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Terms and Conditions Of Use

Martian Watches and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

Privacy

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

Electronic Communications

When you visit MARTIAN WATCHES or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MARTIAN WATCHES or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Martian Watches, with copyright authorship for this collection by MARTIAN WATCHES, and protected by international copyright laws.

Trademarks

Martian, Martian Watch, Voice Command Watch, Martian Passport Watch, Martian Victory Watch, and Martian G2G Watch are trademarks of Martian Watches, in the United States and other countries. iPod, iPad, iPhone and Siri are trademarks of Apple Inc., registered in the U.S. and other countries. Android is a trademark of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned?by Bluetooth SIG, Inc. and any use of such marks by Martian Watches is under license. Other trademarks and trade names are those of their respective owners.

MARTIAN WATCHES' trademarks and trade dress may not be used in connection with any product or service that is not MARTIAN WATCHES', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MARTIAN WATCHES. All other trademarks not owned by MARTIAN WATCHES or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MARTIAN WATCHES or its subsidiaries.

License And Site Access

MARTIAN WATCHES grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MARTIAN WATCHES. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MARTIAN WATCHES. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MARTIAN WATCHES and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing MARTIAN WATCHES' name or trademarks without the express written consent of MARTIAN WATCHES. Any unauthorized use terminates the permission or license granted by MARTIAN WATCHES. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MARTIAN WATCHES so long as the link does not portray MARTIAN WATCHES, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MARTIAN WATCHES logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Membership Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. MARTIAN WATCHES and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Emails and Other Content

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MARTIAN WATCHES reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant MARTIAN WATCHES and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MARTIAN WATCHES and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify MARTIAN WATCHES or its associates for all claims resulting from content you supply. MARTIAN WATCHES has the right but not the obligation to monitor and edit or remove any activity or content. MARTIAN WATCHES takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk Of Loss

All items purchased from MARTIAN WATCHES are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

MARTIAN WATCHES and its associates attempt to be as accurate as possible. However, MARTIAN WATCHES does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MARTIAN WATCHES itself is not as described, your sole remedy is to return it in unused condition. ??DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY MARTIAN WATCHES ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARTIAN WATCHES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARTIAN WATCHES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARTIAN WATCHES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS SENT FROM MARTIAN WATCHES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARTIAN WATCHES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting MARTIAN WATCHES, you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and MARTIAN WATCHES or its associates.

Disputes

Any dispute relating in any way to your visit to MARTIAN WATCHES or to products you purchase through MARTIAN WATCHES shall be submitted to confidential arbitration in California, USA, except that, to the extent you have in any manner violated or threatened to violate MARTIAN WATCHES' intellectual property rights, MARTIAN WATCHES may seek injunctive or other appropriate relief in any state or federal court in the state of California, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to MARTIAN WATCHES. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions:

Questions regarding our Terms and Conditions of Use, Privacy Policy, or other policy-related material can be directed to our customer care team by clicking on the "Contact Us" link.

Use of Site:

You represent and warrant that you are at least 18 years old or visiting under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Typographical Errors:

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Safety, Regulatory and Legal

MARTIAN, MARTIAN WATCH, MARTIAN WATCHES, the M logo, MARTIAN Passport, MARTIAN Victory, MARTIAN G2G, and Voice Command Watch are trademarks of MARTIAN WATCHES in the United States and other countries.

Bluetooth®

The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by MARTIAN WATCHES is under license. Other trademarks and trade names are those of their respective owners.

iPod®, iPhone®, iPad®

Made for:
- iPhone 6
- iPhone 6 Plus
- iPhone 5
- iPhone 5s
- iPhone 4s
- iPhone 4
- iPhone 3GS
- iPad (3rd generation)
- iPad 2

"Made for iPod," "Made for iPhone," and "Made for iPad" mean that an electronic accessory has been designed to connect specifically to iPod, iPhone, or iPad, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, iPhone, or iPad may affect wireless performance. iPod, iPad, iPhone and Siri are trademarks of Apple Inc., registered in the U.S. and other countries.

Android™

Portions of this page are reproduced from work created and shared by the Android Open Source Project and used according to terms described in the Creative Commons 2.5 Attribution License. Android is a trademark of Google Inc.

Reading Texts While Driving:

Reading incoming texts on your MARTIAN VOICE COMMAND WATCH while driving is not recommended, and may be illegal in your state. Please refer to your state laws for further information.

Battery Use and Safety:

The following battery use and safety information applies to all MARTIAN WATCHES.

Important: Handle and store batteries properly to avoid injury or damage. Most battery issues arise from improper handling of batteries, and particularly from the continued use of damaged batteries.

  • Don't attempt to remove or change the MARTIAN VOICE COMMAND WATCH battery. This should only be done by an authorized MARTIAN WATCHES representative.
  • Don't disassemble, crush, puncture, shred, or otherwise attempt to change the form of your MARTIAN VOICE COMMAND WATCH or its battery.
  • Avoid liquids, including water. Liquids can get into your MARTIAN VOICE COMMAND WATCH circuits, leading to corrosion.
  • Keep your MARTIAN VOICE COMMAND WATCH away from heat sources. High temperatures can cause the battery to swell, leak, or malfunction.
  • Always keep the mini-USB cover closed when not in use to help keep water from getting in.
  • If your MARTIAN VOICE COMMAND WATCH gets wet, don't attempt to dry it with any heat source, such as a hair dryer or microwave oven. Allow it to dry naturally at room temperature.
  • Don't leave your MARTIAN VOICE COMMAND WATCH in your car. High temperatures may cause malfunction.
  • Avoid dropping your MARTIAN VOICE COMMAND WATCH. Dropping it can potentially cause damage.
  • Contact a MARTIAN WATCHES representative if your MARTIAN VOICE COMMAND WATCH or its battery has been damaged due to a drop, liquid exposure or high temperatures.

Warning: Use of an unauthorized battery may present a risk of explosion, fire, leakage, or other hazard.

Disposal: Dispose of your MMARTIAN VOICE COMMAND WATCH in accordance with local regulations for used batteries. Contact your local recycling center or national recycling organizations for more information on how to dispose of batteries.

Warning: Never dispose of batteries in a fire because they may explode.

Battery Charging:

Notes for charging your MARTIAN VOICE COMMAND WATCH battery:

  • During charging, keep your MARTIAN VOICE COMMAND WATCH and charging cable at room temperature for efficient battery charging.
  • When you receive your MARTIAN VOICE COMMAND WATCH, the battery is not fully charged.
  • MARTIAN WATCHES have circuitry that protects the battery from damage from overcharging; however, for longest life, remove your MARTIAN VOICE COMMAND WATCH from the charging cable as soon as the battery indicator shows "full".

Third Party Accessories:

MARTIAN WATCHES is not responsible for any third-party accessories that may impact your MARTIAN VOICE COMMAND WATCH performance, including but not limited to charging cables and power adapters. Poor quality and improper use of third-party accessories can be dangerous and may void your MARTIAN VOICE COMMAND WATCH warranty.

Children:

Keep your MARTIAN VOICE COMMAND WATCH away from small children. The MARTIAN VOICE COMMAND WATCH is not a toy and may be hazardous to small children. For example:

  • A choking hazard may exist for small, detachable parts such as the USB cover.
  • Improper use could result in loud sounds, possibly causing hearing injury.

Similar to a computer if a child does use your MARTIAN VOICE COMMAND WATCH, monitor their access to help prevent exposure to inappropriate Apps or content.

Glass Parts:

The crystal of your MARTIAN VOICE COMMAND WATCH is made of glass. This glass could break upon substantial impact. If the glass breaks, do not touch or attempt to remove. Stop using your MARTIAN VOICE COMMAND WATCH and contact a MARTIAN WATCHES representative to have the glass replaced.

Potentially Explosive Atmospheres:

Areas with potentially explosive atmospheres are often, but not always, posted and can include fueling areas, such as below decks on boats, fuel or chemical transfer or storage facilities, or areas where the air contains chemicals or particles, such as grain dust, or metal powders. When in such an area, turn off your MARTIAN VOICE COMMAND WATCH and do not remove the back cover. In such areas, sparks can occur and cause an explosion or fire.

Radio Frequency (RF) Energy:

Your MARTIAN VOICE COMMAND WATCH contains a Bluetooth transmitter and receiver. When this feature is in use, it receives and transmits RF energy. Your MARTIAN VOICE COMMAND WATCH is designed to comply with local regulatory requirements in your country concerning exposure of human beings to RF energy.

Nearly every electronic device is subject to RF energy interference from external sources if inadequately shielded, designed, or otherwise configured for RF energy compatibility. In some circumstances, your MARTIAN VOICE COMMAND WATCH may cause interference with other devices.

  • Turn off your MARTIAN VOICE COMMAND WATCH in any location where posted notices instruct you to do so.
  • In an aircraft turn off your MARTIAN VOICE COMMAND WATCH whenever instructed to do so by airline staff.
  • If you have an implantable medical device, such as a pacemaker or defibrillator, consult your physician before using MARTIAN VOICE COMMAND WATCH.

FCC Interference Statement:

This equipment has been tested and found to comply with the limits for a Class B Digital Device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

  • Reorient or relocate the receiving antenna.
  • Increase the separation between the equipment and receiver.
  • Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
  • Consult the dealer or an experienced radio/TV technician for help.

This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:

  1. 1. This device may not cause harmful interference.
  2. 2. This device must accept any interference received, including interference that may cause undesired operation.

CERTIFICATION AND COMPLIANCE

certification

Important Notice for Users of this Product in Countries Not Listed Above
This product is NOT certified as conforming to Technical Regulations of Radio Law of countries other than those listed in the table above.

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