These Terms of Service (“Terms”) are a contract between you and Aptus Communications Inc. (“Aptus”). They govern your use of Aptus’s site MarkHing.com, services, mobile apps, products, and content (“Services”).
By using MarkHing.com, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use MarkHing.com.
We can change these Terms at any time. If a change is material, we’ll let you know before they take effect. By using MarkHing.com on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should not use MarkHing.com after they take effect, otherwise your use of the site and content will be subject to the new Terms.
SECTION 1 – CONTENT RIGHTS AND RESPONSIBILITIES
By posting content to MarkHing.com, you give us a nonexclusive license to publish it, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for Aptus granting you access to and use of the Services, you agree that Aptus may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote MarkHing.com, including its products and content. We will never sell your content to third parties without your explicit permission.
You’re responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
We can remove any content you post for any reason.
You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers for up to 14 days after you delete it.
SECTION 2 – OUR CONTENT AND SERVICES
You may not do, or try to do, the following: (1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide; (3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.
Crawling or scraping the Services is prohibited.
We may change, terminate, or restrict access to any aspect of the services, at any time, without notice.
SECTION 3 – INTELLECTUAL PROPERTY RIGHTS; LICENSE
3.1. Our Intellectual Property.
The Service and Sites, inclusive of materials, such as software, code examples, application programming interface, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks (excluding Customer Data), any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing (collectively, “Aptus Materials”), are the property of Aptus and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and Aptus, Aptus retains all right, title and interest, including all intellectual property rights, in and to the Aptus Materials.
3.3. Use Restrictions.
Except as expressly permitted in these Terms, you may not, and shall not allow an Authorized User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Sites to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Sites or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Sites; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service or Sites, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service or Sites, or any part thereof; (v) take any action that imposes or may impose (at Aptus’s sole discretion) an unreasonable or disproportionately large load on the Aptus infrastructure or infrastructure which supports the Sites or Service; (vi) interfere or attempt to interfere with the integrity or proper working of the Service or Sites, or any related activities; (vii) remove, deface, obscure, or alter Aptus’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Sites, or use or display logos of the Service or Sites without Aptus’s prior written approval; (viii) use the Service or Sites for competitive purposes, including to develop or enhance a competing service or product; or (ix) encourage or assist any third party (including other Authorized Users) to do any of the foregoing.
SECTION 4 – AGE OF CONSENT
By using MarkHing.com, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 5 – SECURITY
If you find a security vulnerability on MarkHing.com, please tell us at support@MarkHing.com.
SECTION 6 – INCORPORATED RULES AND POLICIES
SECTION 7 – MISCELLANEOUS
Disclaimer of warranty. Aptus provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.
Limitation of Liability. Aptus won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.
No waiver. If Aptus doesn’t exercise a particular right under these Terms, that doesn’t waive it.
Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
Choice of law and jurisdiction. These Terms are governed by British Columbia, Canada law, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in Vancouver, British Columbia.
Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Aptus and you concerning the Services.
Questions? Let us know at support@MarkHing.com.