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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 MarginUp user agreement and privacy policy.

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 communications.   

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 rooms.

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 to:

·        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 equipment. 

·        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 offender or have breached MarginUp user agreement or privacy policy.

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 and services.

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.

10. Indemnity

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, your breach of the MarginUp user agreement or privacy policy, the content 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.

12. Notice

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 agreement or privacy policy herein, you immediately lose access to all member areas.  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.




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MarginUp User Agreement and Privacy Policy.