Terms of Service

These terms of service (“TOS”) are a legal agreement between you, an individual or entity (“You”), and Monkspie PBC (“Monkspie”), governing the use of the monkspie.com website (“Site”) and the files, information, and service accessible through the Site (collectively, the “Service”).  BY USING THE SERVICE, YOU AGREE TO THE TOS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU MAY NOT USE THE SERVICE FOR ANY PURPOSE.

 

The TOS may be changed at any time and notice of such changes shall be given by posting updated TOS on the Site.  Your continued use of the Service thereafter constitutes acceptance of the updated TOS.

 

1. Limited License

Monkspie grants You a limited, revocable, license (“License”) to use the Service pursuant to these TOS for your own personal use.

2. Accounts

 

Certain use of the Service will only be available to users who create an account.  During the account registration process, Monkspie may collect information You voluntarily provide, and provide such information to organizations you donate to.  Notwithstanding any proprietary or privacy rights You may have to such information, You hereby permit Monkspie to furnish information provided by You to the owners of listings You apply to, pursuant to our Privacy Policy.

 

3. Content

 

You may create an account on the Service that allows you to provide or upload certain content (“Content”) for your account profile, forums, or other parts of the Service.  By providing or uploading Content, You (a) represent that (i) the Content is consistent with the Acceptable Use provision below, (ii) is accurate, and (iii) you have proper ownership or license to grant Monkspie the following license to use Content; (b) grant to Monkspie a worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, and use the Content in the provision of Service to You and others.  We will treat Content provided by You in accordance with our Privacy Policy, which is hereby incorporated by reference.

 

4. Compliance With Laws

 

You are responsible for complying with all laws in the use of the Service.

 

5. Acceptable Use

 

As a condition of your license to use the Service, you agree that you will not do any of the following:

 

  • Use the Service if you are under the age of 18 or otherwise unable to enter into binding legal agreements;

  • Share your account or password with others;

  • Use the Service unlawfully or for an unlawful purpose;

  • Transmit any Content that is illegal, abusive, harassing, racist, or which constitutes hate speech;

  • Stalk, harass, or harm another individual;

  • Impersonate another, misrepresent or falsely identify yourself;

  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service;

  • Take any action that imposes an unreasonable or disproportionately large load on Monkspie's servers;

  • Use any robot, spider or other automatic device, or a manual process, to collect or harvest information about users.

 

6. Indemnity

 

You will indemnify and hold Monkspie, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

 

7. Limitation of Liability

 

IN NO EVENT SHALL MONKSPIE, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR OUR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MONKSPIE’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF: (a) $100; OR (b) THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO MONKSPIE UNDER THIS AGREEMENT IN THE PRECEDING 12 MONTHS. 

 

8. No Warranty

 

THE SERVICE IS PROVIDED “AS IS”. MONKSPIE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL 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. FURTHERMORE, MONKSPIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SERVICE.

 

9. Term and Termination

The term of these TOS (“Term”) shall commence upon Your initial use of the Service, and shall continue until terminated in accordance with these TOS.  The TOS and the Limited License set forth in Section 1 shall terminate upon any of the following:

a. Written notification by Monkspie.

Sections 6-8 and 10 shall survive the termination of these TOS.

 

10. General 

a. No Waiver. Monkspie's failure to exercise or enforce any right or provision of the TOS will not be deemed to be a waiver of such right or provision.


b. No Third-Party Beneficiaries or Rights. These TOS are not intended to create any rights or benefits for third-parties.

 

c. Entire Agreement. These TOS, together with the Privacy Policy and any amendments and additional agreements you might enter with Monkspie in connection with our Site or Service, shall constitute the entire agreement between you and Monkspie concerning the Site or Service, and shall supersede any prior terms you had with Monkspie regarding the Site or Service.

 

d. Severability. If any provision of these TOS is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these TOS shall remain in full force and effect.

e. Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

 

f. Choice of Law. The TOS shall be governed by the laws of the State of California without regard to its conflict of law provisions.

 

g. Arbitration. Any controversy or claim arising out of or relating to these TOS or the Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in the County of San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Monkspie or you may seek any interim or preliminary relief from a court of competent jurisdiction in the County of San Francisco, California, as necessary to protect the rights or property of you or Monkspie.

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