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Terms and Conditions

  • About 2013/08/05 03:53:21 am | 386613 views

    Terms and Conditions

    By accessing EzineMark.com, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you should leave the EzineMark Website and discontinue use of the EzineMark Services immediately. Any further access from you to our website will be considered as an acceptance of the terms and conditions stated below.

    EzineMark may modify this agreement at any time without advanced notification and such modification shall be effective immediately upon posting of the modified agreement on the site. You agree to be bound to any changes to this agreement when you use the EzineMark Services after any such modification is posted. It is therefore important that you review this Terms of Conditions regularly to ensure you are updated with the changes.

     

    1.    Eligibility

    2.    Account Terms

    3.    Content posted on EzineMark.com

    4.    Author Terms of Service

    5.    Publisher Terms of Service

    6.    Your conduct on our sites

    7.    Third-party sites, products, and Services

    8.    Non-commercial Use

    9.    Privacy

    10.    Proprietary Rights

    11.    Disclaimers

    12.    Indemnity

    13.    Miscellaneous

     

    Eligibility

    By using the EzineMark Services, you represent and warrant that:

    •    all registration information you submit is truthful and accurate and you will maintain the accuracy of such information;

    •    You are at least 13 years old (otherwise, for those who want to become Members, we shall need the parental direct consent). You may have your parent or tutor e-mail us at contact@EzineMark.com to verify that you have been granted permission to use this site. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age and you do not comply with the rules stated above;

    •    You are the owner, the developer of the software that you send to us. Your use of EzineMark Services does not violate any applicable law or regulation.

     

    Account Terms

    1.    Users must be a human.  We do not accept account registered by “bots” or other automated methods.

    2.    Users must provide their legal full name, a valid email address, and any other information requested in order to complete the registration process.

    3.    An account may only be used by one person, only one account per person is allowed.

    4.    Users take the responsibility for maintaining the security of their account and password. EzineMark cannot and will not be liable for any loss or damage from a failure to abide by this security obligation.

    5.    Users may not use the Service for any illegal or unauthorized purpose, nor, in the use of the Service, violate any laws in their jurisdiction (including but not limited to copyright laws).

    6.    Users are prohibited to build traffic to ones content by using any form of cloaking, hidden frames, pop ups, traffic exchange networks, purchased lists, black hat SEO, redirect links, hidden links, cloaking links, tricking people in to clicking links, purchased visitors schemes and any form of automated

    7.    Users are prohibited from using our services in conjunction with any form of network abuse, spamming, spyware, denial of service, or other illegal traffic driving activity. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Users may only send e-mail to recipients in their own private email accounts.

    8.    Only content in English is accepted.

    9.    Luring users to click on Ads is strictly forbidden.

    Violation of any of the above may result in the suspension of your account.

     

    Content posted on EzineMark.com

    EzineMark allows the users to submit and post different content on the web. EzineMark is not liable for the content submitted, however, EzineMark may delete any content that in its sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. On the top of that, EzineMark only provides legitimate software, any content that provides crack, serial code, and registration code of any software is strictly not allowed. Please bear in mind that EzineMark follows closely with Adsense Content Policy which we strong encourage all EzineMark authors to review carefully. Any content that violates Adsense Policy will be removed immediately and the author might be removed their writing privileges.

    We take the intellectual property of others seriously, and we want you to do the same. If you believe that your content or other work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent via email contact@EzineMark.com the following information in accordance with the Digital Millennium Copyright Act:

    •    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

    •    A description of the copyrighted work that you claim has been infringed;

    •    A description of where the material that you claim is infringing is located on the Website;

    •    Your address, telephone number, and email address;

    •    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    •    A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Although EzineMark has a strict policy of checking all software made available for downloading using up-to-date virus scanning technology, you understand that EzineMark cannot and does not guarantee that files available to download through EzineMark.com will be free of infection or Viruses, Worms, Trojan horses or other code that manifest contaminating or destructive properties. However, there are several software products that have been thoroughly tested in the EzineMark laboratories; for these and solely for these items, EzineMark guarantees that, at the moment of testing and only at that moment, they are 100% clean of any form of malware, including, but not limited to spyware, viruses, trojans and backdoors. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

    The technology and the software underlying our sites and the Services is the property of EzineMark, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site or the Services.

    The Author, not EzineMark, will take the responsibility for all content or Author Content that is uploaded, posted, transmitted or otherwise made available by the Author on the Service. EzineMark cannot guarantee the accuracy, integrity or quality of content posted by users. EzineMark has the right (but not the obligation) in its sole discretion to refuse or remove any content for any reason, including contents that may violate these Terms, or that is otherwise objectionable.

     

    Author Terms of Service

    1.    You agree that you are the original author of each article you submit. If you have hired a ghostwriter, you agree that you have exclusive rights to each article you submit.

    2.    There are no guarantees that your articles will be accepted for publication in our directory. It is at our sole discretion whether or not to include your articles. If published, we reserve the right to remove any articles at any time.

    3.    We reserve the right to choose a more suitable category for your articles if we find them to be classified wrong.

    4.    By submitting your articles to EzineMark.com, you agree to allow us to:

    •    Publish your article on EzineMark.com and any of its article directory partners.

    •    Publish your article in RSS format for other websites to syndicate.

    •    Publish your article in our real time, daily, or weekly newsletters.

    5.    You agree that EzineMark.com is a free service for authors and publishers. You will not be paid for submitting your articles to our sites and you will not be paid if and when your articles are published. You will receive all credit for your work and your resource box will be left in place.

    6.    You agree to not include any affiliate links in the body of your article. If you are trying to promote an affiliate program, please set up your own domain and link to it in your resource box.

    7.    EzineMark.com may at any time translate your article into various languages for our sister sites. Your article will remain complete with your resource box.

    8.    We reserve the right to include advertising on pages with your articles.

    Publisher Terms of Service

    1.    You must not remove "Article Source: www.EzineMark.com" from each article you choose to publish (we worked hard collecting and publishing them).

    2.    If you want to publish/ reprint any article from our site in your website, blog, forum, RSS feed or print publication, you must:

    •    Publish the entire article without making any changes to the title or content to respect the copyrights of the authors. This includes without limitation to a. Resource box, b. Any links provided by the author. All these links must remain intact and not altered in any way.

    •    Include the FULL Resource box or SIG line at the end of the article.

    •    You must agree to keep hyperlinks "live" (with no syntax changes)so that users can click on said link and be taken to its destination.

    •    Include the article source credit below each article reprinted with the link active:

    •    Article Source: EzineMark.com

    •    Not to put any article on this site to any web site that also contains warez, illegal mp3 or other files, instructions on how to make bombs or steal, or expressions that promote hatred or profanity or racism or bigotry, or contains pornography or exploits children or animals or any human, or any other unlawful activities.

    •    Not to reprint any article from this site via any unsolicited email, spamming, or pop up ads.

    •    Never sell any article obtained from the EzineMark.com directory without written consent from the author. This includes selling articles individually or in a compilation. 

    •    Not to charge others to view any article you reprint from our directory.

    •    Not use any content from our site in audio or video derivatives whatsoever.

    •    Never translate any content from our site in any language. You may not create derivative works from any of our content.

    •    Not to add any active links to any article you reprint from our site.

    •    Never to reprint any author photo or images found on our site.

     

    Your conduct on our sites

    If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

    The technology and the software underlying our sites and the Services is the property of EzineMark, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services.

    Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

    1.    Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;

    2.    Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

    3.    Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;

    4.    Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

    5.    Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

    6.    Download any file that you know or reasonably should know cannot be legally obtained in such manner;

    7.    Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

    8.    Restrict or inhibit any other user from using and enjoying any public area within our sites;

    9.    Collect or store personal information about other end users;

    10.    Interfere with or disrupt our sites, servers, or networks;

    11.    Impersonate any person or entity, including, but not limited to, a EzineMark representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    12.    Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;

    13.    Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

    14.    Engage in any illegal activities.

    You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

    Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by EzineMark.com for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

    Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

     

    Third-party sites, products, and Services

    Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

    We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

    The inclusion of a linked site is for the User’s convenience only and is not intended as and should not be construed as an endorsement or recommendation by EzineMark of the linked site or its content. The views of the authors that have submitted their articles to this site are owned by them alone and do not necessarily reflect the views of EzineMark.com, its management team or owners. Further, EzineMark.com does not recommend any product or service found via any advertisement within this site.

     

    Non-commercial Use

    The EzineMark Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by EzineMark. Illegal and/or unauthorized use of the EzineMark Services, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the EzineMark Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the EzineMark Services.


    Privacy

    The information that you provide us about you will solely be used in accordance with the terms of our Privacy Policy.

    EzineMark promises to never rent or sell your personal information, and no email will be sent to your email from a third party as a result of your relationship with us, unless we have already asked and you agree to do so.

    It is commonly courteous that you should let an author know when you reprint their article, but at this time we are not providing any authors email address beyond what they may include in an article (please find it from their website link if their email address is not provided in the article.)


    Proprietary Rights

    Users should understand that EzineMark may adjust, suspend or discontinue the site and/or the services and may make some changes to some features and functions of the site or the services at any time for any reason, without notice, cost or liability. The user acknowledges and agrees that at some time the site and/or the services may be inaccessible and inoperable for any reason without limitation, including technical malfunctions, periodic maintenance or repairs which EzineMark may undertake from time to time, or causes beyond the control of EzineMark or which are not reasonably foreseeable by EzineMark. The User acknowledges and agrees that EzineMark does not guarantee the availability of the Site or the Services on a continuous or uninterrupted basis.

    EzineMark has the right without advanced notification to:

    1. Remove or disable access to all or any portion of the site or the services;

    2. Suspend or terminate the user’s access to or use of all or any portion of the site or the services at any time and for any reason.

     

    Disclaimers

    We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

    WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

     

    Indemnity

    You agree to indemnify and hold EzineMark, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the message boards on EzineMark Website, the violation of these terms and conditions by you, or the infringement by you, or other user of the message boards using your computer, of any intellectual property or other right of any person or entity. EzineMark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

     

    Miscellaneous

    EzineMark reserves the rights, in its sole discretion, to suspend, modify, add or erase at any time parts of its web Content. Moreover, EzineMark has the right to modify the terms of the present Agreement, at any time and without prior warning. You are to verify the Agreement from time to time, because you acknowledge that you are subject to the modifications as soon as they are posted on the web. If at any moment, some services provided by EzineMark can be subject to other terms than these stated above, we shall post a visible announcement on the website, regarding the specific regulations for that matter.

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