Updated : March 27, 2009
MarginUp User Agreement
Welcome to MarginUp!
MarginUp provides its services to you under this agreement and may
update this agreement from time to time without notice to you. You are fully
responsibile for keeping updated with latest MarginUp
user agreement. Using MarginUp sites or services automatically constitutes your acceptance of
1. Your Registration and Membership Eligibility
MarginUp sites and services are only available to, and may only be used by companies
or traders who have import or export rights and can form legally binding
contracts, under applicable law. Children
under the age of 18 or any legal age of other jurisdiction are not eligible
to use MarginUp sites and services.
MarginUp sites and services are also not available to suspended
and terminated MarginUp members.
You agree to provide true, accurate, genuine, complete,
and current information about your company, products or services, and
yourself to MarginUp. If MarginUp finds in our sole discretion that the information you provide is
untrue, inaccurate, illicit, unethical, violent, offensive, harmful,
discriminating, incomplete, and not current, we have the right to remove
your listings, suspend and terminate your account, and refuse any of your
current and future use of MarginUp sites and services.
2. MarginUp is an Internet Venue
MarginUp has no control over the accuracy, authenticity, quality,
safety or legality of the items listed or traded, the ability, authenticity, or legality of manufacturers
and suppliers to produce and distribute items, the ability, authenticity, or legality of sellers and buyers to
sell and buy items, the ability, authenticity, or legality of sellers and buyers to form legally binding
contracts under the applicable law, the ability, authenticity, or legality of sellers and buyers to fulfill contracts of any kind,
the right or legality of sellers to export items from their countries, and the right or legality of buyers to import items to their countries.
You understand and agree that MarginUp sites and services assume no responsibility for the accuracy, rightness,
genuineness, legitimacy, timeliness, completeness, deletion, and failure to store or deliver any user settings or
3. Fraud Prevention
MarginUp has the right to suspend and terminate your
account if we suspect or are notified by law enforcement or jurisdiction
that you (by any means) are conducting or have engaged in fraudulent or any
unlawful, criminal activity through our sites or services. Under this
circumstance required by law, MarginUp will have to and has the right to
disclose all your information to law enforcement and jurisdiction, without
your explicit and implicit consent.
4. Your Account and Password
You are fully responsible for all activities taken
under your MarginUp password and account.
You are advised to keep your password confidential and unknown to any
third parties, and close your browser window each time when you finish using
MarginUp sites or services. You agree to immediately notify MarginUp of
any suspicious use of your MarginUp password or account, and change your
password in your MarginUp account center. MarginUp will not and cannot be
liable for any loss or damage caused by your failure to comply with this
section or any malicious action taken out of our control.
5. Duration of Trade Rooms You Create
MarginUp allows you to create your own private trade
Please note that rooms created by you are not
persistent. Your rooms will be deleted once you logout, even though you may
not have deleted them prior to logging out.
6. Your Conduct
You understand that all information including, but
not limited to, text, messages, photographs, graphics, images, was generated
by each individual or business entity who is fully responsible for all its
content uploaded, posted, and transmitted via MarginUp sites and services.
It is entirely your responsibility when you view, download content,
and communicate with other MarginUp users.
Under no circumstance will MarginUp be liable for any errors,
omissions, offense, indecency, loss, or damage arising from your use of any
content uploaded, posted, and transmitted via MarginUp sites and services.
You agree not to use MarginUp sites or services
violate any laws, provisions, or regulations
conduct or employ in any illegal, criminal activity
infringe any trademark, patent, copyright, and business secret
of any person or entity.
upload, post, transmit any content that is untrue, inaccurate,
illicit, unethical, violent, offensive, harmful, discriminating, incomplete,
and not current.
impersonate any person or entity.
upload, post, transmit any content that contains software
viruses, vicious programming codes and applications to compromise,
interfere, destroy any functionality of any computer systems or network
copy, modify, create derivative works from MarginUp sites and
its users’ content posted.
spam, spim (instant-messenger spam) other MarginUp users.
You should not spam and spim (instant-messenger spam)
other MarginUp users. MarginUp
has the right to remove all your content, suspend or terminate your account,
and refuse any of your current and future use of MarginUp sites or services,
if through our investigation and in our sole discretion, you are a repeat
7. License to Use
MarginUp does not have the ownership of content you
submit to us for listing on MarginUp sites and services. However, you grant MarginUp the worldwide, royalty free
licenses to edit, resize, reformat, and display your content for our sites
8. No Warranty
MarginUp sites and its services are provided “AS
IS” and without any warranty of any kind, express or implied.
MarginUp, its officers, directors, employees, partners, resellers, vendors, agents, and service
providers disclaim, without limitation, any implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
9. Our Liability Limit
Under no circumstance will MarginUp, its officers,
directors, employees, partners, resellers, vendors, agents, and service providers be liable to you or
any third party for any loss or damage arising from or in connection with
the use of MarginUp sites and services, whether based on breach of contract, warranty,
tort (including negligence), or otherwise, whether MarginUp has been advised of the possibility
of such damages.
You agree to indemnify and hold MarginUp, its officers,
directors, employees, partners, resellers, vendors, agents, and service providers harmless from any
claim and demand, including reasonable attorneys’ fees, made by any third
party due to or arising out of your use of MarginUp sites or services,
you upload, post, transmit through MarginUp sites or services, and your
violation of any law or the rights of any third party.
11. Changes to Sites and Services
MarginUp has the right to change and discontinue its
sites and services temporarily or permanently from time to time, with or
without notice to you. You
agree that MarginUp will not be liable to you or any third party for any
changes, suspension, or interruption of MarginUp sites and services.
MarginUp can send you notices including, but not
limited to, maintenance, administration, or new features, by either email,
or postings on the sites.
13. Fees and Payments
To advertise with us, you agree to pay MarginUp the advertising fees (including any applicable
taxes) at the rate for which such advertising plan in effect charges, and are responsible for all fees
in connection with accessing MarginUp sites and services. All fees and charges are not refundable.
MarginUp does not charge you using recurring
billing. Should your MarginUp ad(s) expire, you can decide
in your own discretion to renew your ad(s).
MarginUp may change the advertising fees,
which do not immediately apply to active
(ads unexpired) existing MarginUp ads, from
time to time, with or without notice to you.
14. Deactivation of Your Member Account
Upon closure of your MarginUp account, with or without notice, due to violation of user
Any of your products/services posted and all settings will be deleted from our databases and servers.
15. Trademarks and Copyrights
You understand that any trademarks, patents, and
copyrights are trademarks, patents, and copyrights of their individuals or
entities. Without owners’
permission, you agree not to display or use any of their trademarks,
patents, and copyrights in any manner.
16. General Provisions
These terms of agreement will and shall be governed by the laws
of the State of Washington, without regards to the conflict of laws or provisions of Washington or
your residential/business state or country. If any provision of
this agreement is found by a court of competent jurisdiction to be invalid, you and MarginUp agree that
the remainder of these terms of agreement will remain in full force and effect. If any dispute arises
from these terms of agreement hereof, you and MarginUp agree to submit to the personal jurisdiction of the
courts located in King County, Washington, USA.