies) in any
form or media now known or hereinafter developed, any Submission
posted by you on or to Marckar , including any Submission posted on
Marckar through a third party.
- You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old.
- Marckar does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity, including Guides and other writers. You acknowledge and agree that communications with Guides and other content providers through the Site are not confidential and not subject to any confidentiality privilege, such as attorney-client or doctor-patient. All communication directly between you and a Guide is at your own risk. Although Marckar strives to have experienced Guides and other writers Marckar relies on information provided by these contributors regarding their experience and background. Marckar does not represent or warrant the accuracy of the credentials or identity of the Guide or other contributors, including users, of the Service or Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
You Agree Not to Rely on A Poster's Professional Advice, Credentials, or on Terms Like "Expert" or "Guide". Content on the Site may contain a descriptive term such as "Expert" to identify an author, poster of content, or Guide. While we strive to find authors and Guides who have a high degree of knowledge and experience, you should not, and agree not to, rely on such terms as any guarantee that you will receive a particular level of expertise or advice from such parties. Rather, their postings and articles are provided on a purely informational basis, and you must evaluate them on their own merit. Content available on the Site is to be used for general informational purposes only and never as a substitute for in person evaluation or professional advice (including without limitation regarding medical, legal, tax, financial, or veterinary issues).
THE SITES ARE PROVIDED ON AN "AS IS" BASIS. THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITES. The information, facts, and opinions provided are no substitute for professional advice.
Further Disclaimers. Your use of the Site is at your own risk. NEITHER, ABOUT, INC., IAC/INTERACTIVECORP, NOR ANY OF THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES AND THE INFORMATION AVAILABLE ON THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST ABOUT, INC., IAC/INTERACTIVECORP AND THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITES AND THE INFORMATION AVAILABLE THEREON.
Professional Medical and Therapeutic Advice Disclaimer. THE SITES
(INCLUDING MOBILE APPLICATIONS) OFFER HEALTH, FITNESS AND NUTRITIONAL
INFORMATION DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD
CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW NUTRITIONAL OR FITNESS
YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SITES AS, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON A SITE (INCLUDING MOBILE APPLICATIONS). THE USE OF ANY INFORMATION PROVIDED ON A SITE (INCLUDING MOBILE APPLICATIONS) IS SOLELY AT YOUR OWN RISK.
NOR SHOULD YOU RELY ON ANY INFORMATION ON THE SITES AS, OR AS A SUBSTITUTE FOR, PROFESSIONAL COUNSELING CARE – INCLUDING WITHOUT LIMITATION, PSYCHIATRY, PSYCHOTHERAPY, OR OTHER MENTAL HEALTH OR REHABILIATION TREATMENT, DIAGNOSIS OR ADVICE.
FURTHER, AS MEDICAL RESEARCH AND SCIENCE EVOLVE, THE ADVICE CONTAINED ON THE SITES WILL NOT ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR SUBJECT MATTER.
Third Party Links, Advertisements, Websites and Content. We do not review or monitor any web sites or other media linked to or available through the Site and are not responsible for the content of any such linked web sites. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Marckar , nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Site, and we shall not receive or review complaints regarding such purchases.
Public Forums. If you voluntarily disclose personal information (e.g., user name, email address) on the Site, such as on a forum, chat room or on any other user or member generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on our Site.
Disputes. This User Agreement and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of Italy. In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Italy, County of Naples.
Intellectual Property Issues. We take claims of copyright
infringement seriously. If you believe in good faith that your
copyrighted work has been reproduced on our Site without
authorization in a way that constitutes copyright infringement, you
may notify our designated copyright agent either by mail to
info@Marckar.com. This contact information is only for suspected
copyright infringement. Please include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise url (web page) that it appeared on, along with any copies you have of that web page.
- Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
- Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees). It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Modifications. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Site, or any part of the Site, with or without notice. You agree that we shall not be liable to you for any such action.
The Types of Information We Collect
Information You Give Us
To enable you to enjoy certain features of our
Services, we collect certain types of information, including
personally identifiable information. For example, we collect
information when you:
Sign up to receive email newsletters. When we send newsletters to subscribers we may allow advertisers or partners to include messages in those newsletters, or we may send dedicated newsletters on behalf of those advertisers or partners. All newsletters will come directly from Marckar: when we do this, we do not share your email with the respective advertiser or partner. To unsubscribe from a particular newsletters, click the "unsubscribe" link at the bottom of that email newsletter.
Register. When you register to use forums or other Services, we ask you to provide certain information, which may include your email address, home address, birth year, gender, health conditions, credit card number and zip code, as well as a password for your account. We will not provide advertisers or partners to this personal information without your permission.
Engage in public activities on the Services. We offer you opportunities to engage in public activities on the Services that are designed to be visible to other users and the public at large, including comments, forums, recommendations, reader reviews, ratings or any other items that you submit. Any information you disclose in your public activities, along with your screen name or ID, or any image or photo, video, becomes public and may be used by us for online and offline promotional or commercial uses in any and all media. Information you submit is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege and (regardless of restrictions we impose in our User Agreement or other policies) it might be read, collected and used by others, including through third party search engines which may index the information you post. You therefore should be aware that any personally identifiable information you submit there might be read, collected, or used by other users of these areas, and could be used to send you unsolicited messages, mine your data, communicate with or market to you in other ways. We are not responsible for safeguarding the personally identifiable information you choose to submit in these forums and Marckar has no responsibility to publish, take down, remove or edit any of your public activities or any of your submissions that are a result of your public activities.
Provide Your Credit Card and Billing Information. To enable payment for certain Services, service or payment provider acting on our behalf may collect and store billing and credit card information. These information are not provided to Marckar.
Contests, Sweepstakes and Special Offers. We may sponsor contests, sweepstakes, or promote special offers on the Service or on third party sites. If you elect to participate, we may require personal information from you, including, in most cases, your first and last name and e-mail address. If this information is also being collected by a third party (other than our service providers), we will notify you at the time of collection. If you do not want any personal information shared, you may always decline to participate in the sweepstakes, contests, or special offers.
Information We Collect Using Technology
Device Information. We may collect information about the browser, computer, mobile phone, smartphone or other device you use to access the Services to measure the effectiveness of those Services.
Geolocation Data. For certain mobile applications we offer, we may (or may enable a third party, including an advertiser to) request your geolocation information in order to provide you with ads, offers, search or other functionality. If you agree to such collection, we (or the third party) will maintain information regarding your precise geolocation and may use it to help enable that functionality, or other functionality we describe to you in a privacy notice provided with the mobile application.
In addition, we may (or may enable a third party, such as an advertiser to) capture IP Address level geo-location information when you access our Websites, and may use that geo-location information to targets ads or offers to you. That geo-location information might, for instance, be converted into country, region, or Zip Code-level data, in order to serve more relevant local ads or content.
Analytics. We may use third parties to provide us information, reports and analysis about the usage and browsing patterns of users of the Services. These reports contain aggregated data only, and do not identify individual users.
IP Addresses. We log Internet Protocol (IP) addresses, or the location of your computer on the Internet, for systems administration and troubleshooting purposes. We use this information in an aggregate fashion to track access to our Web sites and mobile applications, and may also use it to infer your location, as discussed in the above section titled "Geolocation Data." This may help us to provide you with more geographically relevant content, ads or offers.
Log Files. We may also automatically log certain usage information about your use of the Services. This information includes a reading history of the pages you view.
Cookies, Web Beacons, and Similar Technologies
Like many websites, and web and mobile service, we may use (or work with third party partners who use) a variety of technologies to learn more about how people interact with our Services. This section provides more information about some of those technologies and how they work.
Cookies. Cookies are small text files that websites and other online services use to store information about users on the users' own computers. Cookies can be used to store sign-in credentials so that you don't have to enter them each time you return to a Web site, or to store other information to make web viewing more customized or efficient upon future visits. Cookies also may store a unique identifier tied to your computer so that web services and advertising networks can recognize you across visits to different websites. You can configure your Internet browser to warn you each time a cookie is being sent or to refuse all or certain cookies completely.
We (or our partners) may use or support cookies as follows:
To collect information about your browsing activities in order to deliver customized or relevant services, advertising or content to you;
To relate the information collected by cookies to information we obtain from you directly or from commercially available sources;
To work with third parties that serve advertisements (through our Services or across the Internet) or provide other services to us, such as providing users the ability to comment on content, allowing users to share content, or tracking site usage statistics. We do not control these third party technologies and their use is governed by the privacy policies of the third parties using such technologies.
Other Local Storage. We (or our partners) may use other kinds of local storage, such as Local Shared Objects (also referred to as "Flash cookies") and HTML5 local storage, in connection with the Services. These technologies are similar to the cookies discussed above in that they are stored on your computer and can be used to store certain information about your activities and preferences. However, these objects are stored in different parts of your computer from ordinary browser cookies. Many Internet browsers allow you to disable HTML5 local storage or delete information contained in HTML5 local storage using browser controls.
Web Beacons. We (or our partners) may use technologies called Web beacons that communicate information from your Internet browser to a web server. Web beacons can be embedded in web pages, videos, or emails, and can allow a web server to read certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the Web beacon, the IP address of your computer, and the URL of the web page from which the Web beacon was viewed. These web beacons may be used for a variety of purposes, including to analyze the use of the Services and in conjunction with cookies to provide content and ads that are more relevant to you.
How We Use the Information We Collect
Providing the Services You Request
We use the information we gather about you to enable your use of the Services, fulfill your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in and renew paid services, polls, contests, and message boards. We reserve the right to disclose your opt-out information to third parties so they can suppress your name from future solicitations, in accordance with applicable laws.
We use the information, including analytics and statistical information, to analyze the use of the Services so that we may improve them. We also use this information to generally inform advertisers about the nature of our user base.
Customizing Your Experience
We use the information that we collect to allow
advertising to be targeted to the users for whom such advertising is
most pertinent. We may also use this information to customize certain
features of the Services to provide you with an enhanced experienced
based on the type of device you are using to access the Services, and
to provide you with requested services.
We may contract with other companies to provide services on our behalf, including credit-card and billing processing, survey administrators, technical or customer support, shipping, e-mail distribution, email service providers, data enhancement providers, list processing and promotions management. We provide these companies only with the information they need to perform their services. These service providers are restricted from using this data in any way other than to provide services for us, and they may not share, resell or use the data for their own marketing purposes.
Information Collected by Third-Parties and Your Ad Choices
Third parties may collect information about you through the Services, including through use of the technologies described above. We may not have access to, nor control over, these third parties' data collection practices and we do not assume any liability related to their collection or use.
In addition to the above, we have implemented on our Services certain "Google Analytics" features that support Display Advertising, including re-targeting. Visitors to our websites may opt out of Google Analytics, customize the Google Display Network ads by using the Google Ad Preferences Manager and learn more about how Google serves ads by viewing its Customer Ads Help Center. If you do not wish to participate in Google Analytics, you may also download the Google Analytics opt-out browser add-on.
Other Privacy Considerations
We may transfer your information to a third party if we or any of our affiliates are involved in a corporate restructuring (e.g., a sale, merger, or other transfer of assets).
Information from people under 18
We do not knowingly collect any personally identifiable information from children under 18. If we determine that a user is under 18, we will immediately delete all information pertaining to that user.
Compliance With Legal Process
We may disclose personal information if we are
required to do so by law, or in order to (1) comply with the law or
with legal process; (2) protect and defend our rights, services or
property; (3) protect against misuse or unauthorized use of the
Services; or (4) protect the personal safety or property of our users
or any member of the public (among other things, this means that if
you provide false information or attempt to pose as someone else,
information about you may be disclosed as part of any investigation
into your actions).