Terms of Service
Last Updated: April 1, 2017
This is a legally binding contract between you Southern Web, LLC. Please make sure you read it because it is important.
We use some shorthand to make these terms easier to read. When we say “service,” we mean marketketchup.com and the services offered through that site. When we say “we,” we mean Southern Web, LLC, a Georgia limited liability company. When we say “you” or “your”, we mean you, the user. When we say “your content,” we mean any text, sound, photos, videos, illustrations, location data, or other material which you post, upload, or otherwise share on or through the service. Similarly, when we say “our content,” we mean the copyrightable text, sound, graphics, and other material owned by Southern Web, LLC. And when we say “terms,” we mean these terms of service.
- ACCEPTING THESE TERMS
Please read these terms before using the service. If you do not agree to these terms, you may not register for the service. If we make material changes to these terms, we’ll let you know either through the service or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to firstname.lastname@example.org. If we do not hear from you within ten days, the revised terms will apply to you.
- PERMITTED USERS
The service is designed for use by adults in the United States. You must be thirteen years of age or older to use it. When you use the service, you represent that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
- COPYRIGHT AND INTELLECTUAL PROPERTY
You own your stuff; we own ours.
You retain ownership of your content. However, by posting, uploading, or sharing your content on or through the service, you (i) represent that you have authority to use your content in the manner contemplated by the Service and this Agreement and (ii) you grant us a non-exclusive, perpetual, sub-licensable, royalty-free, worldwide license to access, use, modify, reproduce, and display your content. (This license continues when you delete the material or your account is deactivated or cancelled.) This license permits us to perform the services that you registered for. For example, it permits us to store your content on redundant data servers or to generate guides, but it does not permit us to sell your content to advertisers or any other third party, nor does it transfer the copyright to us.
In addition, the service may provide features that allow you to share your content with others. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity.
When you deactivate or cancel your account, your content may be scheduled for deletion. So, your content may no longer be available if you later choose to reactivate your account.
All of our content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the service are copyrighted by us and are protected by the U.S. and international laws. Use of our content without our express prior written permission is strictly prohibited.
MarketKetchup and the MarketKetchup logo are trademarks or registered trademarks of Southern Web, LLC, in the United States and other foreign countries.
Use of the service is subject to Southern Web, LLC’s Acceptable Use Policies, available at https://southernweb.com/legal/acceptable-use-policies/.
- DISCLAIMER OF WARRANTIES
We strive to prevent interruptions to the service and be good stewards of your data. However, the service and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the service or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the service at your own discretion and risk.
- LIMITATIONS OF LIABILITY
To the extent permitted under applicable law, under no circumstances, including, without limitation, negligence: (A) shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the service; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages; or (B) shall our liability to you exceed, for paying clients, the amount you have paid for the services provided through the service, and, for non-paying users, the sum of $1,000.
You agree to indemnify, defend, and hold harmless Southern Web, LLC, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the service, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Southern Web, LLC, however, does not excuse any of your indemnity obligations.
- CHANGES TO THE SERVICE
We may at any time decide to alter, amend, modify, or terminate the service, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the service or any portion or functionality of it will continue to operate or be available for any particular period of time.
- Any claim arising out of or relating to your use of the service must be brought in the courts located within Atlanta, Georgia, and you (a) hereby submit to the personal and exclusive jurisdiction of those courts, and (b) waive any arguments concerning venue and the convenience of the forum.
- We may revise this Agreement from time to time. We will notify you of any revisions in advance of such revisions becoming effective. By using the service after revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the revised terms, you must notify us within thirty (30) days, and we will cancel your account.
- The Terms are governed by Georgia law except for its conflicts of laws principles.
- A waiver of any breach is not a waiver of any subsequent breach. A waiver is not effective unless pursuant to a writing signed by our authorized representative expressly waiving compliance.
- You may not transfer any rights or delegate any duties or obligations, voluntarily or by operation of law, without the written consent of Southern Web, LLC.
- Except for payment obligations, neither of us will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
- Other than specific disclaimers in emails sent to users and agreements concerning payment with clients, these Terms are the entire agreement between us and you with respect to the service. For avoidance of doubt, these terms do not supersede separate agreements between you and Southern Web, LLC regarding services and products other than MarketKetchup.