MARKNetwork Terms of Use

Last Revised: February 25, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE, INCLUDING OUR COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE MARKNETWORK PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

 

THESE TERMS CONTAIN MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Welcome to MARK-Network.com, a website of MARKNetwork Inc. (“MARKNetwork”, “we”, “our”, or “us”), registered as a Incorporated in Delaware, USA. These Terms of Use (“Terms”) apply to you (“you”, “your”, “User”, or “Users”) and your access to, and use of, our website, including https://www.mark-network.com (collectively, the “Site”). From time to time, we may offer a range of services on or through the Site, including without limitation, MARKNetwork’s client software (“MARK Blockchain”), MARKNetwork’s Masternode Mining Service (“MARKMining”), MARKNetwork’s Blockchain development service (“MARKStudios”) or MARKNetwork’s digital asset and cryptocurrency exchange (“MARKSwap”) (collectively, the “Services”). Use of any of the Services will be subject to further terms and conditions (the “Service Terms”). If these Terms are inconsistent with the Service Terms for the applicable Service, the applicable Service Terms will control.

1. Notification Procedures and Changes to these Terms

MARKNetwork reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the “Last Revised” date at the top of the Terms, or by providing other means of notice as MARKNetwork will determine each time in its sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and will apply to your subsequent use of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should review the Terms and applicable policies whenever you use the Site to understand the terms that apply to such use. The most current version of the Terms can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.

2. Site Description

THIS IS NOT AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY ANY SECURITIES. OFFERS ARE MADE ONLY BY PROSPECTUS OR OTHER OFFERING MATERIALS.

 

The Site may offer different links to information about MARKNetwork’s Services. Nothing on the Site or Services constitutes investment advice, financial advice, an offer or solicitation to buy securities, an offer, solicitation, or recommendation to buy cryptocurrencies or digital assets, or a promise or expectation of profits.

 

MARKMining. The MARKMining service, located at https://www.mark-network.com/mark-mining contains data and information relating to the use of Masternodes. Any financial and economic data or references listed on the on the Site and the MARKMining portion of the Site, including but not limited to ROIs, Masternode costs, and Masternode requirements (collectively “Masternode Data”) are for informational purposes only, and do not in any way constitute a promise or expectation of profits or returns on investments. Such Masternode Data is provided solely for informational purposes to help you understand the functionality of Blockchain and Distributed Ledger Technology (“DLT”) Masternodes. Masternode Data was collected in its entirety from third-party websites and sources. MARKNetwork does not recommend, endorse, or encourage you to make any investment or purchase of any cryptocurrency, digital asset, or Masternode.

 

The Site is an online platform to provide information about MARKNetwork’s Services. By filling out the forms or subscribing to our newsletter on the Site, you may receive information related to our Services, including information about our specific products and/or Services. If you would like to unsubscribe from our newsletter, please follow the steps outlined in the newsletter or contact us.

3. Eligibility

By accessing the Site, you represent and warrant that you will not use the Site if the laws and regulations of your country prohibit you from doing so in accordance with these Terms. You represent and warrant that you have not previously been suspended or removed from the Site or any of the Services provided through the Site by MARKNetwork. You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (b) identified as a “Specially Designated National”, or (c) placed on the Commerce Department’s Denied Persons List. Any use or access to the Site or any Services provided on or through the Site by anyone under the age of 13 is strictly prohibited and in violation of these Terms.

4. Privacy

We care about the privacy of our Users. You understand that by using the Site or any Services provided on or through the Site, you consent to the collection, use and disclosure of your information and aggregate data as set forth in our Privacy Policy, located at https://www.mark-network.com/privacy, and to have your information collected, used, transferred, and processed as described in our Privacy Policy.

5. Access to the Site

Subject to the terms and conditions of these Terms and any applicable Service Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site and the Services provided on or through the Site as permitted by the features of the Site and/or such Services. MARKNetwork reserves all rights not expressly granted herein in the Site and all of the Services provided on or through the Site and the MARKNetwork Content (as defined below). MARKNetwork reserves the right, without notice and in its sole discretion, to terminate or suspend this license at any time for any reason or no reason.

6. Site Rules

The rights granted to you in these Terms are subject to the restrictions in this Section. You hereby represent, warrant and agree that you will not use the Site or any Services provided on or through the Site or any MARKNetwork Content in the following manner: (i) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Site or any Services provided on or through the Site or any part thereof; (ii) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of the Site or any Services provided on or through the Site; (iii) access the Site or any Services provided on or through the Site in order to build a similar or competitive service; (iv) except as expressly stated herein, copy, reproduce, distribute, republish, download, post, display or transmit any part of the Site or any Services provided on or through the Site; (v) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter, interfere with or disrupt a computer or communication network, handheld device, mobile device, data, the Site or any Services provided on or through the Site, or any other system, device or property; (vi) access (or attempt to access) any of the Site or any Services provided on or through the Site by means other than through the interface that is provided by MARKNetwork; (vii) access or use the Site or any Services provided on or through the Site in a way intended to avoid incurring any applicable fees; (viii) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices); (ix) circumvent, disable, or otherwise interfere with the security or functionality of the Site or any Services provided on or through the Site or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the Site or any Services provided on or through the Site or their content; (x) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site or any Services provided on or through the Site, the server(s) on which the Site and such Services are stored, or any server, computer, or database connected to the Site or such Services; (xi) infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (xii) violate any law, statute, ordinance, or regulation; (xiii) impersonate any person or entity, including without limitation any employee or representative of MARKNetwork; (xiv) jeopardize the security of a User or anyone else; (xv) attempt, in any manner, to obtain the information from any other User; (xvi) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MARKNetwork, or any of its affiliates, existing from time to time, without our express written consent; (xvii) use any meta tags or any other “hidden text” utilizing MARKNetwork’s, or any of its affiliates’, existing from time to time, name or trademarks without our express written consent; (xviii) run Maillist, Listserv, or any form of auto-responder or “spam” on the Site or any Services provided on or through the Site or any processes that otherwise interfere with the proper working of the Site or such Services (including by placing an unreasonable load on the Site’s or any Services’ infrastructure); (xix) in any other way that violates these Terms.

 

We may, without prior notice, change the Site or any Services provided on or through the Site; stop providing the Site or any Services provided on or through the Site or any features of any of the foregoing, to you or to Users generally; or create usage limits for the Site or any Services provided on or through the Site. We may permanently or temporarily terminate or suspend your access to the Site or any Services provided on or through the Site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

 

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. MARKNetwork shall have no liability for your interactions with other Users, or for any User’s action or inaction.

7. Our Proprietary Rights

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, proprietary information, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. The Site or any Services provided on or through the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “MARKNetwork Content”), and all Intellectual Property Rights related thereto, are the exclusive property of MARKNetwork and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any MARKNetwork Content. Use of the MARKNetwork Content for any purpose not expressly permitted by these Terms is strictly prohibited.

 

You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding MARKNetwork, the Site, or the Services (collectively, “Feedback”) that are provided by you, whether by email, posting to the Site, or otherwise, are non-confidential and will become the sole property of MARKNetworkMARKNetwork will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MARKNetwork or any of its affiliates under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MARKNetwork does not waive any rights to use similar or related Feedback previously known to MARKNetwork, or developed by its employees, or obtained from sources other than you.

8. Security

MARKNetwork uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

9. Copyright Claims

If you believe anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

 

Full Address to contact Designated Agent:

 

MARKNetwork Inc.

Attention: Designated Copyright Agent

16192 Coastal Hwy

Lewes, DE 19958

 

E-Mail Address of Designated Agent: mambrose@blockchaincryptolaw.com

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

10. Trademarks

MARKNetworkMARKCoinMARKTokenMARKSwapMARKPay, ✪MARK, the MARKNetwork logos and any other MARKNetwork product or service name, logo or slogan contained in the Site are trademarks or service marks of MARKNetwork (the “MARKNetwork Marks”) and may not be copied, imitated or used, in whole or in part, except as expressly permitted in these Terms or on the Site or with the prior written permission of MARKNetwork. You may not use any metatags or any other “hidden text” utilizing any MARKNetwork Marks without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MARKNetwork and is part of the MARKNetwork Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the Site. All other trademarks, registered trademarks, product names and MARKNetwork names or logos mentioned in the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark holder. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

11. Third Party Content

MARKNetwork may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by MARKNetwork, including but not limited to any such third-party sites, advertisers, information, materials, products, or services (collectively the “Third Party Content”). MARKNetwork does not control, endorse, adopt, or assume any responsibility for any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that MARKNetwork is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. MARKNetwork is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.

12. Indemnification

You agree to defend, indemnify and hold harmless MARKNetwork, its subsidiaries, agents, licensors, managers, other affiliated companies, independent contractors, service providers and consultants, and their respective officers, directors, employees, contractors and agents, from and against any claims, damages, obligations, losses, costs, debt, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of and access to the Site and any Services provided on or through the Site, including any data or content transmitted or received by you; (b) any User Content or Feedback you provide; (c) your violation of these Terms or any of the Service Terms, including without limitation your breach of any of the representations and warranties in these Terms or any of the Service Terms; (d) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (e) your violation of any applicable law, rule, or regulation; (f) any content that is submitted by you including without limitation misleading, false, or inaccurate information; (f) your conduct in connection with the Site and any Services provided on or through the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

13. DISCLAIMER OF WARRANTIES

MARKNETWORK PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SITE OR THE CONTENT OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE. USE OF THE SITE OR SERVICES PROVIDED ON OR THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE CONTENT, OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MARKNETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. MARKNETWORK DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CORRECT, CURRENT OR ERROR-FREE; THAT THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE WILL BE AVAILABE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. WHILE MARKNETWORK ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, MARKNETWORK CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.

 

MARKNETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SITE, AND MARKNETWORK WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MARKNETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY DESCRIPTIONS AND/OR INFORMATION PROVIDED TO YOU, INCLUDING WITHOUT LIMITATION, ON OR THROUGH THE SITE OR SERVICES, RELATED TO THE MARKNETWORK SERVICES, THEIR STRUCTURE AND/OR THEIR FUNCTIONALITY.

 

MARKNetwork reserves the right to change any and all content contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by MARKNetwork.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKNETWORK, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHE INTANGIBLE LOSSES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE MARKNETWORK CONTENT, THE SERVICES PROVIDED ON OR THROUGH THE SITE, OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MARKNETWORK, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, HACKING, TAMPERING, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS OR USE TO MARKNETWORK’S RECORDS, PROGRAMS, SERVICES, OR SITE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKNETWORK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

 

IN NO EVENT WILL THE AGGREGATE LIABILITY OF MARKNETWORK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MARKNETWORK FOR ACCESS TO OR USE OF THE SITE. THE FOREGOING LMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

15. Modifications to the Site

MARKNetwork reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that MARKNetwork will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

16. Applicable Law and Venue

You agree that the Site or any Services provided on or through the Site shall be deemed a passive one that does not give rise to personal jurisdiction over use, either specific or general. These Terms and your use of the Site shall be governed by and construed in accordance with the laws of California, without respect to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any action at law or in equity arising out of or relating to these Terms not subject to arbitration (as set forth below), will be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

17. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MARKNETWORK AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

 

For any dispute with MARKNetwork, you agree to first contact us within thirty (30) days of when the dispute first arises at email address mambrose@blockchaincryptolaw.com to attempt to resolve the dispute with us informally. In the event that MARKNetwork has not been able to resolve a dispute it has with you, then you and MARKNetwork agree to arbitrate any dispute arising from these Terms or relating to the Site, except that you and MARKNetwork are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. Any arbitration will occur in Los Angeles, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. You and MARKNetwork also agree that the state or federal courts in Los Angeles County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. In any arbitration, the parties will not seek discovery from each other, and the arbitrator shall not allow parties to engage in discovery; rather, each party shall disclose the evidence supporting their positions at some mutually agreeable time and date prior to the final hearing. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person, if MARKNetwork is a party to the proceeding. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then that language shall be deemed to have been dropped from the Terms and the remaining obligations relating to arbitration shall continue in full force and effect.

18. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MARKNetwork without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

19. Entire Agreement/Severability

These Terms, together with all applicable Service Terms and any amendments and any additional agreements you may enter into with MARKNetwork in connection with the Site or any Services provided on or through the Site, shall constitute the entire agreement between you and MARKNetwork concerning the Site or any Services provided on or through the Site. If any provision of these Terms is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

20. No Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and MARKNetwork’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Questions and Contact Information

General questions or comments about the Site or these Terms may be directed to MARKNetwork by emailing contact@mark-network.com. Legal questions or comments about the Site or these Terms may be directed to MARKNetwork by emailing mambrose@blockchaincryptolaw.com.

 

California Residents. The Site or any Services provided on or through the Site are offered by MARKNetwork Inc., located at:

 

MARKNetwork Inc.

16192 Coastal Hwy

Lewes, DE 19958

United States of America

 

We can be reached by email at contact@mark-network.com for all general questions or comments, or mambrose@blockchaincryptolaw.com for legal questions or comments, or by telephone at +49-152-5958-1123. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

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ADDRESS:

MARKNetwork Inc.

16192 Coastal Hwy

Lewes, DE 19958

United States of America

PHONE NUMBER:

+49-152-5958-1123

*MARKNetwork Inc. will use the information you provide on this form to get in touch with you. By choosing “Yes” from the select field, you agree that we may process your information in accordance with our Privacy Policy. You can change your mind at any time by contacting us at prv @ mark-network.com

© MARKNetwork Inc. 2018-2019

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