statementofuse

Terms of Use
Please make sure that you read these Terms of Use carefully before using this site. These Terms of Use apply throughout this web site and all related sites owned by Martians Incorporated©. By using this site, you acknowledge your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Martians Incorporated© reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time and your continued use of the Martians Incorporated© site following the posting of changes to these terms will mean you accept those changes.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Martians Incorporated© Material from the Martians Incorporated© site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express written permission. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, MATERIAL FROM THE MARTIANS INCORPORATED© SITE MAY NOT BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY. Modification of the materials or use of the materials for any other purpose is a violation of the Copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other Web Site or networked computer environment is prohibited.

Martians Incorporated© hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any material and/or software that you may download from this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material") provided, however, that you must maintain all copyright and other notices (including urls) contained in such Downloaded Material. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from Martians Incorporated© or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material.

LINKED SITES
Martians Incorporated©, whether or not affiliated with sites that may be linked to this site, is not responsible for their content (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.

DISCLAIMER
The materials in the Martians Incorporated© site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Martians Incorporated© disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Martians Incorporated© does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Martians Incorporated© site or the server that makes them available are free of viruses or other harmful components. Martians Incorporated© does not warrant or make any representations regarding the use or the results of the use of the materials in the Martians Incorporated© site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Martians Incorporated©) 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. The information and opinions expressed in Message Boards, or other forums conducted on this site (“Forums”) are not necessarily those of Martians Incorporated© or its affiliated or related entities or content providers and Martians Incorporated© makes no representations or warranties regarding that information or those opinions. Furthermore, neither Martians Incorporated© nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the Martians Incorporated© site.

SUBMISSIONS
Although we welcome your comments, Martians Incorporated© does not accept unsolicited submissions or ideas for its toys, web sites and other products. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Martians Incorporated© might seem to others to be similar to their own creative ideas, suggestions or materials. Therefore, please do not make any such unsolicited submissions or ideas to Martians Incorporated© through this web site or otherwise. We will not review any such submissions, and we cannot guarantee that we will respond to your comments or messages. If at our request you send a submission (for example, requested personal opinions), or if despite our request that you not send unsolicited submissions you send such submission, or if you transmit to the Web Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like, such submission will not be treated as confidential. Subject only to our Privacy Policy, none of the information you submit to the Web Site shall be subject to any obligation of confidence on the part of Martians Incorporated© and we will not be liable for any use or disclosure. Thus, you give up any claim that any use of such material violates any of your rights, including, but not limited to, moral rights, privacy rights, proprietary or other property rights, publicity rights, and right to credit for the material or ideas contained therein. Martians Incorporated© shall have the right, throughout the universe, in perpetuity, without any compensation or credit to you, to use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute the submission or incorporate the submission into any form, medium or technology now known or later developed. By submitting materials to the web site or to Martians Incorporated©, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy. You agree and understand that Martians Incorporated© is not obligated to use your submission and you have no rights to compel such use.

RULES FOR MESSAGE BOARDS
Martians Incorporated© is not responsible for any material posted on the Bulletin Boards, Chat Rooms, or other forums conducted on this site ("Forums"). You shall not upload, transmit, distribute or otherwise publish through such Forums any content which:

a) libels, defames, invades privacy or is obscene, pornographic, abusive, or threatening;
b) infringes any intellectual property right or any other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks;
c) violates any law;
d) advocates illegal activity; or
e) advertises or otherwise solicits funds or is a solicitation for goods or services. (collectively "Non-Approved Material").

You agree to indemnify Martians Incorporated© for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of Non-Approved Material or your failure to comply with these Terms of Use. While Martians Incorporated© does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, Martians Incorporated© reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

Martians Incorporated© will fully cooperate with any law enforcement authorities or court order requesting or directing Martians Incorporated© to disclose the identity of anyone posting any such e-mails or materials.

JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in Martians Incorporated© site are presented solely for the purpose of providing services or other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Martians Incorporated© from its offices within the State of California, United States of America. Martians Incorporated© makes no representation that materials on the Martians Incorporated© site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from this site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Martians Incorporated© bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the State or Federal Courts located in the County of Los Angeles, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Martians Incorporated©.

DENIAL OF ACCESS
Martians Incorporated©, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Martians Incorporated© site (a “Denial”). The sending of an e-mail notice by Martians Incorporated© to any e-mail address used by the person who is the subject of a Denial shall constitute complete and sufficient notice of the Denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access any part of the Martians Incorporated© site upon issuance to you of a Denial. If you do not so cease and desist, you hereby consent to an injunction, to be entered against you by a court of competent jurisdiction as provided in these Terms of Use, permanently restraining you from attempting to access the Martians Incorporated© web site.

DIGITAL MILLENNIUM COPYRIGHT ACT
The Online Copyright Infringement Liability Limitation Act, 17 U.S.C. § 512 (a part of the Digital Millennium Copyright Act), permits a service provider to designate an agent to receive notification of certain claimed infringements of copyright. Martians Incorporated has accordingly designated such an agent and, in doing so, provided the following information to the United States Copyright Office.
• Full Legal Name of Service Provider: Martians Incorporated
• Alternative Names of Service Provider: mgae.com
• Address of Service Provider: 16730 Schoenborn Street, North Hills, CA. 91343
• Name of Agent Designated to Receive Notification of Claimed Infringement: Mitchell Kamarck
• Full Address of Designated Agent to which Notification Should be Sent: 16730 Schoenborn Street, North Hills, CA. 91343
• Telephone Number of Designated Agent: 818-894-2525
• Facsimile Number of Designated Agent: 818-895-0771
• Email Address of Designated Agent: infringement@mgae.com
The United States Copyright Office’s Directory of Service Provider Agents for Notification of Claims of Infringement may be consulted at: http://www.loc.gov/copyright/onlinesp/list/index.html