Terms & Conditions
I. General Rules and Definitions
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.
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 firstname.lastname@example.org. 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.
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.
VIII. Restrictions on Use
You may use the Website only for lawful purposes. For example, you agree that you will not:
- create any archive, compilation or database from the Content
- change or delete any Content on the Website except your own Biographical Submission
- copy any audio/visual content from the Website
- alter any trademark, copyright and other proprietary or legal notices contained in the Website
- manipulate the Website in any way not intended and directed by Marquis
- insert your own or a third party’s advertising, branding or promotional content into the Website
- upload, post, e-mail, transmit, display, distribute, promote or otherwise communicate, to the public or any person, any material of any kind that:
- 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
- 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
- restricts or inhibits any other person’s use and enjoyment of the Website or that impairs or disrupts the Website in any way
- 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
- use or attempt to use another person’s information, account, password, service or system except as expressly permitted
- impersonate another person or entity
- 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
- engage in any conduct that is competitive to Marquis or that interferes with the business of Marquis
IX. Force MajeureMarquis 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.
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.
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.
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