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Terms & Conditions

Please read the following Terms of Use carefully.  They govern your use of and any affiliated websites (together, the “Website”) that may be operated from time to time by Marquis Who’s Who (“Marquis”).

I. General Rules and Definitions

By visiting the Website you agree to these Terms of Use.  You also represent that you are at least 13 years old and are not barred from using the Website under the laws of the United States or other applicable jurisdiction.

Marquis reserves the right to change these Terms of Use at its sole discretion, and at any time, without personal notice to you.  If we make a material change to these Terms of Use, we will provide general notice in a way that is reasonable under the circumstances.  For example, we may post a notice of the changes on the Website’s homepage.  Your continued use of the Website after we make any changes constitutes your acceptance of those changes.

II. Ownership; License

Other than User Uploaded Information (see part IV below), all materials on the Website (together, the “Content”) are the property of Marquis unless otherwise noted and are protected by copyright and other applicable laws.  The Content includes, but is not limited to, databases and directories of biographical information.  All trademarks, logos, service marks, trade names and trade dress are proprietary to Marquis unless otherwise noted and likewise are protected by applicable laws.

Subject to your compliance with these Terms of Use, Marquis grants you a limited, non-exclusive, revocable, non-assignable and non-transferable license to use the Content for research and educational purposes.  The use, copying, sale, renting, compilation, distribution, modification, creating of derivative works, or republication by you, directly or indirectly, of any of the Content, or any other use of the Content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.  Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Marquis, no rights (either by implication, estoppel or otherwise) in or to the Website or the Content are granted to you.

Biographical information or other aspects of the Content may be inaccurate or become inaccurate after it is submitted to Marquis.  Marquis makes no warranty of the Content’s accuracy.  We will not be liable to you as a result of any inaccuracies in the Content and your use of the Content is subject to the possibility of such inaccuracies.

III. Biographical Submissions

Users have the option to submit biographical and personal information for publication in our directories.  You are responsible for ensuring that any information you submit to Marquis is accurate.  Marquis reserves the right to select and edit material consistent with Marquis style, standards, and limitations of space. In the event of errors, the sole responsibility of Marquis will be to correct such errors in a succeeding print edition of the relevant publication and to correct such errors in the online directory within a reasonable period of time following receipt of notification of an error.  You agree that such corrections will be your sole remedy.Marquis expressly disclaims all other liability for loss or incidental or consequential damage, whether arising from negligence or other cause, to any party for errors in publishing.  Submission of information to Marquis by the named individual for inclusion in any of our listings constitutes permission for Marquis to publish the information in print, electronic database, or other form, now existing or yet unknown, and to distribute such information for publication by other parties, without compensation to you or any other person.  
From time to time, Marquis may make individuals’ information available to third parties who may send you information through e-mail or postal mail about their products and services.

IV. User Uploaded Information

We may allow you to upload materials other than biographical submissions (“User Uploaded Information”) to the website.  For example, the Website may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas.  Marquis does not endorse any User Uploaded Information.  Your submission or use of any User Uploaded Information is at your own risk.  Marquis reserves the right to delete, move or edit User Uploaded Information, in whole or in part, for any reason in its sole discretion.  Marquis undertakes no obligation to pre-screen User Uploaded Information, but may, in its sole discretion, monitor, modify, transmit over various networks, refuse, limit, move, block access to or remove any User Uploaded Information.  You agree not to accept payment for User Uploaded Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Uploaded Information.

You are solely responsible for all User Uploaded Information that you make available via any of the Website.  Under no circumstances will Marquis be liable in any way for any User Uploaded Information including, but not limited to, any errors or omissions in User Uploaded Information, or for any loss or damage of any kind incurred as a result of User Uploaded Information.

When you upload User Uploaded Information via the Website, you grant to Marquis, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, reproduce, distribute, sell, create derivative works of, and otherwise use such User Uploaded Information, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind, now existing or subsequently available, for any purposes whatsoever.

V. Digital Millennium Copyright Act

Marquis has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Marquis reserves the right to remove any content contained in or posted to the Website that may infringe copyright.

Notices to Marquis regarding any alleged copyright infringement on the Website should be directed to Marquis’s agent at  Please follow the procedures for reporting suspected infringement available here.

VI. User Accounts, Additional Terms, End User License Agreements & Subscriptions

The creation of a user account may be required for the use of certain portions of the Website.  Certain portions of the Website also may only be accessible through purchase or paid subscription.  Marquis reserves the right to determine in its sole discretion, and to change at any time, which portions of the Website may be available only with a user account, purchase or paid subscription.

Special terms and/or separate end user license agreements may apply to some services, products, software, competitions or promotions offered via the Website.  Such additional terms will be posted in connection with the applicable material.  In the event of a conflict, the additional terms prevail over these Terms of Use.

Marquis may change, suspend or discontinue any aspect of the Website, or the entire Website, at any time and without prior notice.

In connection with the creation of a user account you may be asked to provide certain information such as your name, email address, and other data.  Any information that you provide to the Website shall be accurate.  You are responsible for updating such information to ensure it remains accurate.

You accept responsibility for all activities that occur under your account or password.  You agree you will not sell, transfer or assign your user account.  You are responsible for maintaining the confidentiality of your password and for ensuring that others do not use it to access any password-protected portion of the Website.

VII. Privacy Policy

Important information about our use of information received through the Website is found in our Privacy Policy.  Please be sure to read it, including any updates we may make from time to time.

VIII. Restrictions on Use

You may use the Website only for lawful purposes.  For example, you agree that you will not:

  1. create any archive, compilation or database from the Content
  2. change or delete any Content on the Website except your own Biographical Submission
  3. copy any audio/visual content from the Website
  4. alter any trademark, copyright and other proprietary or legal notices contained in the Website
  5. manipulate the Website in any way not intended and directed by Marquis
  6. insert your own or a third party’s advertising, branding or promotional content into the Website
  7. upload, post, e-mail, transmit, display, distribute, promote or otherwise communicate, to the public or any person, any material of any kind that:
    1. is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive (ethnically, culturally or otherwise), pornographic, profane, racist, sexually explicit, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or that is otherwise objectionable
    2. violates the rights of Marquis or third parties, including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right
    3. restricts or inhibits any other person’s  use and enjoyment of the Website or that impairs or disrupts the Website in any way
    4. constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation
  8. use or attempt to use another person’s information, account, password, service or system except as expressly permitted
  9. impersonate another person or entity
  10. engage in any conduct that restricts or impairs the ability of others to use the Website, including but not limited to by means of a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, script or any other harmful component
  11. engage in any conduct that is competitive to Marquis or that interferes with the business of Marquis

This is not a complete list.  It is your responsibility to know the law and follow it.  Marquis reserves the right in its sole discretion to determine what conduct violates these Terms of Use.

IX. Force Majeure

Marquis shall not be deemed in default of this Agreement for any cessation, interruption or delay in the performance of its obligations due to earthquakes, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of the Party, provided that the Party relying upon this provision: If a force majeure event extends for a period in excess of 30 days in the aggregate, either Party may immediately terminate this Agreement upon written notice.

X. Termination

You may terminate your account by submitting a termination request to Marquis.  Marquis reserves the right to restrict, suspend, deny or terminate access to all or part of any of the Website, and to deny access to any person, in its sole discretion and without notice or liability of any kind.  Any violation of these Terms of Use may be referred to appropriate authorities.

XI. Third Party Content and Linked Sites

Third parties may provide some of the contents of the Website.  Marquis makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing.

Third parties may offer goods or services to you through the Website.  Such dealings are solely between you and the third party.  Marquis will not be responsible for any loss or damage of any sort incurred as the result of any such dealings.  References to products, services or publications within the Website do not imply endorsement by Marquis.

The Website may include links to other sites that are not maintained by Marquis.  Marquis is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites.  If you decide to access any third party site linked to the Website, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content.  Marquis shall have no liability for any loss or damage arising from your use of any such site.

XII. Disclaimer; Restriction of Liability

The Website and the Content are provided “as is” and “as available.”  To the fullest extent permissible by applicable law, Marquis disclaims all warranties of any kind either expressed or implied, including any warranties of merchantability, noninfringement and fitness for a particular purpose.

Marquis will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (1) the Website, the Content or User Uploaded Information, including but not limited to any inaccuracies or errors in any biographical information in any registry, database or collection accessible through the Website; (2) the use of, inability to use, or performance of the Website or any of the Content; (3) any action taken in connection with an investigation by Marquis or law enforcement authorities regarding your use of the Website or the Contents; (4) any action taken by or in connection with copyright owners; (5) any errors or omissions in the Website’s technical operation, whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Website). Marquis will not be liable for any damages or injury caused by any use of the materials or software accessible through the Website, including but not limited to, any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, or line failure due to, arising out of or otherwise attributable to the use of the Website.

XIII. Jurisdiction

Marquis controls and operates the Website and makes no representation that the Website is appropriate or available for use outside of the United States.  You are responsible for compliance with applicable U.S. and local laws, including export and import laws, regardless of your location when using the Website.


XIV. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Marquis confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in New Jersey, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein

XV. Miscellaneous

These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of New Jersey, without regard to conflicts of  the law’s provisions  You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in New Jersey, for all matters involving you and Marquis.

If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any applicable end user license or similar agreements contain the entire agreement between the parties relating to the Website.

Nothing in these Terms of Use is intended to confer on any third party any benefit or any right under any legislation in any country to enforce the provisions of these Terms of Use.