Reservation of rights and Ownership
Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of Media Monkey, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described herein. Media Monkey reserves all rights not expressly granted in and to the Website and its content.
The information presented on this Website is for informational purposes only, provided on an “as is” basis, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Although Media Monkey puts a lot of effort in keeping the information and documents on this Website accurate, complete and up to date, Media Monkey makes no representations or warranties of any kind with respect to this Website or its contents. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only.
Restrictions on Use of the Website
While accessing and using this Website, You may not:
- use any device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
- attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Media Monkey server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;
- probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Media Monkey, including any Media Monkey account not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Media Monkey’s systems or networks, or any systems or networks connected to the Website or to Media Monkey;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Media Monkey on or through the Website or any service offered on or through the Website;
- pretend that You are, or that You represent, someone else, or impersonate any other individual or entity;
- use contact information provided on the Website for unauthorized purposes, including marketing;
- use any hardware or software intended to damage or interfere, or attempt to, with the proper working of the Website or to surreptitiously intercept any system, data or Personal Information from the Website;
- interrupt, or attempt to interrupt, the operation of the Website in any way.
Media Monkey reserves the right, in its sole discretion, to limit or terminate Your access to or use of the Website at any time without notice. Termination of Your access or use will not waive or affect any other right or relief to which Media Monkey may be entitled at law or in equity.
You acknowledge that You are responsible for any material You may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Website any content that:
- is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
- may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or
- may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”
If You do submit material, and unless we indicate otherwise, You grant Media Monkey an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Media Monkey is free to use any ideas, concepts or know-how that You or individuals acting on Your behalf provide to Media Monkey. You grant Media Monkey the right to use the name You submit in connection with such material, if they so choose.
Some features that may be available on this Website require registration and/or use of a password. You are responsible for protecting Your password. You agree that You will be responsible for any and all statements made, and acts or omissions that occur, through the use of Your password. If You have any reason to believe or become aware of any loss, theft or unauthorized use of Your password, notify Media Monkey immediately.
Hyperlinks and Third Party Sites
Certain website links provided on this Website will launch Internet sites that are not under the control of Media Monkey. Media Monkey provides these outside links solely as a convenience to You and the provision of any such link is not an endorsement by Media Monkey of that site or any of the contents, products, or services contained or offered therein. Accordingly, Media Monkey makes no representations or warranties whatsoever concerning availability of or content, including sub-links, found on those sites.
Disclaimer of Warranties and Limitations of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MEDIA MONKEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE COMPLETE, CORRECT, ACCURATE, USEFUL, RELIABLE OR NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY.
IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MEDIA MONKEY NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT (INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA), PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS MEDIA MONKEY TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO MEDIA MONKEY, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MEDIA MONKEY OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If You cause a technical disruption of the Website or the systems transmitting the Website to You or others, You agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Media Monkey reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Media Monkey in the defense of such matter.
Governing Law and Jurisdiction
This Website is maintained and controlled by Media Monkey in the State of Illinois, United States of America. Media Monkey makes no representation that materials on this Website are appropriate or available for use at other locations outside of the United States and access to this Website from territories where this Website’s contents are illegal is prohibited. If You access this Website from locations outside the United States, You are responsible for compliance with all local laws. The laws of the State of Illinois shall govern the content and use of this Website, without giving effect to any of the conflict of law principles or rules thereof.