Terms and Conditions
1. Limitations on Use: This Website is owned and operated by Memphis Flea Market and/or its affiliate (the "Company") and is for the user’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services ("Materials") obtained from this Website, except that the user may view the Website content in its present form and the user may download on any single computer one (1) copy of the Materials for personal, noncommercial home use, provided user keeps intact all copyright, trademark and other proprietary notices. The use of any Materials on any other Website or networked computer environment is expressly prohibited. The user recognizes that unauthorized use of this Website content may subject user to civil or criminal liability.
2. The Materials and this Website are the property of the Company or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by the Company to protect its contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on this Website, this Website is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained in this website. Permission to use the copyrighted content of this Website for commercial purposes must be obtained through the prior written consent of the Company. The Company may withhold its consent for use of the copyrighted content for commercial purposes and will strictly enforce its intellectual property rights under the copyright laws.
3. This Website is protected under United States trademark law. The trademarks, trade names, logos, service marks, product names and company names (the "trademarks") appearing on this Website are registered and unregistered trademarks of the Company. All other trademarks, logos, service marks, product names and company names on this Website are the property of their respective owners. Under no circumstances should anything appearing on this Website be construed as granting by implication, estoppel or otherwise any form of license or authorization to use, reproduce or distribute the trademarks displayed on this Website. Licenses to use trademarks appearing on this Website may be obtained through the Company’s prior written consent. However, the Company may withhold its consent. Misuse of trademarks or any Materials comprising this Website is strictly prohibited. By using this Website, you agree to abide by any and all trademark and service mark notices, information or restrictions contained on this Website. Any copied or downloaded content must retain all trademark and service mark notices. The Company will strictly enforce its intellectual property rights under the trademark laws.
4. The Materials published on this Website may include inaccuracies or typographical errors. The Company does not warrant or make any representations regarding the use or the results of the use of the Materials in this Website in terms of their correctness, completeness, accuracy, timeliness, reliability or otherwise.
5. The Company makes no representations or warranties about the Website or the suitability of the Materials contained on this Website for any purpose. THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN "AS-IS" BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF TITLE, NO WARRANTY OF NON-INFRINGEMENT AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE MATERIALS. THE COMPANY MAKES NO WARRANTY OR GUARANTY THAT THE WEBSITE OR THE MATERIALS ARE ERROR-FREE, THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM THE WEBSITE OR THE MATERIALS THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE WEBSITE OR THE MATERIALS OR ANY PORTION OF THIS WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
6. IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE OR UNAVAILABILITY OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE OR THE MATERIALS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. You agree to defend, indemnify and hold the Company and its affiliates and their respective officers, directors, equity holders, employees and agents harmless from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by the Company in connection with your violation of a third party’s rights) arising from or related to your use of this Website or your violation of these terms of service or any third party’s rights.
8. This Website may contain links to third-party websites. The links are provided solely as a convenience to you and are not an endorsement by the Company of the content contained in such third-party websites. the Company does not control or guaranty the accuracy or integrity of the content located on linked third-party websites. the Company is not responsible and assumes no liability for the information, content or software of linked third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk.
11. This agreement is only assignable by the Company.