Terms of use
Last updated: Jun 28, 2024
The following terms of use (“Terms of Use”) apply to your use of services operated by Mars Markets Corp. (the “Services”), together with its affiliates and subsidiaries (“Mars,” “Company,” “we,” “us,” or “our”). By accessing or using our web site at https://www.marsmarkets.com/ including subdomain(s) thereof (the “Site”) and/or our corresponding mobile app(s) (collectively, “Platform”), you signify that you have read, understand, and agree to be bound by these Terms of Use, regardless of whether you are a registered user of the Services.
In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of the Services or transactions entered into by you while using the Services. If there is any contradiction between these Terms of Use and another agreement you enter into applicable to specific aspects of the Services, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As used herein, “User” or “Users” means anyone who accesses and/or uses the Platform, and/or anyone who owns securities that were initially listed on the Platform.
Changes to these Terms of Use
We may make changes to these Terms from time to time in our sole discretion. If we do this, we will post the changed Terms on the Platform and will indicate at the top of this page the date the Terms were last revised. You understand and agree that your continued use of the Services or the Platform after we have made any such changes constitutes your acceptance of the new terms.
No Investment Advice or Recommendations
Notwithstanding anything to the contrary herein, in no event shall anything in these Terms of Use be deemed to be a waiver, and we will not assert there has been a waiver, that would not be permissible under Section 14 of the Securities Act of 1933, (the “Securities Act”) Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
We do not make recommendations or offer investment advice of any kind. As a self-directed investor, you are solely responsible for evaluating the merits and risks associated with the use of any content provided through the Site before making any investment decision. Although the Site may provide data, information or content provided by other parties relating to investment strategies and opportunities to buy or sell securities, such is not tax, legal, financial, or investment advice, and you agree not to hold us liable for any possible claim for damages arising from any self-directed investment decision. Any decision to invest is solely yours after your consideration of the risks involving that investment. You agree to review and evaluate the investments yourself, including conducting your own due diligence. These investments involve high risk, and you should not invest unless you have no need for liquidity and can bear the risk of losing your entire investment. Risks include absence of a public market for these securities, lack of an operating history, limited transferability and lack of liquidity, and lack of diversification in investments offered.
Interests in securities offerings appearing on the Platform are presented by means of formal offering documents, including Regulation A offering circulars and Rule 506 Private Placement offering memoranda or other disclosure documents (collectively “Offering Documents”). Offering Documents contain complete information on the risks of the investment, fees and expenses, and other material facts, and should be read carefully before investing.
Nothing on the Platform should be considered a solicitation, a securities recommendation, investment advice or an offer to buy or sell any security. Any materials provided through the Platform are intended to be general in nature and are no substitute for your detailed review of the Offering Documents before investing. You acknowledge and agree that you are solely responsible for your investment decisions. You accept all risks associated with your investment decisions.
The information contained on the Platform has been prepared by Mars without reference to any particular User's investment requirements or financial situation, and potential investors are encouraged to consult with professional tax, legal and financial advisors before making any investment.
Eligibility
The Platform is intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Platform by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Services or the Platform, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by these Terms in their entirety. If you violate any of these Terms, or otherwise violate an agreement between you and us, Mars may delete your profile and any information that you have provided to access the Platform and/or prohibit you from using or accessing the Service or the Platform (or any portion, aspect or feature of the Services or the Platform), at any time in its sole discretion, with or without notice.
Registration Data
In consideration of your use of the Platform, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Platform or otherwise requested by Mars (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Mars, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Platform Content & Limited License
All content on the Platform, including but not limited to designs, text, graphics, pictures, video, information (including, without limitation, data aggregated and compiled by us regarding total returns and median annual returns of artists, artist markets and specific songs), software, music, videos, sound and other files, and their selection and arrangement (the "Platform Content"), are the proprietary property of Mars with all rights reserved, except the copyright to certain images or videos appearing on the Platform may belong to third-parties and we are using such images as a fair and permissible use and/or with the appropriate license and/or consent of the copyright holder.
No Platform Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except as follows. Notwithstanding the previous sentence, provided that you are eligible for use of the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Platform Content solely for your use in connection with your use of the Platform or Services, provided that you keep all copyright or other proprietary notices intact. You may not republish Platform Content or incorporate the information in any other database or compilation, and any other use of the Platform Content is strictly prohibited.
Any use of the Platform or the Platform Content other than as specifically authorized herein, without the prior written permission of Mars, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights (including but not limited to trademark and copyright) of Mars or any artists represented on the Platform, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause. We reserve all rights not expressly granted to you in and to the Services, Platform Content, and any proprietary marks.
Restrictions on Data Collection/Termination
Without our prior consent, you may not:
- Use any automated means to access the Platform or collect any information from the Platform (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
- Frame the Platform, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of Platform;
- Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining and/or using content or other information from the Platform; or
- Use the Platform in any manner that violates applicable law or that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of this Site.
We may terminate or disable your access to, or use of, the Platform and the Services for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of these Terms of Use.
Trademarks
The name “Mars Markets” and other service names, graphics, logos, designs, page headers, button icons, and scripts on the Platform are trademarks or trade dress of the Company in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior express written permission of Mars.
User Representations
You represent, warrant, and agree that no materials of any kind submitted, posted, or shared by you through the Platform or Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Services or the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Platform or for any other purpose. You further agree that you may not use the Services in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Platform. In addition, you agree not to use the Services or the Platform to:
- Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
- Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law;
- Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity, except where expressly authorized by Mars in writing;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, transmit, share, store or otherwise make publicly available on the Site or Platform any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Upload, post, transmit, share, or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Use any information obtained from the Platform or Services in order to harass, abuse, or harm another person.
- Circumvent, disable, or otherwise interfere with security-related features of the Platform or Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform or Services and/or the content contained therein.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Mars, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose Mars or its Users to any harm or liability of any type.
- Use or attempt to use another’s account, service, or system without authorization from that person and from Mars;
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its Users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements, or other content that you upload, publish, provide or display (hereinafter, “post”) on or through the Platform, or transmit to or share with other Users (collectively the “User Content”). It is against the Terms of Use to contact Users directly or to attempt to enter into any transactions with Users outside of the Services. You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that, in the sole judgment of the Company, violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.
By posting User Content to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.
Copyright Complaints
If you believe that any material on the Platform infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Attention: Designated Copyright Agent
Mars Markets Corp.
PO Box 299
Alpine, NJ 07620
Email: DesignatedAgent@marsmarkets.com
To meet the notice requirements under the Digital Millennium Copyright Act (“DMCA”), the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Mars has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, the accounts of Users who are deemed to be repeat infringers. Mars may also at its sole discretion limit access to the Platform and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Other Web Sites and Content
The Platform contains (or you may be sent through the Platform or the Services) links to other web sites (“Third-Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Platform or Services, or any Third-Party Content posted on the Platform or Services, including without limitation the content, accuracy, offensiveness, opinions, reliability, or policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform or Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or Services or relating to any applications you use or install from the Platform or Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold Mars blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Privacy
Please review our Privacy Policy (marsmarkets.com/privacypolicy), which also governs your use of the Site and the Service, to understand our practices.
Term and Termination
These Terms shall remain in full force and effect while you use the Platform or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM AND / OR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Platform and Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform or Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform or Services.
We cannot guarantee the Platform or the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform and Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform and Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform and Services during any downtime or discontinuance of the Platform and Services. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or the Services or to supply any corrections, updates, or releases in connection therewith.
Disclaimer
THE PLATFORM AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM AND SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE PLATFORM AND SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM AND SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM OR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold Mars harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Platform or Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platform or Services with whom you connected via the Platform or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
We will maintain certain data that you transmit to the Platform and Services for the purpose of managing the performance of the Platform and Services, as well as data relating to your use of the Platform and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform and Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Governing Law and Jurisdiction
These Terms of Use, and your use of the Platform and/or the Services, are governed by and construed in accordance with the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. Unless a dispute is governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of New York, N.Y. This is the case whether you reside or transact business with us in New York or elsewhere. If any part of the Terms of Use are unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Dispute Resolution
In the event of any claim, controversy or alleged dispute between you and us ("Dispute"), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding.
If you become an investment account holder of Ahana Markets LLC. and agree to a FINRA arbitration pre-dispute arbitration agreement in accordance with FINRA Rule 2268, such FINRA pre-dispute arbitration agreement will govern any dispute arising from your customer relationship with Ahana Markets LLC. and its agents.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Platform or the Services (“Submissions”), provided by you to Mars are non-confidential and shall become the sole property of the Company. Mars shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
No Waiver
The failure of Mars to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.