The Marketing Engine Service
Welcome to the innovative platform for the creation, management and publication of your mobile store. Marketing Engine allows you to create and run your mobile store and sell your products directly via mobile (hereinafter the “Marketing Engine Service”).
The Marketing Engine Service is provided by Marketing Engine, Inc, a US company located at 14 Robinson Park, 01890 Winchester, Ma (USA) (hereinafter “Marketing Engine”)
In order to activate and account and start selling with Marketing Engine YOU MUST BE MAJOR OF AGE. If you are accessing and registering to the Marketing Engine Service on behalf of a business YOU MUST HAVE THE AUTORITHY TO BIND THAT BUSINESS.
By clicking on the “I agree” button at the end of the registration process, you agree to be bound by these General Terms and Conditions of Use of the Marketing Engine Service.
General Terms and Conditions of Use of the Marketing Engine Service.
1. The Marketing Engine Service
1.1 By accepting these General Terms and Conditions of Use of the Marketing Engine Service and fulfilling all the relevant steps of the registration procedure Marketing Engine will provide the User to the Marketing Engine Service (hereinafter the “User”) with the Marketing Engine Service better described under the page FAQ.
1.2 Upon completion of the registration process the User will have access to the User’s own area on the Marketing Engine platform (the “Administration Area”) where the User will find all instruments and tools to organize, manage and publish User’s own mobile site
1.3 Marketing Engine reserves the right, at Marketing Engine’s own discretion, to change, modify, add, or remove portions of these General Terms and Conditions of Use at any time by posting the amended version of these General Terms and Conditions of Use under the same web page. The User’s continued use of the Marketing Engine Service after the expiry of the 30-day term above shall constitute the User’s binding acceptance of any such Amended Terms.
2. Registration, Passwords
2.1 Upon completion of the registration process and in order to access the Administration Area, the User will type user name and password specified at the time of registration. User name e password are personal and can not be used from two or more locations at the same time and the User will not be entitled to transfer or assign them to any third party whatsoever. The User shall be liable vis-a-vis Marketing Engine and any third parties for any and all actions, transactions and/or facts occurred and/or executed under the User’s ID and APP. Therefore the User shall preserve the confidentiality and secrecy of the User’s ID and APP and shall inform Marketing Engine forthwith of any unauthorized use or loss of them.
2.2 Without limiting anything in these General Terms and Conditions of Use, Marketing Engine will not be responsible or liable, directly or indirectly, in any way and under any theory of liability WHATSOEVER for any loss or damage of any kind whatsoever occurred as a result of, or in connection with, the User’s failure to comply with this Section 2.
2.3 Marketing Engine in its own discretion shall be free to prevent the User’s access to the User’s own Administration Area and/or disconnect the operativity of the User’s ID and APP without notice, should Marketing Engine deem that a substantial breach of these General Terms and Condition of Use and namely of this section 2 be in place, or should the User make an illegal or unfair use of the Marketing Engine Service.
3. Administration Area
3.1 By accessing the User’s Administration Area the User shall be free to create and manage his/her own mobile store.
3.2 Once submitted to Marketing Engine and/or uploaded onto the Administration Area the User Content shall not be assigned, sold, transferred to any third party whatsoever unless through the Marketing Engine Service.
3.3 The User shall retain all the User’s intellectual property rights in and to the User Content. However, by submitting the User Content to Marketing Engine and uploading the User Content onto the Administration Area, the User hereby undertakes, acknowledges and agrees to grant each user of the Marketing Engine Service a non-exclusive license to access the User Content through the Marketing Engine Service.
3.4 The User shall be solely responsible for all of the User Content and shall bear all liabilities connected to the posting or publishing it onto the Administration Area and the User hereby acknowledges and represents that the Marketing Engine Service are merely providing the User the means to produce and sell the User Content via a mobile storefront. As a result, the User hereby affirms, represents and warrants that:
3.4.(i) the User is the original legitimate author and/or creator and/or owner of or has previously obtained any and all the necessary licenses, rights, consents, approvals and/or permissions to use, license and authorize Marketing Engine and Marketing Engine’s users to use and distribute the User Content as necessary to exercise the rights and licenses granted by the User in pursuance to these General Terms and Conditions to Use and in the manner herein contemplated by Marketing Engine;
3.4.(ii) The User Content does not and will not at any time: (a) infringe, violate, or misappropriate any third-party rights, including without limitation any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other rights of any person or entity whatsoever; and
3.4.(iii) The User Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Marketing Engine Service.
3.5 THE USER HEREBY REPRESENTS AND WARRANTS WITH AND TO Marketing Engine THAT THE USER SHALL NOT NOR SHALL THE USER LET AND/OR ENABLE ANY THIRD PARTY TO:
(i) UPLOAD TO OR CREATE ON THE ADMINISTRATION AREA ANY USER CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS);
(ii) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE Marketing Engine OR ANY THIRD PARTY;
(iii)POST, UPLOAD TO, OR CREATE ANY USER CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO ANY KIND OF LIABILITY WHATSOEVER, VIOLATE ANY LAW, OR, IN Marketing Engine. SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
(iv)POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS;
(v)IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE Marketing Engine SERVICES ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTITY, OR CONTENT OF INFORMATION TRANSMITTED VIA THE Marketing Engine SERVICES, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
(vi) USE THE Marketing Engine SERVICES FOR ANY PURPOSE OTHER THAN TO ACCESS THE Marketing Engine SERVICES AS SUCH SERVICES ARE OFFERED BY Marketing Engine;
(vii) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE Marketing Engine SERVICES OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OF ANOTHER USER’S CONTENT;
(viii) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRIBUTE OR OTHERWISE TRANSFER THE LICENSES GRANTED HEREIN;
(ix) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE Marketing Engine SERVICES OR ANY THIRD PARTY CONTENT;
(x) MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE Marketing Engine SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES;
(xi) USE THE Marketing Engine SERVICES FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
(xii) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE Marketing Engine SERVICES, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY CONTENT, OR OTHER CONTENT ON THE Marketing Engine SERVICES FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, SUCH MATERIALS, THIRD PARTY CONTENT AND OTHER CONTENT AVAILABLE ON THE Marketing Engine SERVICES IS FOR PERSONAL, NON-COMMERCIAL USE ONLY;
(xiii) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE Marketing Engine SERVICES OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(xiv) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE Marketing Engine SERVICES OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(xv) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE Marketing Engine SERVICES OR ANY USER’S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
(xvi) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN Marketing Engine’S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON Marketing Engine’S INFRASTRUCTURE;
(xvii) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE Marketing Engine SERVICES OR ANY ACTIVITIES CONDUCTED ON THE Marketing Engine SERVICES;
(xviii) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES Marketing Engine MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE Marketing Engine SERVICES;
(xix) UPLOAD OR POST ANY USER CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY Marketing Engine SHOP.
3.6 Marketing Engine does not guarantee any confidentiality with respect to any User Content the User uploads onto or creates on the Marketing Engine Service.
4. Termination; Terms of Use Violations
4.1 Marketing Engine’s right to suspend or terminate. The User hereby agrees that Marketing Engine, in its sole discretion and without penalty, may suspend or terminate any account (or any part thereof) the User may have with Marketing Engine or the User’s use of the Marketing Engine Service and remove and discard all or any part of the User’s Administration Area, and any User Content, at any time. Marketing Engine may also in its sole discretion and at any time discontinue providing access to the Marketing Engine Service, or any part thereof, with or without notice. The User agrees that any termination or suspension of the User’s access to the Marketing Engine Service or any account that the User may have – or portion thereof – may be carried out by Marketing Engine without prior notice, and that Marketing Engine will not be liable vis-a-vis the User or any third party for any such termination and/or suspension. Furthermore, Marketing Engine reserves the right to refer any suspected fraudulent, abusive or illegal activity to appropriate law enforcement authorities. These remedies are in addition to any other remedies Marketing Engine may have at law.
4.2 User’s termination. The User’s only remedy with respect to any dissatisfaction with (i) the Marketing Engine Service, (ii) any term of this General Terms and Conditions of Use, (iii) any policy or practice of Marketing Engine in operating the Marketing Engine Service, or (iv) any content or information transmitted through the Marketing Engine Service, is to terminate this General Terms and Conditions of Use and cancel the User’s account through the specific tools in the Administration Area. The User may terminate this General Terms and Conditions of Use at any time by discontinuing use of any and all parts of the Marketing Engine Service and providing Marketing Engine a 10-day advance written notice at the Marketing Engine postal or email address [Marketing Engine, Inc, a US company located at 14 Robinson Park, 01890 Winchester, Ma (USA) – E-mail address: recess@Marketing Engine.com ]
The subscriber of a premium account has no more than fifteen (15) days to back off from “the Marketing Engine Service” getting the full refund of the amount paid. The contents and the mobile site will be delete as soon as possible upon reception of User’s written notice form.
4.3 Survival. Upon termination of these General Terms and Conditions of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, clauses 3.4, 3.5, 7.1 and sections 5,6 and 11.
5. Disclaimer
5.1 THE Marketing Engine SERVICES AND/OR CONTENT AND/OR MATERIALS ON THE Marketing Engine SERVICES, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES WHATSOEVER.
5.2Marketing Engine , ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER TO THE USER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE Marketing Engine SERVICES AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
5.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITH RESPECT TO THE Marketing Engine SERVICES AND/OR CONTENT AND/OR MATERIALS ON THE Marketing Engine SERVICES Marketing Engine, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY:
(i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;
(iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE Marketing Engine SERVICES, OR ANY PART THEREOF;
(iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE Marketing Engine SERVICES;
(v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE Marketing Engine SERVICES; AND
(vi) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF Marketing Engine, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
5.4 FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, Marketing Engine MAKES NO WARRANTY THAT THE Marketing Engine SERVICES WILL MEET THE USER’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE Marketing Engine SERVICESS MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
5.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM Marketing Engine OR THROUGH THE Marketing Engine SERVICES WILL CREATE ANY WARRANTY. THE USER UNDERSTAND AND AGREE THAT THE USER’S USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF INFORMATION, MATERIALS, OR DATA THROUGH THE Marketing Engine SERVICES OR ANY THIRD-PARTY SERVICES TAKE PLACE AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S PROPERTY (INCLUDING THE USER’S COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
6. Limitation of Liability
6.1 IN NO EVENT SHALL Marketing Engine, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE Marketing Engine SERVICES BE LIABLE IN ANY MANNER AND UNDER ANY THEORY OF LIABILITY WHATSOEVER FOR ANY LOSSES AND/OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF:
(i) THE Marketing Engine SERVICES;
(ii) THE USER’S ACCESS, USE OR INABILITY TO USE THE Marketing Engine SERVICES;
(iii)ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA), BUSINESS INTERRUPTION, AND DAMAGES RESULTING FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE Marketing Engine SERVICES;
(iv)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE Marketing Engine SERVICES;
(v)ANY UNAUTHORIZED ACCESS TO OR USE OF Marketing Engine’S SECURE .phpS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN;
(vi)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE Marketing Engine SERVICES BY ANY THIRD PARTY.
6.2 IN NO EVENT SHALL Marketing Engine’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS’ TOTAL LIABILITY TO THE USER FOR ANY AND ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE GENERAL TERMS AND CONDITIONS OF USE OR THE USER’S USE OF THE Marketing Engine SERVICES OR THE USER’S INTERACTION WITH OTHER Marketing Engine SERVICES USERS, EXCEED THE TOTAL AMOUNTS PAID BY THE USER, IF ANY, TO Marketing Engine DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
6.3 THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY THE USER BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN Marketing Engine AND RECEIVED THROUGH OR ADVERTISED ON THE Marketing Engine SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
7. Indemnification
7.1 The User agrees to indemnify, defend and hold harmless Marketing Engine, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assignees, from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
(i) any claim due to or arising out of the User’s violation of these General Terms and Conditions of Use, including but not limited to a claim arising out of a breach of the User’s representations or warranties made hereunder;
(ii) the User’s use or misuse of or access to the Marketing Engine Service;
(iii)the User’s violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; OR
(iv)any claim that the User or the User Content caused damage to a third party.
7.2 Marketing Engine reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User are required to indemnify Marketing Engine, and the User agrees to cooperate with Marketing Engine’s defense of these claims.
8. Assignment These General Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by the User, but may be assigned by Marketing Engine without restriction.
9. Waiver and Severability
The failure to require performance of any provision shall not affect Marketing Engine’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these General Terms and Conditions of Use or any Additional Policies constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these General Terms and Conditions of Use and/or the Additional Policies is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these General Terms and Conditions of Use and/or Additional Policies shall remain in full force and effect.
10. Notices
Marketing Engine may provide the User with notices, including those regarding changes to these General Terms and Conditions of Use or any Additional Policies, by email, regular mail or postings on the Administration Area. Notice posted on the Marketing Engine Service is deemed given 30 days following the initial posting.
11. Choice of Law and Forum
These General Terms and Conditions of Use shall be governed and construed in accordance with the laws of the USA. Any dispute arising out of or relating to the validity, interpretation, application, performance and/or termination of these General Terms and Conditions of Use or the User access or use of the Marketing Engine Service shall be subject to the exclusive jurisdiction of 14 Robinson Park, 01890 Winchester, Ma (USA).
12. Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these General Terms and Conditions of Use, and will not be deemed to limit or affect any of the provisions hereof.
13. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these General Terms and Conditions.
