Terms and Conditions
The Site is provided on an “as is” and “as available” basis and in particular we do not warrant that:
1.the Site will continue to be available to you in either its current format or from its current domain name;
2.the Site or any software available from the Site will be free from viruses or defects;
We shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Site, or your inability to use the Site.
Marathon Handbook makes no representations about the accuracy, reliability, fullness, or timeliness of the Web Site or Material. The use of the Web Site and the Material is at your own risk. You acknowledge and agree that you are solely responsible for the content and accuracy of any personal profile or material contained within and placed by you on the Web Site.
All our downloadable material is carefully checked for viruses before being uploaded onto the site, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive.
Use of the Web Site
- not to use the Material for any unlawful purpose;
- that you shall not make any use of the Site so that the Site is interrupted, damaged, rendered less efficient, or the functionality of the Site is in any way impaired; in particular that you shall not run any automated scripts on any part of the site without our express authorisation.
- not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
- not to use the Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
- that you shall not use the Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and
- that in the event that you may have any right, claim or action against any other user arising out of the use of the Site you shall pursue such right, claim or action independently of, and without recourse to, us.
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Marathon Handbook , unless you have been specifically allowed to do so in a separate, written agreement with Marathon Handbook. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Marathon Handbook , you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose.
You agree that you shall not transmit or upload to or through the Site any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software that is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
◦imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
- Conduct or forward pyramid schemes or similar programs.
- Transmit content that may be harmful to minors.
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
- Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.
- Violate the legal rights (such as rights of privacy and publicity) of others.
- Promote or encourage illegal activity.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
- Bypass any limitations or suspensions of functionality.
- Provide false information.
The design, images and content of the Site are, unless otherwise stated, the property of Marathon Handbook.
The Material provided on the Site is solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the Site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the Site.
No part of the Site can be reproduced, transmitted to or stored on any other web site or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third party’s web site without our prior written consent.
Links to other Sites
Any web sites to which you link through the Site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the Site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such web sites. Any access to the linked sites will be done so at your own risk.
In addition,Marathon Handbook may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Marathon Handbook.
We accept no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, this Site, nor do we endorse any of those organisations or any of their products or services. Should you decide to enter into a contract with any of these organisations, the contract will be directly between you and the relevant organisation. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organisations.
Please note that, although these organisations have attempted to ensure that any information or prices provided through the Site are as accurate as possible, they are not legally binding in any way.
License to User Content and Feedback
Only to the extent permitted by law, if you post content or submit material toMarathon Handbook , including photographs or material you submit, you grant Marathon Handbook a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Marathon Handbook website or its publisher partners, maintaining the Marathon Handbook website and promoting Marathon Handbook without restriction.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Marathon Handbook and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Marathon Handbook to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Marathon Handbook for more details.
At your discretion, you may provide feedback and related materials to Marathon Handbook concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Marathon Handbook a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Marathon Handbook may disclose any or all Feedback to any third party in any manner, and you agree that Marathon Handbook may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Marathon Handbook under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Marathon Handbook does not waive any rights to use similar or related ideas previously known to Marathon Handbook or developed by its employees, or obtained from sources other than you.
Law and Jurisdiction