TERMS AND CONDITIONS

TERMS AND CONDITIONS

This agreement (hereinafter, the “Agreement”) between Marathon Girl Shop (hereinafter, “Marathon Girl Shop”, “us” or “we”) and you sets forth the terms and conditions which govern your use of any of the Marathon Girl Shop or it’s sponsored websites (hereinafter, the “Sites”) and/or the services (hereinafter, the “Services”) thereon which are provided by Marathon Girl Shop.

USE OF SERVICE

BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT. PLEASE NOTE THESE TERMS CONTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

• Eligibility. In the event we offer any fee-based services on this Site, those fee-based services may only be used by and are limited to individuals who can form binding contracts under applicable law.
• Membership. We may request for your information to access certain areas of the site. In trying to access these areas, you must provide us with accurate and complete registration information as prompted. You must promptly notify us if any of this information changes. . If you fail to provide or update this information, we may terminate your right to access the Site. You may be asked to create a password. You must keep your password confidential. You will be responsible for all use of your password and account, including, without limitation, any use by any unauthorized third party. You must notify us if you believe your password or account has been obtained or may be accessed or used by an unauthorized person or entity. In addition, you must notify us immediately if you become aware of any breach or attempted breach of the security of the Site. We recommend that you change your password often. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be our employee as we will never ask you for your password.

LIMITED LICENSE

Original material that we post on this Site is protected by intellectual property laws. You are hereby granted a non-exclusive license to use the Pictures, articles, videos and other content on the Site (“Content”), but only while accessing this Site. You are also granted a limited license to print copies of any Content posted at this Site, but only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Site, electronic reproduction, adaptation, distribution, performance or display of the Content is prohibited. Commercial use of any of our Content is strictly prohibited. Use of our trademarks as metatags on other websites is also strictly prohibited.

PROHIBITED ACTIVITIES

In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:

• copy, attempt to distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through the Sites or the Services;
• transmit any message, information, data, text or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
• Manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology.

DMCA COMPLIANCE

If you believe that a work, product, content or image protected by a copyright which you own has been posted or stored on our Site without authorization, please contact us by sending notice of copyright infringement. We have a policy to terminate, in appropriate circumstances, the access rights of repeat infringers.

PRIVACY

We know your personal information is important to you, so it’s important to us. Our Privacy Policy explains in detail what information about you we collect and how we use the information about you that we collect. You agree to respect the privacy rights of other visitors by not publishing or harvesting email addresses obtained at this Site. Note that we do not knowingly collect information from children.

INTELLECTUAL PROPERT RIGHTS

• Copyright. All materials on the Site, including without limitation, the Site name, URL, any logos, products, other files, and the selection and organization thereof are either owned by Marathon Girl Shop. You may not use any such materials without our express written permission.
• Trademarks. The Site name, feature names, and other names or logos on the Site may be trademarks and/or registered trademarks of Marathon Girl Shop. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Marathon Girl Shop. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
• Ownership and Use. We retain ownership of all of our intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement.

TERMINATION

Marathon Girl Shop reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. Marathon Girl Shop further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.

CHANGES TO THE SITE

We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Site or any services available on the Site, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. Without limiting the foregoing, and notwithstanding anything contained in this Agreement, we will have the right from time to time to change the amount of any fees charged, or to institute new fees relating to new or existing services on the Site. Further, we may delete materials that

• Have been stored for an excessive period of time;
• are out-of-date; or
• Relate to an inactive account.

 If you do not agree with any changes to the Site, you may discontinue your use of this Site or terminate your account

DISCLAIMER OF WARRANTIES AND CONDITIONS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH MARATHON GIRL SHOP IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MARATHON GIRL SHOP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. MARATHON GIRL SHOP PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT:

• THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.

OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT MARATHON GIRL SHOP AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.

LIMITATION OF LIABILITY

IN ORDER TO PROVIDE YOU WITH ACCESS TO THIS SITE AND ANY RELATED SERVICES, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS SITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES.

TERMINATION

At its sole discretion, Marathon Girl Shop may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Marathon Girl Shop reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Marathon Girl Shop for Products purchased will remain due.

INTERNATIONAL USERS

The Services are controlled and offered by Marathon Girl Shop from its facilities in Australia. Marathon Girl Shop makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

SEVERABILITY

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties and the remaining portions shall remain in full force and effect.

WAIVER

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

ENTIRE AGREEMENT

This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.