1.1. These Terms of Use outline the rules and regulations for the access and use of Marbazzar.com, a SaaS product website. The purpose of these terms is to establish an understanding between the website operator and users regarding acceptable behavior, use of content, and responsibilities when using the website. Separate Terms and Conditions apply to buyers and sellers who create Buyer Account s and Seller Account s, respectively, on Marbazzar.com. The terms set forth in this document pertain solely to general website use and not to specific transactions facilitated by the platform.
1.2. By accessing, browsing, or using Marbazzar.com (the 'Website'), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. The Terms of Use constitute a legally binding agreement between you and Marbazzar.com. If you do not agree to these terms, you are not allowed to use the Website.
1.3. These Terms of Use do not apply to the Buyer Account or Seller Account, which are governed by separate Terms and Conditions.
1.4. As a user of the Website, you are responsible for your own actions and are expected to act in compliance with the rules and guidelines set forth in these Terms of Use, as well as any other applicable laws and regulations.
1.5. Marbazzar.com reserves the right to modify or update these Terms of Use at any time, without prior notice to you. It is your responsibility to review these Terms of Use periodically for any changes. Your continued use of the Website following the posting of changes to these Terms of Use will signify your acceptance of such changes.
2.1. You agree not to engage in any conduct that is prohibited or may harm the Website, its users, or the services. When using Marbazzar.com, you are prohibited from infringing upon the Intellectual Property Rights of Marbazzar.com, its users, or third parties; copying, distributing, or transmitting any copyrighted material without authorization:
3.1. All content available on the Marbazzar.com website, including but not limited to the website design, text, graphics, logos, icons, images, photographs, video clips, and any software or code collectively referred to as the 'Content', is the property of Marbazzar.com or its licensors. The Content is protected by Intellectual Property Rights, including but not limited to copyright and trademark laws.
3.2. When using the Marbazzar.com website, you may not copy, reproduce, republish, download, post, broadcast, transmit, distribute, or otherwise use the Content in any way except for your own personal, non-commercial use. Any other use of the Content requires the prior written permission of Marbazzar.com.
3.3. By accepting the Terms of Use, you acknowledge and agree that Marbazzar.com and its licensors own all legal right, title, and interest in and to the Content, including but not limited to any Intellectual Property Rights therein. You also acknowledge that the Content may be subject to other proprietary rights of Marbazzar.com or its licensors.
4.1. Marbazzar.com is committed to protecting your privacy and ensuring the security of your personal data. This website uses cookies for collection of personal data. It also contains areas where you can voluntarily provide your personal data. Our Privacy Policy explains how we collect, use, and protect your personal information when you use our website.
4.2. Please note that our Privacy Policy does not apply to third-party websites, products, or services that you access through links on our website. We encourage you to review the privacy policies of these third parties to understand how they collect and use your personal information.
5.1. The use of Marbazzar.com and its services is at your own risk. The site is provided on an 'as is' and 'as available' basis. Marbazzar.com, its officers, directors, employees, and agents accept no responsibility or liability in connection with your use of the website or any content available on or through the website.
5.2. Marbazzar.com does not warrant that (a) the website will meet your requirements, (b) the website will be uninterrupted, timely, secure, or error-free, (c) the information or results that may be obtained from the use of the website will be accurate, reliable, or current, or (d) the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations.
5.3. In no event shall Marbazzar.com or its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from: (a) the use or inability to use the website; (b) unauthorized access to or alteration of your transmissions or data; (c) any conduct or content of any third party on the website; or (d) any other matter relating to the website and its services.
5.4. To the maximum extent permitted by law, Marbazzar.com expressly disclaims any and all liability for any data breaches resulting from unauthorized access to your Seller Account, Buyer Account, or other user information. You are responsible for the security of your own username and password, and Marbazzar.com is not liable for any loss arising from unauthorized access to your accounts.
5.5. Additionally, Marbazzar.com is not responsible for any content posted on its website by third parties and has no control over, nor does it endorse, any such content. Any reliance on such content is entirely at your own risk.
5.6. This Limitation of Liability is an essential part of the agreement between you and Marbazzar.com and shall apply to all claims of liability, whether based on contract, tort, negligence, or otherwise, even if Marbazzar.com has been advised of the possibility of such damages.
6.1. These Terms of Use and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, where Marbazzar.com is registered and operates.
6.2. Any disputes, controversies, or claims arising out of or relating to the Terms of Use, including but not limited to the interpretation, breach, termination, or validity thereof, shall be resolved by arbitration under the rules of the American Arbitration Association (AAA) in Delaware.
6.3. The arbitration shall be conducted by a single arbitrator appointed by the parties or, if the parties cannot agree within thirty (30) days of either party's request for arbitration, such arbitrator shall be appointed by the AAA in accordance with its rules.
6.4. The language of the arbitration shall be English. The seat of arbitration shall be a location in Delaware mutually agreed upon by the parties. The award rendered by the arbitrator shall be final and binding on the parties, and judgment upon the award may be entered in any court having jurisdiction.
6.5. Nothing in these Terms of Use shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to Intellectual Property Rights, Data Security or any other matters requiring immediate or interim protection.
7.1. The effective date of these Terms of Use is [date].
