Website Terms of Service
These Terms do not govern the use of Mariana Tek’s products, applications, or services (together, the “Services”). If you are accessing or using the Services then you are subject to Mariana Tek's Master Services Agreement or such other written contract as may be separately agreed and signed between you and Mariana Tek.
Mariana Tek Content
The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Mariana Tek or its licensors (“Mariana Tek Content”). The Site (including the Mariana Tek Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Mariana Tek, Mariana Tek owns and retains all rights in the Sites and the Mariana Tek Content. Mariana Tek hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Mariana Tek Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Sites. Except as expressly permitted by Mariana Tek in these Terms or on the Sites, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Mariana Tek Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Mariana Tek Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Mariana Tek Content.
The trademarks, logos and service marks (“Marks”) displayed on the Sites are the property of Mariana Tek or other third parties. You are not permitted to use these Marks without the prior written consent of Mariana Tek or such third party.
The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Mariana Tek, and you do so at your own risk. Mariana Tek is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Sites does not imply approval or endorsement of such Third-Party Service. Mariana Tek is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Sites.
Compliance with Laws
You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Sites (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export or otherwise deliver any Mariana Tek software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Mariana Tek software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.
Mariana Tek controls the Sites from its Washington, DC, USA offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Mariana Tek makes no representation that the products and services referenced herein are appropriate, or available, worldwide.
You agree to defend, indemnify and hold harmless Mariana Tek, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Sites, breach of these Terms (including any Mariana Tek policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Sites, or otherwise transfer, process, use or store in connection with the Sites.
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY MARIANA TEK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MARIANA TEK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER MARIANA TEK'S CONTROL.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL MARIANA TEK, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL MARIANA TEK'S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Responsibility for End Users
You are responsible for violations of these Terms by anyone using the Sites with your permission or using your account on an unauthorized basis. Your use of the Sites to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms apply to anyone accessing or using the Sites; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Sites, even if such person did not themselves violate the provision.
Mariana Tek may, from time to time, post employment opportunities on the Sites and/or invite users to submit resumes to Mariana Tek. If you choose to submit your name, contact information, resume and/or other personal information to Mariana Tek in response to such employment listings, you are authorizing Mariana Tek to use this information for all lawful and legitimate hiring, employment and other business purposes. Mariana Tek also reserves the right, at its discretion, to forward such information to Mariana Tek's affiliates for their legitimate business purposes. Nothing in these Terms or contained on the Sites will constitute a promise by Mariana Tek to review any such information, or to contact, interview or employ any individual who submits such information.
Digital Millennium Copyright Act.
- The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Sites infringes your copyright, please send (or have your agent send) to Mariana Tek's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Mariana Tek to locate the material on the Sites (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Mariana Tek to contact you, including an address, telephone number and, if available, an email address; (d) the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”; (e) the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and (f) your physical or electronic signature.
- To file a counter notification with Mariana Tek, please provide the following information to Mariana Tek's Copyright Agent: (a) a description of the material that Mariana Tek has removed or to which Mariana Tek has disabled access; (b) information reasonably sufficient to permit Mariana Tek to contact you, including an address, telephone number and, if available, an email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Southern District of New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person; (c) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and (d) your physical or electronic signature.
- Mariana Tek's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Mariana Tek, Inc., Attn: Legal, 1717 K St NW, Suite 1100, Washington, DC 20006. Mariana Tek's Copyright Agent for notification of claimed infringement can also be reached electronically at: firstname.lastname@example.org. Mariana Tek reserves the right to terminate infringers' and suspected infringers' access to or use of the Sites.