Terms and Conditions of Use
Updated as of July, 2012
INTELLECTUAL PROPERTY OWNERSHIP
Except as specifically stated, all content and otherwise protectable features of the Websites, including but not limited to any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Websites, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Websites (the “Content”) are owned by Mercury or used with permission or under license from a third party (the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Mercury and you, all right, title and interest in and to the Content will at all times remain with Mercury and/or the Owners. “Mercury Payment Systems,” the “Mercury Payment Systems” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Mercury.
LIMITED LICENSE; RESTRICTIONS ON USE
COPYRIGHT INFRINGEMENT POLICY
You shall not use the Websites to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of Mercury or any third party. Mercury reserves the right, but not the obligation, to terminate your license to use the Websites if it determines in its sole and absolute discretion that you are involved in infringing or other harmful activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Mercury is committed to respecting and protecting the legal rights of copyright owners. As such, Mercury adheres to the following notice and take down policy, in compliance with Section 512(c)(3) of the Digital Millennium Copyright Act (17 U.S.C. § 512 et seq.) (the “DMCA”). Further, in accordance with Section 230 of the Communications Decency Act (47 U.S.C. § 230) (the “CDA”), Mercury may, in its sole discretion, remove any material that it believes to be defamatory from its systems, including if it becomes aware of such material as a result of information contained in a notice provided pursuant to its DMCA takedown policy. Please note, however, that in electing to do so, Mercury is exercising its rights under the so-called “Good Samaritan” provision of Section 230 of the CDA and is in no way waiving its rights to any protections, rights or immunities provided by the remainder of the CDA or any other Federal or State law.
All claims of alleged infringement or defamation must be submitted to Mercury in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement to the following address: Mercury Payment Systems, LLC, Attention: Corporate Compliance, 10 Burnett Court, Suite 300, Durango, CO 81301; email Legal@MercuryPay.com. In addition, any such notice must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit Mercury to contact you, such as your address, telephone number, and/or electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law or that the material is defamatory and why; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
MODIFICATIONS AND UPDATES
FURTHER RESTRICTIONS ON USE
Linking to Mercury’s Websites from another website (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, Mercury’s content. A Linking Site shall not create a frame, browser or border environment to Mercury’s content and a Linking Site shall not imply that Mercury is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with Mercury’s, shall not provide false information about Mercury products or services, and shall not unlawfully use the copyrights or trademarks owned by Mercury or others. Linking Sites shall abide by any and all applicable laws.
ACCESS TO MERCURYVIEW
In order to use certain features of the Websites accessible through MercuryView, you will need a User Name and Password. You may never use another’s User Name and Password without permission.
ACCESS BY CHILDREN
The Websites are not designed for or directed to children under the age of 13 and we ask that children under the age of 13 not submit any personally identifiable information. If you believe a child under the age of 13 has provided personal information to Mercury, please contact our designated DMCA agent immediately.
THE CONTENT AND ALL OTHER INFORMATION AND MATERIALS CONTAINED IN THE WEBSITES, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. MERCURY DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITES COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. MERCURY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITES. MERCURY DOES NOT WARRANT THAT THE WEBSITES ARE COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE CONTENT IS FREE FROM ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED FILES, OR THAT THE WEBSITES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. MERCURY IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN MERCURY HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MERCURY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
LIMITATION OF LIABILITY
RELEASE AND INDEMNIFICATION