Terms And Conditions: MarketZAR Website
I General Information
MarketZAR Website I General Information
A.Binding Terms and Conditions
Your use of this web site, its content, the software and associated materials
made available through this web site (collectively, the "Site") signifies your
knowledge and unqualified agreement to be bound by these terms and conditions,
including acceptance of our Privacy Policy (collectively referred to as the
"Terms").
We reserve the right to modify these terms and conditions at any time without
notice. Any modifications posted on the Site will be effective immediately. You
are responsible for reviewing the Terms periodically for any such modifications.
Your continued use of the Site indicates your knowledge and acceptance of the
Terms and any subsequent modifications thereto.
B. Governing Law and Jurisdiction The Terms are governed by and construed in
accordance with the laws of the State of Nevada, United States of America,
without regards to its principles of conflicts of law. You agree to submit to
the exclusive jurisdiction of any State or Federal court located in Las Vegas,
Nevada, United States of America, and waive any jurisdictional, venue or
inconvenient forum objections to such courts. Your use of the Site constitutes
an agreement by you that any dispute that cannot be resolved between you and us
shall be resolved without resort to any form of class action.
C. Entire Agreement If any provision of this Agreement is found to be
unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions.
II. Conditions and Obligations
A. Eligibility
United States of America
To participate in any trading contest or tournament held on the Site with
license fees and/or prizes, you must be:
. a natural person of at least 18 years who is assigned the email address
submitted on your account registration form. However, if you reside in a state
that has a higher minimum age to participate in such contests, you must comply
with the applicable state law;
. be a U.S. citizen or resident alien with a U.S. address; and
. be physically located in a U.S. state in which participation in the trading
contests or tournaments offered on the Site is unrestricted by law.
The rules governing sweepstakes, contests and tournaments with entry fees
and/or prizes are established by individual states, not the federal government.
If you reside in any of the following states, you CANNOT participate in
fee-based tournaments with prizes: Arizona, Arkansas, Connecticut,
Delaware, Florida, Illinois, Iowa, Louisiana, Vermont, Maryland or Tennessee or
any other jurisdiction in which participation in the games and tournaments
offered on this Site is restricted by law. VOID WHERE PROHIBITED OR RESTRICTED
BY LAW.
Outside the United States of America
To participate in any tournament or contest held on the Site with entry
fees and/or prizes from outside the United States of America, you must be:
. a natural person of at least 18 years who is assigned the email address
submitted on your account registration form;
. be physically located in a jurisdiction in which participation in the prize
tournaments offered on the Site is unrestricted by law.
WE MAKE NO REPRESENTATION THAT THE SITE, IN WHOLE OR IN PART, IS
APPROPRIATE OR AVAILABLE FOR USE IN YOUR JURISDICTION. PLEASE BE ADVISED THAT
YOU ACCESS THIS SITE AT YOUR OWN INITIATIVE AND RISK AND ARE SOLELY RESPONSIBLE
FOR COMPLYING WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
WE RESERVE THE RIGHT TO MONITOR THE LOCATION FROM WHICH YOU ACCESS THE SITE AND
LIMIT THE AVAILABILITY OF THE SITE, IN WHOLE OR IN PART, TO ANY PERSON OR ANY
JURISDICTION AT ANY TIME AND IN OUR SOLE DISCRETION. IN ANY EVENT, YOU ARE
SOLELY RESPONSIBLE FOR SUBMITTING ACCURATE REGISTRATION INFORMATION AND
MAINTAINING THE ACCURACY OF THIS INFORMATION ON AN ONGOIG BASIS. DELIBERATELY
SUBMITTING MISLEADING, INCOMPLETE AND/OR INACCURATE INFORMATION WILL RESULT IN
THE TERMINATION OF YOUR USER ACCOUNT AND FORFEITURE OF ANY PRIZES YOU MAY HAVE
WON ON THE SITE.
WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO AND USE OF THE SITE OR ANY
PORTION THEREOF AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT CAUSE.
Technical Configuration
It is your sole responsibility to confirm the technical compatibility between
your computer system and the Site. For a detailed listing of optimal computer
specifications, please see technical specs.
B. User Accounts
As the holder of your account, you acknowledge and agree that you are the
sole beneficiary of the account and are solely responsible for its proper use.
Your account is not transferable to any other person. Accordingly, you may not
allow any other person to access your account or access the Site, make any
deposits, accept any winnings, or participate in any trading contest or
tournament using your account information. By registering and/or participating
in any trading contest or tournament offered on the Site, you agree to
indemnify, defend, and hold us and our affiliates harmless from or for any
claims, liability, damages, and/or costs (including attorney fees) arising from
any such unauthorized use.
The use of your account is subject to the rules and restrictions contained in
these Terms, including those which immediately follow. Please be advised that by
registering for an account and/or participating in any trading contest or
tournament offered on the Site, you acknowledge and agree that we may monitor by
any means and at any time your account information and any and all activities on
your computer while you are in the process of communicating with the Site and
for the purposes of ensuring compliance with the Terms.
Contest Fraud
At MarketZAR's discretion, contest participants who practice trading
techniques that give them an unfair advantage over other contestants may be
disqualified from participating in the contest or any prize.
You may not (a) gain unauthorized access to the Site's systems or any account
(other than your own), interfere with the communications, procedures or
performance of the Site or deliberately damage or undermine the Site, (b) affect
the outcome of or participate in any trading contest or tournament offered on
the Site by means of or with the assistance of macro, bots, screen analysis
utilities, memory readers or similar methods or to otherwise commit fraud in
relation to the Site, or (c) alter the human skill component of any game. Any
attempt to do so may result in civil and/or criminal prosecution, termination of
your user account and forfeiture of all winnings, bonuses and incentives to
which you would otherwise be entitled.
IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT YOU ENGAGED IN CONTEST FRAUD OR
POOR CONDUCT, WE HAVE THE RIGHT TO (A) FORFEIT ANY WINNINGS, BONUSES AND/OR
INCENTIVES CONTAINED IN YOUR USER ACCOUNT(S), AND/OR (B) TO TERMINATE YOUR USER
ACCOUNT(S) ALTOGETHER IN WHICH CASE WE RESERVE THE RIGHT, BUT HAVE NO
OBLIGATION, TO REFUND TO YOU ANY FUNDS IN YOUR TERMINATED USER ACCOUNT(S) (LESS
FORFEITED WINNINGS, FEES PAID AND BONUSES/INCENTIVES GRANTED). IN THE CASE OF
MULTIPLE ACCOUNTS, WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO CONSOLIDATE
THE FUNDS IN ANY MULTIPLE ACCOUNTS (LESS FORFEITED WINNINGS, FEES PAID, AND ANY
BONUSES/INCENTIVES GRANTED) TO YOUR FIRST ORIGINAL ACCOUNT. YOU ACKNOWLEDGE AND
AGREE THAT WE HAVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION WE DEEM
NECESSARY TO COMPLY WITH APPLICABLE LAW, REGULATION, LEGAL PROCESS OF GOVERNMENT
REQUEST.
Poor Conduct
You may not engage in any harassment of other participants or our staff, post
objectionable material on the Site, provide us with misleading information,
deliberately transfer money between accounts (i.e. "money laundering"),
intentionally trade poorly in certain contests to achieve a
oader competitive
advantage or
each of any of the Terms, including the User Code of Conduct. Any
attempt to do so may result in civil and/or criminal prosecution, termination of
your user account and forfeiture of all winnings, bonuses and incentives to
which you would otherwise be entitled.
Temporary Account Suspensions
We reserve the right to temporarily suspend your user account if: (a) you
have earned $600 or more in winnings in a calendar year until such time as you
provide us with proof that you have submitted a W-9 Form or W-8 Form to the U.S.
Internal Revenue Service; (b) you have not yet submitted to us a payment
authorization form and a valid copy of your personal identification; or (c) we
are investigating your activity in relation to the Site for possible multiple
account use, contest fraud or poor conduct.
C. User Code of Conduct
While using the Site, and as a continuing condition of your use of the Site,
you agree to comply with all applicable laws, rules and regulations and not to:
. restrict or inhibit any other visitor or member from using the Site,
including, without limitation, by means of "hacking" or defacing any portion of
the Site;
. use the Site, Content or Software for any unlawful purpose;
. express or imply that any statements you make are endorsed by us, without
our prior written consent;
. transmit (a) any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise objectionable,
or infringes our or any third party's intellectual property or other rights; (b)
any material, non-public information about companies without the authorization
to do so; (c) any trade secret of any third party; or (d) any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities or other
unsolicited commercial communication (except as otherwise expressly permitted by
us);
. engage in spamming or flooding;
. transmit any software or other materials that contain any viruses, worms,
trojan horses, defects, date bombs, time bombs or other items of a destructive
nature;
. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or
disassemble any portion of the Site, Content or Software;
. remove any copyright, trademark or other proprietary rights notices
contained in the Site, Content or Software;
. "frame" or "mirror" any part of the Site without our prior written
authorization;
. link to any part of the Site;
. use any robot, spider, site search/retrieval application or other manual or
automatic device or process to retrieve, index, "data mine" or in any way
reproduce or circumvent the navigational structure or presentation of the Site
or its contents; or
. harvest or collect information about Site visitors or members without their
express consent.
Chat and Message Board
Chatting to other persons online is generally accepted as requiring polite
and courteous behavior, extending to strangers from different countries and
cultures those widely recognized levels of social etiquette employed during
telephone communications or meetings in person.
MarketZAR accepts and recognizes the rights of our users to freedom of
expression during online communications but requests its users recognize their
primary responsibilities towards each other: Not to cause offence through the
use of inappropriate or inflammatory words comments or phraseology during online
communications either prior to, during or after any online game session.
We require that you refrain from abuse, whether intentionally caused or not.
Abuse may be specifically constituted by any of the following:
--Using foul language or expletives in the course of communications
--Insulting fellow users whether during a trading contest or not
--Repeated or one-off communications during a contest intentionally timed to
distract or otherwise interfere with the course of trading.
--Employing sexual language or words suggesting inappropriate behavior
--In addition, we strongly recommend to our users that they withhold their
email addresses from other users at all times in order to avoid the risk of
onward distribution or publication to unauthorized companies or persons.
MarketZAR will not release email addresses to unauthorized third parties unless
required to do so by operation of law or regulation and we request that our
users extend that privilege to each other. Information disclosed on the Site
chat rooms or message boards becomes property of the Site and is revealed to the
public. The Site is not responsible for any information you choose to disclose
to others.
Compliance with our Code of Online Conduct is a mandatory requirement of all
our users who have accepted our Terms & Conditions for using the MarketZAR
service. We will investigate any Communications complaints submitted by our
users. Failing to comply may result in the suspension and / or termination of
your user account. Suspended accounts may be re-activated at the discretion of
MarketZAR management.
D. License Fee
Except where otherwise noted, in all trading contests or tournaments with
actual cash entry fees we retain a portion of the aggregate total as a license
fee. The license fee will vary depending on the type of contest or tournament
entered.
E. Taxes
You are solely responsible for paying all federal and other taxes in
accordance with the laws that apply in your state, province and/or country of
residence and complying with any withholding tax obligations imposed by
applicable law in connection with your activity on the Site. The
back-up withholding rate of 28% applies for United States domestic persons who
do not provide MarketZAR with a valid taxpayer ID. The withholding rate for
foreign persons is 30%.
United States domestic players can provide us with their valid taxpayer ID by
filling out an IRS W-9 Form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) and
emailing us at:
Email: info@MarketZAR.com
If your total winnings on the Site in any given year reach $600, we will
request that you submit your social security number in order to send you a Form
1099, as required by U.S. Internal Revenue Service regulations, if you are a
U.S. citizen. Failure to provide your social security number at that time will
result in our inability to credit your account for any winnings in excess of
$600.
F. Promotions and Privacy
By establishing a user account with the Site or participating in a contest or
tournament on the Site, you agree that (a) we may display on the Site your
username, public nickname, and contest scores and records, and (b) we may use
your personal information as set out in our Privacy Policy. By accepting any
winnings/prize in connection with the Site, you further agree and authorize us
to publish and otherwise use for promotional purposes your username, public
nickname, contest or tournament records and likeness in any form of media
(newsletters,
oadcasts, emails, etc.) without any further compensation to you.
G. User Material
Except as otherwise provided in our Privacy Policy, any communication or
material you or any other end user posts or transmits to the Site by electronic
mail or otherwise, including any data, questions, comments, suggestions, or the
like, is and will be treated as, non-confidential and non-proprietary ("User
Material"). Subject to our Privacy Policy, User Material may be used for any
purpose by us or our affiliates, including, but not limited to, reproduction,
disclosure, transmission, publication,
oadcast and posting. Furthermore, any
ideas, concepts, know-how or techniques contained in any User Material you
provide will become our sole property and, accordingly, may be used by us or our
affiliates for any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products and/or services, without any additional
compensation to you.
WE ARE NOT RESPONSIBLE FOR USER MATERIAL. WE RESERVE THE RIGHT TO REMOVE ANY
USER MATERIAL POSTED ON OR TRANSMITTED TO THIS SITE THAT WE DETERMINE, IN OUR
SOLE DISCRETION, VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS
OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE. IF YOU ARE AWARE OF ANY MATERIAL
ON THIS WEB SITE WHICH INFRINGES THE COPYRIGHT, TRADEMARK, PATENT, OR ANY OTHER
RIGHT OF ANY PERSON, PLEASE NOTIFY US IMMEDIATELY.
H. Export Restrictions
No software on the Site may be downloaded or otherwise exported or
re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria or any other country to which the U.S. has embargoed goods;
or (b) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using any software on the Site, you represent and warrant
that you are not located in, under the control of, or a national or resident of
any such country or on any such list. You acknowledge that the software, and any
accompanying documentation or technical information, is subject to applicable
export control laws and regulations of the United States. You agree not to
export or re-export the software, directly or indirectly, to any countries that
are subject to United States export restrictions.
III. Ownership of Rights
Your use of this Site constitutes acknowledgement and agreement that the Site
and its contents (other than User Material which is defined in Section II.G.
above): (a) constitute copyrighted material proprietary to us or our licensors;
and (b) contain proprietary and confidential information, copyrighted material,
trademarks, trade names, service marks, patents and other intellectual property
rights owned by us or our licensors protected by applicable local, state,
federal and international laws. Accordingly, you may not sell, assign, license,
sublicense, publish, modify, create derivative works from, reverse engineer,
reverse assemble, attempt to discover source code, or otherwise exploit or
transfer any right in the Site or any portions thereof without our express prior
written permission or that of our licensors. You may not reproduce or
redistribute the Site except that you may download one copy for your personal,
non-commercial home use only, provided you keep all copyright and other
proprietary notices intact. Nothing contained in this Site should be construed
as granting, by implication, estoppel or otherwise, any license or right to use
any of its content other than expressly stated in the Terms. You are advised the
intellectual property rights in and to the Site will be enforced aggressively to
the fullest extent of the law, including the pursuit of criminal prosecution
where appropriate.
IV. Disclosures
A. Rules for Games, Contests and Tournaments
Your participation in any contest or tournament on the Site is subject to the
applicable rules found on the "Contest Rules" section of the Site, which we may
amend from time to time in our sole discretion. Any questions or comments
regarding the same should be sent to our customer support team at customerservice@MarketZAR.com
B. Odds and Prizes
As the outcome of the contests and tournaments offered on the Site are
directly related to the amount of trading and skill level of the participants,
we cannot assess an individual's odds of winning. Available prizes are cash
prizes. In cash prize contests or tournaments, the amount of the cash prize will
be disclosed at the outset of the contest or tournament. In the case of any
progressive tournament with a cash prize, the cash prize will be conditional on
and subject to the number of participants in the tournament; the exact amount of
the cash prize will not be available until the contest or tournament closes.
Cash prizes should be distributed within five business days of a contest's or
tournament's conclusion. Except where otherwise noted, in all contests or
tournaments with actual cash license fees, we retain a portion of the aggregate
total as a management fee. We may choose to waive any management fees in respect
of any guest competitions without cash license fees paid out-of-pocket by the
participants.
C. Determination of Winners
Winners of the contests and tournaments held on the Site will be determined
by us according to the applicable rules (referred to above) and any scoring
processes detailed on the Site and defined by us, in our sole discretion. By
participating in any such contest or tournament, you agree to be bound by our
determination.
D. Leader Board and High Scores Tables
At the conclusion of each contest or tournament held on the Site, we will
list the public nicknames of the top MarketZAR traders. We also regularly update
the Site's various winning trader tables.
E. Special Programs and Policies
From time to time, we offer certain incentive programs and policies to users
of our Site, including our "ZarPoints Policy". Details about this policy and
about special programs will be available on the site when they are developed. We
reserve the right to change or cancel any of these programs and policies at our
sole discretion.
V. Legal Risk Management
A. Representations and Warranties / Disclaimer
THE SITE AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE AND OUR
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT
WARRANT THAT YOUR USE OF THE SITE (IN WHOLE OR IN PART) WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE
SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR
OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT
NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME
ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON.
NO OPINION, ADVICE OR STATEMENT BY US OR OUR AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE IN ANY PART OF
THE SITE SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN
RISK.
B. Specific Disclaimers Relating to the Internet
Players must understand and accept the risk of internet disconnections as
they can and do occur. There are many third party managed networks connecting
your location to MarketZAR. Each is a potential point of occasional failure. We
use commercially reasonable efforts we deem appropriate (including employing
security protocols and encryption methods) to remedy and avoid such events, but
cannot guarantee that such events will not occur. While we attempt to ensure the
integrity and security of the Site, given the nature of the Internet, we can
make no guarantees regarding the same.
Accordingly, we disclaim any and all liability resulting from or relating to
such events, including any liability to pay any prizes for unfinished contests
or tournaments held on the Site. By using the Site, you acknowledge and agree
that we are not responsible for (a) any damage, loss or injury resulting from
hacking, tampering or other unauthorized access or use of the Site or your user
account, or (b) any unauthorized use of your credit card or other method of
payment by a third party in connection with the Site.
In addition, the Site may contain links to other Internet web sites which we
may or may not own or operate. We have not reviewed all of the web sites that
may be linked to the Site, and we have no control over such sites. The fact that
we offer such links does not indicate any approval or endorsement of any
material contained therein. We provide these links to you only as a convenience.
We are not responsible for the content or use of such sites. It is your sole
responsibility to take precautions to ensure that whatever links you select or
software you download (whether from the Site or other sites) is free of such
items as viruses, worms, trojan horses, defects, date bombs, time bombs and
other items of a destructive nature.
C. Limitation of Liability
NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR
SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS
OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER, DAMAGES FOR LOSS OF
BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, ANY
LINKED WEB SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY LINKED WEB SITE IS TO STOP USING
THE SITE OR LINKED WEB SITE, AS APPLICABLE. OUR SOLE AND EXCLUSIVE MAXIMUM
LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE
TOTAL AMOUNT PAID TO US BY YOU, IF ANY, TO ACCESS THE SITE.
IN RESPECT OF UK RESIDENTS ONLY, NOTHING IN THESE RULES OR ANY OTHER TERMS
AND CONDITIONS SHALL LIMIT OR EXCLUDE MARKETZAR'S LIABILITY FOR PERSONAL INJURY
AND/OR DEATH CAUSED BY ITS NEGLIGENCE.
D. Indemnification
You hereby agree to indemnify, defend and hold us, our affiliates, licensors,
suppliers, advertisers and sponsors, and our and their directors, officers,
employees, consultants, agents and other representatives, harmless from and
against any and all claims, damages, losses, costs (including reasonable
attorneys' fees) and other expenses that arise directly or indirectly out of or
from: (a) your
each of the Terms, including any violation of the User Code of
Conduct above; (b) any allegation that any submissions or other materials you
submit to us or transmit to the Site are libelous, invade another person's
privacy, or infringe or otherwise violate the copyright, trademark, trade secret
or other intellectual property rights of a third party; (c) unauthorized use of
your account or your account information; and/or (d) your activities in
connection with the Site.
E. Claims of Copyright Infringement: Digital Millennium Copyright Act of 1998
(U.S.A.)
The Digital Millennium Copyright Act of 1998 (U.S.A.) provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law.
If you believe, in good faith, that materials on the Site infringe your
copyright, you (or your agent) may send us a notice requesting that the material
be removed, or access to it blocked. The notice must include the following
information: (a) a physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if
multiple copyrighted works located on the Site are covered by a single
notification, a representative list of such works); (c) identification of the
material that is claimed to be infringing or the subject of infringing activity,
and information reasonably sufficient to allow us to locate the material on the
Site; (d) the name, address, telephone number and email address (if available)
of the complaining party; (e) a statement that the complaining party has a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law; and (f) a statement
that the information in the notification is accurate and, under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed. If you believe in good faith
that we have wrongly filed a notice of copyright infringement against you, you
may send us a counter-notice under the Act. Notices and counter-notices must
meet the then-current statutory requirements imposed by the Act. See http://www.loc.gov/copyright/ for
details.
Notices and counter-notices under the Act with respect to the Site should be
sent to us at:
MarketZAR
3812 Cedar Heights Drive
Cedar Falls, IA
50613
Phone: 800.822.7752
Attn: MarketZAR Account Services Email: info@marketzar.com
We suggest that you consult your legal advisor before filing a notice or
counter-notice as there can be penalties for false claims under the Act.