These terms and conditions (the “Terms”) govern your use of this Marlin Developer Community (“Marlin”) website (the “Website”) and any and all information and documentation (“Materials”) that are provided to you though this Website; however, in the event that you are presented with a separate agreement as a condition to downloading any Materials from this Website or providing information to this Website the terms and conditions of that separate agreement shall govern your use of those Materials or disclosure of that information. If you do not agree with these Terms, you should immediately cease all use of this Website. You will be deemed to have consented to these Terms by any continued use of this Website.
General Use Restrictions
Any and all Materials provided on this Website have been provided by Marlin or to Marlin by third party providers (the “Third Party Providers”), as the case may be. Unless explicitly mentioned otherwise, all Materials are protected by copyright laws and international copyright treaties. All rights are expressly reserved. You have permission to view the Materials for your personal and non-commercial use provided that you agree: (1) not to remove any copyright notice identified on this Website or on any Materials, (2) not to sell or transfer the Materials for any purpose (3) not to copy or post any portion of the Materials on any network computer or broadcast in any media or any website, and (4) not to modify, distribute, transmit, license, or create derivative works of any of the Materials and (5) not to decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded Materials and printed Materials. Nothing on this Website shall be construed as conferring any license or rights under any of Marlin’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You are not permitted to use this Website for any other purpose than indicated above. Any unauthorized use of any Materials contained on this Website may violate copyright laws, patent laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Links to this Website
Marlin reserves the right to prohibit you from linking to this Website.
Links to Third Party Sites
This Website may be linked to other websites which are not under the control of and are not maintained by Marlin. Marlin is not responsible for the content of those sites. Marlin is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Marlin of those sites.
Disclaimer of Warranty
THE MATERIALS ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. MARLIN MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, INFRINGEMENT ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.
Limitation of Liability
MARLIN SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS IN NO EVENT SHALL MARLIN AND/OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS AVAILABLE FROM THE WEBSITE, WHETHER FOR BREACH OR IN TORT, EVEN IF MARLIN AND/OR THIRD PARTY PROVIDERS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD MARLIN AND/OR THIRD PARTY PROVIDERS HARMLESS FROM, AND YOU COVENANT NOT TO SUE MARLIN AND/OR THIRD PARTY PROVIDERS FOR, ANY CLAIMS BASED ON USING THE WEBSITE.
Local Laws; Export Control
Marlin controls, maintains, and operates this Website from its offices in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Any material, information or other communication you transmit or post to this Website will be considered non-confidential and non-proprietary (“Communications”). Marlin will have no obligations with respect to the Communications. Marlin will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Use of Personal Information
Information submitted to Marlin through forms on this Website are governed according to the Marlin Website Privacy Statement
User Chat Rooms
Marlin may, but is not obligated to, monitor or review any areas on the Website where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Marlin, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
This Website could include inaccuracies or typographical errors. Marlin and the Third Party Providers may make improvements and/or changes to this Website at any time without notice.
Any action related to these Terms will be governed by California law and controlling U.S. federal law and will be adjudicated in the Federal District Courts located in San Jose, California.
These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. Marlin can revise these Terms at any time without notice by updating this posting.
Marlin, the Marlin Logo, and other Marlin product names, service names, slogans or logos referenced in this Website are trademarks or registered trademarks of the Marlin Developer Community in the United States and other countries. All other company, product or service names referenced in this Website are used for identification purposes only and may be trademarks of their respective owners.