ACCEPTANCE OF TERMS
The Service is provided to you subject to the following Terms of Service, as may be updated by us from time to time without notice to you.
BEFORE USING THE SERVICE, PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING, BROWSING, AND USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, YOUR SOLE RECOURSE IS TO IMMEDIATELY STOP ALL USE OF THE SERVICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS.
NOTE TO USERS BETWEEN 13 AND 18 YEARS OLD: THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use this Service.
MEMBER CONDUCT AS TO USER CONTENT
General. You understand that all information, data, text, software, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from whom such Content originated. This means that you, and not the Marathon, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Marathon does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Marathon be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Service.
Grant of Rights. By submitting Content to the Service, you hereby grant the Marathon and its affiliates: (a) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable (including to end users of the Service), and transferable license to use, distribute, reproduce, modify, adapt, prepare derivative works of, publicly perform and publicly display such Content in connection with the Service and the Marathon's (and its successors') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered; and (b) the right to use the name that you submit in connection with such Content if they choose. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content. The licenses granted to the Marathon in these Terms exist in perpetuity.
Monitoring of Content. You acknowledge that the Marathon may or may not pre-screen Content, but that the Marathon shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Service.
PROHIBITED USES OF THE SERVICE
You agree that you will not use the Service to:
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, disparaging, hateful, or racially, ethnically or otherwise objectionable;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to use, or receive information through the Service;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this paragraph.
You agree to indemnify and hold the Marathon and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all claims, losses, obligations, damages, liabilities, costs or debts and expenses (including attorney's fees) arising out of (i) your use or misuse of the Service; (ii) your violation of these Terms; (iii) your violation of the rights of any other person or entity, including claims that any Content infringes or violates any third party intellectual property rights; and (iv) your breach of the foregoing representations, warranties, and covenants.
GENERAL PRACTICES REGARDING USE AND STORAGE
The Marathon may establish general practices and limits concerning use of the Service, including without limitation the maximum days that message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on the Marathon's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You acknowledge and agree that the Marathon has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service.
MODIFICATIONS TO SERVICE AND TERMS
The Marathon reserves the right at any time and from time to time, with or without notice, to modify or discontinue, temporarily or permanently, the Service (or any part thereof). You agree that the Marathon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service; or modification of the Terms. For any material changes to these Terms, such amended terms will automatically be effective thirty (30) days after they are initially posted on the Service.
THE MARATHON'S PROPRIETARY RIGHTS
The Marathon service mark, the Marathon logo, and the other Marathon trademarks, service marks, logos, and product and service names (collectively the "Marathon Marks") are trademarks or service marks of the Fund for Philadelphia, Inc. You agree not to display, imitate, copy, or use, in whole or in part, the Marathon Marks without the Marathon's prior written permission.
The Marathon reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to any materials proprietary to the Marathon, except for the limited rights set forth in these Terms.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE MARATHON AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
- YOU UNDERSTAND AND AGREE THAT YOU WILL USE, ACCESS, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH MATERIAL OR DATA.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MARATHON OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MARATHON AND ITS AFFILIATES, SUCCESSORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Entire Agreement. These Terms and any document incorporated into these Terms by reference constitute the entire agreement between you and the Marathon and govern your use of the Service, superseding any prior agreements between you and the Marathon with respect to the Service.
Choice of Law and Forum. The Terms and the relationship between you and the Marathon shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and the Marathon agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Philadelphia, Pennsylvania.
Waiver and Severability of Terms. The failure of the Marathon to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any violations or abuse of these Terms immediately to firstname.lastname@example.org. The Marathon reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit the Marathon's response to a future complaint. You acknowledge and agree that the Marathon will not assume or have any liability for any action or inaction by the Marathon with respect to any Content.