MINOMONSTERS INC TERMS AND CONDITIONS
1. DisclaimerThe Service is provided on an ‘as is’ basis. MinoMonsters makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. MinoMonsters does not warrant or make any representations concerning the quality or reliability of the Service.
2. Our service2.1 TermsThis is a contract between you and MinoMonsters. You must read and agree to this Agreement before using our Service. If you do not agree to this Agreement, you may not use our Service. You may use our Service only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, and national laws and regulations. Any use or access to our Service by anyone under the age of 13 is strictly prohibited and in violation of this Agreement. Our Service is not available to any Users we previously removed from our Service for any reason. If you have been previously removed from our Service, any attempts to access our Service without our written approval shall be considered as unauthorized access and MinoMonsters reserves the rights to pursue legal actions against you.2.2 Access and UsageSubject to your compliance with the terms and conditions of this Agreement, you may access and use our Service solely for entertainment purposes. We reserve all rights not expressly granted by this Agreement and we may terminate your access to our Service at any time for any reason or no reason.2.3 RepresentationsYou represent and warrant that you are not located in a country that is subject to an embargo by the United States, or that has been designated by the United States as a “terrorist supporting” country. You represent that you are not designated by the United States as a prohibited or restricted party.2.4 Access RestrictionsYou will not use our Service for any purpose other than as expressly set forth in Section 2.2 above. You will not disassemble, reverse engineer, decode, or decompile any part of our Service. You will not copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Service or any of our Intellectual Property. You will not use our Service in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or in any manner that otherwise may be harmful (as determined in our sole discretion) to us, our providers, our suppliers, or Users. You will not use our Service in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage. You will not identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Service under this Agreement, without our express written consent.2.5 User AccountsYour account used to access our Service (“Account”) gives you access to the services and functionality that we may establish and maintain at our sole discretion. MinoMonsters will maintain different types of Accounts for different categories of Users. By connecting to our Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You acknowledge that you do not own the Account you use to access our Service. Notwithstanding anything in this Agreement to the contrary, you agree that MinoMonsters has the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our servers and in the servers of our third-party hosting providers’ as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, Account history and Account content residing on our servers, may be deleted, altered, moved or transferred at any time for any reason in our discretion, with or without notice and with no liability of any kind. We do not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on our servers.2.6 Personal DataAs part of our Service, we will collect data, content and information that you provide to us or that is collected by us or via the Service (“Personal Data”). You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and to modify and make derivative works of any and all Personal Data in order to provide and maintain our Service for you and to improve our products and services and for our other business purposes (and any and all such derived data is deemed part of our Intellectual Property). We take no responsibility and assume no liability for any of your Personal Data. You shall be solely responsible and indemnify us for your Personal Data.2.7 Changes to our ServiceWe may, without prior notice, change our Service; stop providing our Service or features of our Service, to you or to Users generally; or create usage limits for our Service. We may permanently or temporarily terminate or suspend your access to our Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.2.8 Limits of LiabilityYou expressly understand and agree that the MinoMonsters will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including damages for loss of goodwill, use, or data or other intangible losses (even if MinoMonsters was advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (a) Use or the inability to use the Service; (b) Cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) Unauthorized access to or alteration of your transmissions or data; (d) Statements or conduct of any third party on the Service; or (e) Any other matter relating to the Service. MinoMonsters’ total liability to you for all damages, losses, or causes of action shall not exceed the amount you have paid MinoMonsters for the Service. If you are dissatisfied with any portion of the Service, your sole and exclusive remedy is to discontinue use of the Service.
3. Our Intellectual PropertyYou acknowledge and agree that our Service and all materials and content displayed or made available on our Service, and all software, art, and technology underlying our Service, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our “Intellectual Property”), are our (or our licensors’ when applicable) sole and exclusive property. Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property. Use of our Intellectual Property for any purpose not expressly permitted by this Agreement is strictly prohibited.
4. Governing Law, Arbitration, and Class Action/Jury Trial Waiver4.1 Governing LawThis Agreement shall be governed by the laws of the State of California. You agree to submit to the personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.4.2 ArbitrationRead this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from us. For any dispute with MinoMonsters, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute we have with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by an alternative dispute resolution (“Arbitrator”) firm. The arbitration will be conducted in the United States, unless you and we agree otherwise.Each party will be responsible for paying any Arbitrator filing, administrative and arbitrator fees and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.For information on the AAA, please visit its website, http://www.adr.org Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page https://www.adr.org/consumer Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.