Welcome to the user agreement (the "Agreement" or "User Agreement") for Goldliger Marketing, Inc. (the company) and its "site" at Mario Classic Games. The terms "Goldliger Marketing" and "Mario Classic Games" are used interchangeably throughout this agreement. All terms, conditions, and disclaimers pertain equally to "Goldliger Marketing" and "Mario Classic Games".
Further, the terms "we", "our", and "us" throughout this Agreement refer to both Goldliger Marketing and Mario Classic Games.
This agreement describes the terms and conditions applicable to your use of our resources and services under the domains, sub-domains and sub-directories of Mario Classic Games (the "site"), and the general principles of Goldliger Marketing. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our web-site, resources, or services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and our Privacy Policy, which include those terms and conditions expressly set out below, and those incorporated by reference, before you may become a member, affiliate or participant of Mario Classic Games.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
The insertion of headings and the division of this Agreement into Articles and Sections are for convenience reference only and are not to affect its interpretation.
We may amend this Agreement at any time by posting the amended terms on the site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the site.
General Terms of Use
Restrictions on Use of Materials
(Except where noted:) Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of Mario Classic Games or of other owners used with their permission.
You Must Be Over 18 To Agree to This Agreement and Use this Site
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
Liability
The materials in this site are provided "as is" and without warranties of any kind either express or implied. Mario Classic Games disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Mario Classic Games does not warrant that the functions contained in the materials, resources or services offered will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Mario Classic Games does not warrant or make any representations regarding the use or the results of the use of the materials, resources, or services offered by this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Mario Classic Games assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall Mario Classic Games be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Mario Classic Games or a Mario Classic Games authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Mario Classic Games's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial, medical, health, or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Mario Classic Games and such information should not be relied upon as all-inclusive or accurate.
You agree and understand that the materials made available in this site are not presented by a medical practitioner and are for educational and informational purposes only. The material is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The material is not intended to diagnose, treat, cure or prevent any disease. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read.
You agree to not misuse these materials and to not make misrepresentations about these materials to others, whether for your own use, or as an affiliate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Mario Classic Games and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by Mario Classic Games or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Mario Classic Games or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Mario Classic Games, and all information to which you have access through password-protected areas of Mario Classic Games's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to Mario Classic Games. Mario Classic Games reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from Mario Classic Games will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without Mario Classic Games's written consent in advance.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Minnesota, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Mario Classic Games and/or its affiliates' intellectual property rights, Mario Classic Games and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Minnesota, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Minnesota. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Minnesota, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Mario Classic Games site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Mario Classic Games's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Mario Classic Games site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. The destruction of materials requirement does not apply to the Resale Products and their accompanying sales pages that you obtained during your membership period.
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