MARKET Privacy Policy and your privacy rights

Market, Inc. (“Market,” “we,” or “us”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our Site and Service. This Privacy Policy is made part of the Market Terms of Service, available at www.Market-Ts.com (“Agreement”). Unless otherwise defined in this Privacy Policy, capitalized terms will have the meanings set forth in the Agreement.

By submitting Personal Data through the Site or Service, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy.  Your Personal Data may be processed in the country where it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.

This Privacy Policy was last revised 01/24/2011.

1. Types of Data We Collect

   We collect Personal Data and Anonymous Data from you when you visit our Site, use our Service, send us information or communications, and/or when you submit content to our Service. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.  “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons.  

   1. Data You Provide to Us.  We receive and store any information you enter on our Service or otherwise provide to us.
   2. We collect Personal Data from you, such as your [user name, password, first and last name, mailing address, e-mail address, phone number, and imported Third Party Account information], when you create an Account.
   3. If you provide us feedback or contact us via e-mail, we may collect your name and e-mail address, as well as any other content included in the e-mail or that you submit to us, in order to send you a reply.
   Data Collected Through Technology
   Our servers (which may be hosted by a third party service provider) collect information from you when you visit or use the Site or Service, such as browser type and version, operating system, platform, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and a date/time stamp for your visit.
   We may use cookies, Flash cookies, and navigational data like Uniform Resource Locators (URLs) on the Site and Service to gather information about your online activities, such as the date and time of your visit, the information for which you searched and which you viewed, and the sites you visited before and after visiting the Site or Service. We may also use a cookie and Flash cookie to save your settings and to provide customizable and personalized services (such as to hold your Account information).  A “cookie” is a small data file placed on your hard drive when you visit certain websites. A “Flash cookie” is a small data file placed on your hard drive when you visit certain websites that use Adobe Flash. You may disable cookies by adjusting the preferences settings of your browser. Consult the “Help” feature of your browser for specific instructions. To adjust Flash cookie settings, access your Flash management tools from Adobe’s web site http://get.adobe.com/flashplayer/ directly. If you choose to disable cookies or Flash cookies, some areas of our Site or Service may not work properly. Our advertisers and partners may also use their own cookies.  We do not control use of these cookies used by advertisers and partners and expressly disclaim responsibility for information collected through them.
   We use software tools such as Flash or JavaScript to collect page interaction information such as clicks, drags, and hover-overs, response times, errors, and length of visits to certain pages.
   We may use clear gifs (otherwise known as web bugs or web beacons) to gather information about your visit to the Site and Service, such as what you click on and pages and information you viewed. Additionally, be aware that advertisers and partners may also use their own clear gifs and we do not control use of these by advertisers and partners and expressly disclaim responsibility for information collected through them. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a user’s hard drive, clear gifs are embedded invisibly on web pages.
2. Public Areas.  We display your [user name and public profile information] (collectively, your “Public Profile”) when you post content through forums, comments, blogs, and other community features of the Service (collectively, “Public Areas”). Your Public Profile is available on the Service to other registered users. If you associate your name with your Public Profile, the people to whom you have revealed your name will be able to personally identify your activities on our Service.  If you use Public Areas or send emails or other messages to other users of our Service, you should be aware that any Personal Data you provide can be read, collected or used by other users of the Service and could be used to send you unsolicited messages. We are not responsible for the Personal Data you choose to submit in the Public Areas or send to other users
Use of Your Data
Generally.  In general, Personal Data you submit to us is used to provide you with a customized experience, aid us in serving you better, and to respond to your requests. We use your Personal Data to:
Facilitate the creation of and secure your Account on our network;
Identify you as a user in our system;
Provide the services and customer support you request;
Analyze request and usage patterns, diagnose problems with our server and administer our Service and Site.
Improve the quality of experience and provide you a personalized experience when you use the Service.
Send you administrative e-mail notifications, such as security or support and maintenance advisories (the e-mails we send may contain code that enables our database to track your usage of the e-mail, such as whether the e-mail was opened and/or what links (if any) were clicked);
Respond to your inquiries related to employment opportunities or other requests; and
Send you e-mail messages or postal mail informing you of our products and services and also third party products and services we believe may be of interest to you.
Disclosure of Your Data  
Except as described below, we do not share your Personal Data with third parties:
We may share your Personal Data with third party service providers under contract to perform functions on our behalf. Examples include sending postal mail or e-mail, storing data, analyzing data, performing quality assurance, providing technical support, providing marketing assistance, verifying identity, and providing customer service. These third parties may have access to your Personal Data only as needed to perform their functions.
We may share your Personal Data with any companies that acquire our company or our assets. That company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. We will notify you through the Service and Site of any change of ownership or control of your Personal Data.
While we do not have a parent company, any subsidiaries, joint ventures, or other companies under common control (collectively, “Affiliates”), we may in the future.  We may share some or all of your Personal Data with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.
We may disclose your Personal Data if we have a good faith belief that disclosure is necessary to: (1) comply with the law or with legal process served on us; (2) protect and defend the rights or property of us or our users; (3) act in an emergency to protect someone’s safety; or (4) investigate any violation or potential violation of the law, this Privacy Policy, or the Agreement.
Use and Disclosure of Anonymous Data.  We will have the right to use, and share with third parties, Anonymous Data for any purpose and in any manner. Anonymous Data includes non-personally identifiable data we create from Personal Data by excluding information that makes such data personally identifiable.
Your Choices Regarding Your Personal Data
Your Control of the Use of Your Personal Data. We may periodically send you free newsletters and emails about new services, products, or other noteworthy news, or that may contain advertisements for third parties.  When you receive newsletters or promotional communications from us, you may indicate to stop receiving further communications from us and you will have the opportunity to “opt-out” by contacting us at sales@market-ts.com.  Should you opt-out of receiving future mailings, we may share your email address with third parties to ensure that you do not receive further communications from third parties.  Despite your indicated email preferences, we may send you notices of any updates to our Agreement, Privacy Policy, or other terms for the Service.
Changes to Personal Data.  You may change any of your Personal Data in your Account by [editing your settings through the Service.]  You may request deletion of your Personal Data by us by contacting us at sales@market-ts.com, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).  When we delete any information, it will be deleted from the active database, but may remain in our archives.
Security.  We have commercially reasonable security measures in place to help protect against loss, misuse and alteration of your Personal Data in our possession.  No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Rebecca Beeson uses reasonable efforts to protect your Personal Data, Rebecca Beeson cannot guarantee its absolute security.
Contacting Market.  We welcome your comments or questions regarding this Privacy Policy.  Please e-mail us at sales@market-ts.com or contact us at the following address:
Market
Attn: Privacy Policy
1345 Howard Street
San Francisco, CA  94103

MARKET Terms of Service
These Terms of Service (“Agreement”) govern your access to and use of the website at www.Market-Ts.com (“Site”) provided by Market, Inc. (“Market,” “we,” or “us”) and the Market service (“Service”). PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICE OR SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE OR SITE.
Certain features of the Service or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features.  All such additional terms and the Market Privacy Policy www.Market-Ts.com (“Privacy Policy”) are incorporated by reference into this Agreement. Unless otherwise defined in the body of this Agreement, capitalized terms will have the meanings set forth in the Privacy Policy.
This Agreement was last revised 01/24/2011
User Accounts.  When you register for the Service, you must create a user account (“Account”). We may require that this Account be linked to your account with a third party service (“Third Party Account”), such as Facebook, in which case we will import your profile information from your Third Party Account to help create your Account and to enable you to login to the Service using your Third Party Account login credentials. We may require you to enter additional information to complete the creation of your Account. Your Third Party Account is provided by the applicable third party service, not us, and subject to that third party service’s separate terms and conditions. You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and therefore you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false personal information as part of your Account information or in connection with the Service; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access other persons’ Accounts.
User Content  
License.  By posting or submitting content to the Service (“User Content”), you hereby grant Market an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use your User Content in any manner and for any purpose. You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content.
User Guidelines.  You represent, warrant, and agree that:
you will comply with all applicable laws, including privacy laws and intellectual property laws;
you will not post inappropriate, inaccurate, or objectionable content to the Service;
you will not bully, harass or advocate harassment of another user or person;
you will not solicit passwords or Personal Data of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes;
you will not post content that contains “junk mail” or “chain letters”;
you will not post content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
you will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the Service;
you will not use the Service to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous; and
you will not promote, or upload or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not).
    If you violate the guidelines listed above, any other user guidelines posted on the Service, this Agreement, or if Market believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for Market or third parties, Market reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing such content from the Service, notifying the appropriate authorities regarding the source of such content, barring violators from accessing the Service, and terminating the Accounts of such violators.

Proprietary Rights
Use of the Service. Subject to the terms and conditions of this Agreement, Market grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial purposes during the term of this Agreement. You will not: (a) permit any third party to access or use the Service; (b) rent, lease, loan, sell, license, or transfer the Service to any third party or exploit the Service for commercial purposes; (c) interfere with, disrupt, alter, translate, or modify the Service or any part thereof, or create an undue burden on the Service or the networks or services connected to the Service; (d) reverse engineer, decompile, disassemble, or reverse compile the Service; or (e) introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Service.
Ownership.  Market and its licensors own the Service, the Site, all content (except for your User Content) contained in the foregoing, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Service, the Site, or any other content (except for your User Content) contained in the foregoing is strictly prohibited.  Market and its licensors reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement.
Feedback.  Market will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. Market reserves the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.
Third Party Websites and Services.  Our Service and Site contains links to Internet sites and services maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. This Agreement and the Market Privacy Policy only apply to our Service and Site and do not apply to any other site or service.
Availability and Modification of Service.  Market reserves the right, from time to time, to suspend, modify, or discontinue the Service or the Site, in whole or in part, with or without notice. You agree that Market will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Service or the Site, in whole or in part.
Termination.  Subject to this Section, this Agreement will remain in full force and effect while you use the Service, Site, or maintain an Account.  You may terminate your Account at any time and for any reason through the appropriate account management page on the Service, if available, or by sending an e-mail to sales@market-ts.com. Market has the right to terminate your Account, immediately effective upon sending notice to you at the email address you provide in your Account.  Upon termination of your Account by either party, your right to access and use the Service will terminate immediately.  You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or related to our termination of your Account, your access to and use of the Service, or this Agreement.  Even after this Agreement is terminated for any reason, the following provisions of this Agreement will remain in effect: Sections 3.2 and 6 through 17.
Warranty Disclaimer.  TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MARKET provides THE SERVICE and the site "AS-IS" AND AS AVAILABLE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, or statutory, INCLUDING tHE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, and NON-INFRINGEMENT. MARKET MAKES NO WARRANTY THAT THE SERVICE or the site WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. MARKET DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SERVICE or the site. MARKET DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE OR THE SITE.
Limitation of  Liability.  TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, (a) MARKET will NOT BE LIABLE FOR ANY loss of use, LOST PROFITS, or INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE or SITE or THIS AGREEMENT, EVEN IF MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. and (b) MARKET’S total cumulative LIABILITY WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL MARKET’s SUPPLIERS HAVE ANY LIABILITY UNDER OR RESULTING FROM THIS AGREEMENT.
User Indemnification.  You agree to indemnify and hold Market, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, arising out of or relating to your: (a) User Content; (b) use of the Service or Site; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of applicable laws or any of the rights of third parties.
User Disputes and Release.  You are solely responsible for your interactions with other users. Market reserves the right, but has no obligation, to monitor, or take any action Market deems appropriate regarding, disputes between you and other users.  To the extent permitted under applicable laws, you hereby release Market from any and all claims or liability related to: (a) any content posted on the Service by you or other users; or (b) the conduct, whether online or offline, of any other user.
You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Copyright Policy.  You may not post, distribute, or reproduce in any way any Market copyrighted material, trademarks, or other proprietary information unless you have the right to do so. It is Market’s policy to, in its sole discretion, terminate the Account of any user who repeatedly infringes copyright rights of Market or third parties. If you believe that your work has been copied and posted on the Service or Site in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.   At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Site or Service of the material that you claim is infringing; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Market’s Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: sales@market-ts.com or 1345 Howard St. San Francisco, CA 94013.
Disclosures.  Market is located at 1345 Howard St. San Francisco, CA 94103.  If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications.  The communications between you and Market use electronic means, whether you use the Service or Site or send us emails, or whether Market posts notices on the Service or Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Market in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Market provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Governing Law; Arbitration.  This Agreement, and any claim, dispute or controversy relating to this Agreement, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court located in San Francisco, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) Market may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
General.  The parties are independent contractors. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by Market will be effective only if in writing. Any waiver or failure by Market 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. You acknowledge that the Service and Site contains valuable trade secrets and proprietary information of Market, that any actual or threatened breach of Section 3.2 (Ownership) of this Agreement will constitute immediate, irreparable harm to Market for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. “Includes” and “including” are not limiting. This Agreement and the Privacy Policy constitute the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
Changes.  We may amend this Agreement or the Privacy Policy from time to time.  If we make material changes to the Agreement or Privacy Policy, we will notify you by posting the change on the Service or Site or sending you an e-mail at your primary email address, as specified in your Account.  Any changes to this Agreement or the Privacy Policy will be effective immediately for new users of our Service or Site; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on our Service or Site.  You are responsible at all times for updating your Account to provide to us your most current e-mail address.  If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Service or Site following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes. Except as otherwise provided in this section, no amendment to this Agreement or the Privacy Policy will be valid unless in writing hand-signed by the parties.
Trademark and Copyright Notice.  Market and other names, slogans, graphics, logos, and trade names used on the Service and Site are the trademarks of Market and may not be used without Market’s permission.  Third-party trademarks, service marks, and trade names that may appear on the Service or Site are the property of their respective owners. Copyright © 2010, Market, Inc.