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BY ENTERING THIS SITE YOU:
ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
This Agreement (the "Agreement") governs your access and use of MonsterMayhem facilities, bulletin boards and service (the "Service"). In consideration for your right to access and use the Service, you and MonsterMayhem agree as follows:
1. ACCEPTANCE OF TERMS:
By clicking the "I Accept" button below (done during your accounts creation), or by using the service as a guest you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 19 below..
2. THE MonsterMayhem SERVICE:
The MonsterMayhem Service is an online application, enabling businesses and individuals to build, join and participate in customized and personalized discussion groups. You understand and agree that the Service is provided "AS-IS" and that MonsterMayhem assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.
4. CONTENT ACCESSIBLE ON THE SERVICE:
The MonsterMayhem service contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that users post. Please use caution and common sense when viewing MonsterMayhem communities. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that MonsterMayhem is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will MonsterMayhem be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
You acknowledge that MonsterMayhem does not pre-screen Content, but agree that MonsterMayhem shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, MonsterMayhem shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that MonsterMayhem believes is otherwise objectionable.
You acknowledge and agree that MonsterMayhem may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MonsterMayhem, its users and the public.
5. LICENSE GRANTED TO MonsterMayhem:
You grant MonsterMayhem the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on MonsterMayhem's sites and for the promotion and marketing of MonsterMayhem's services. However, MonsterMayhem will not resell, attempt to resell, or otherwise convey these rights to any third party.
6. USER CONDUCT:
You agree to not use the Service to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights (c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortuous, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses 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; or (7) you do not have a right to upload or post due to contractual or other legal obligation. (d) impersonate any person or entity, including, but not limited to, a MonsterMayhem official, message board leader (moderator), guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (f) interfere with or disrupt the Service, computer servers or boards accessible through the Service; (g) interfere with or disrupt the Service, computer servers or boards accessible through the Service; (h) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, MonsterMayhem may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.
7. CREATION OF BOARDS:
In using the Service to create or make accessible a board, you agree to use your best efforts to ensure that individuals posting Content to the board comply with Paragraph 6 of this Agreement, and agree to take action to remove or disable access to any Content on the board that violates Paragraph 6 of this Agreement.
8. COMMUNITY-SUPPORTED PROGRAM:
By signing up to be a registered user or moderator under the Community-Supported program, you agree to the following:
(a) You expressly understand and acknowledge MonsterMayhem's Disclaimer of Warranties under Section 13 below and that MonsterMayhem will not be liable for any damages under this Agreement pursuant to the Limitations of Liability in Section 14 below. You expressly understand and acknowledge that the pricing reflected in this program is based on the above limitations, and that the limitations in this Section 8(a) represent a reasonable allocation of risk for the parties.
(b) You expressly understand and acknowledge that any fees due or paid by you under the COMMUNITY-SUPPORTED program are non-refundable in part or in whole. MonsterMayhem currently accepts payment by check, money order or PayPal, and reserves the right to modify its acceptable forms of payment at any time without notice.
(c) You expressly understand and acknowledge that MonsterMayhem may change your privileges as a user or administrator of the COMMUNITY-SUPPORTED program and that MonsterMayhem reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the COMMUNITY-SUPPORTED program (or any part of it) with or without notice. You acknowledge that MonsterMayhem shall not be liable to you or to any third party for any modification, suspension or discontinuance of the COMMUNITY-SUPPORTED program.
9. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE:
You agree that MonsterMayhem may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that MonsterMayhem has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. MODIFICATION AND TERMINATION OF SERVICE:
MonsterMayhem reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that MonsterMayhem shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that MonsterMayhem, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that MonsterMayhem shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to the following: (a) Circumventing any MonsterMayhem banner display. Subscribers to our "no-ad banner option" are exempt from this requirement. All MonsterMayhem member boards must have a link to MonsterMayhem or its related directories. (b) Using in the registration of your MonsterMayhem membership an email account that is not your own or that is or becomes inactive. (c) Reproducing, distributing, republishing or retransmitting material posted by other MonsterMayhem members without the prior permission of such members. MonsterMayhem reserves the right to take any action it deems necessary with respect to your MonsterMayhem or user account if we have reason to believe it may cause us to lose the services of our ISP or suppliers.
11. OTHER WEB SITES AND RESOURCES:
Third parties using the Service may provide links or access to other web sites and resources. Because MonsterMayhem has no control over such sites and resources, you acknowledge and agree that MonsterMayhem is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MonsterMayhem shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
13. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MonsterMayhem EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) MonsterMayhem MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE| RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER **** OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY MonsterMayhem.
14. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MonsterMayhem SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MonsterMayhem HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
You agree to indemnify and hold MonsterMayhem, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
Notices to you may be made via either email or regular mail. MonsterMayhem may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
18. LEGAL DISPUTES:
This Agreement and your relationship with MonsterMayhem shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and MonsterMayhem agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Connecticut, USA agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may amend this Agreement at any time by posting the amended terms on our site here
. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of MonsterMayhem. This Agreement was last modified on May 30, 2010.
This Agreement constitutes the entire agreement between you and MonsterMayhem with respect to the Service and supersedes all prior agreements and understandings between you and MonsterMayhem. MonsterMayhem's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 12, 13, 14, 15 and 17 of this Agreement shall survive any termination of the Agreement. If you are a Connecticut resident, you may have a copy of this Agreement emailed to you by sending an e-mail request to [email protected]
This e-mail should include your; user ID, actual name and address to mail the request of this agreement to.
21. OFFICIAL LANGUAGE - ENGLISH:
This AGREEMENT AND THE MonsterMayhem site is developed in English and MAY BE translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE MonsterMayhem SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. MonsterMayhem is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS.
This document is viewable at any timeby clicking on the Knowlegdge Base
link located in the navigation bar on every page.
The MonsterMayhem Administration