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Terms of Service
1. Acceptance of Terms
Monkey Look welcomes you! Monkey Look offers its services, including
advertising, subject to the following Terms of Service (referred to hereafter
as the "Terms"). These Terms may be updated at any given time. You can review
the most current version of the Terms by visiting
http://www.monkeylook.com . At any time that you use any of Monkey
Look's services, you and Monkey Look shall be subject to any posted guidelines
or rules, which may be updated from time to time. All such guidelines or rules
are hereby incorporated by reference into the Terms. If you object, now or in
the future, to any term or condition of these Terms, any rules or guidelines,
or any updates made to the Terms, or are (or become) dissatisfied with Monkey
Look in any way, your only recourse is to immediately discontinue use of Monkey
Look and its services.
2. Description of Service
Monkey Look provides an online directory of the World Wide Web and rich
advertising opportunities for websites (these referred to hereafter as the
"Service"). Monkey Look is dedicated to offering the best of the World Wide
Web, which is family friendly. HOWEVER, you understand that Monkey Look is not
responsible for online material that may be made available through the Service,
and that by using the Service you may be exposed to material that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, some
websites listed with Monkey Look may link to other websites, which are
completely independent of Monkey Look. Monkey Look makes no representation or
warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. You also understand and agree that the Service
provided by Monkey Look may include advertisements. These advertisements are
necessary for Monkey Look to provide the Service. You also understand and agree
that the Service may include notifications from Monkey Look and that these
communications are part of Monkey Look membership. You will not be able to opt
out of receiving them as long as you are a member. Unless stated otherwise, any
new features that augment or enhance the current Service, including the
installment of new properties or features to Monkey Look, shall be subject to
the Terms. You understand and agree that the Service is provided "AS-IS" and
that Monkey Look assumes no responsibility for the misdelivery, deletion,
timeliness, or failure to store any user communications or personalized
settings.
3. Access and Third Party Fees
You are also fully responsible for obtaining access to the Service. That access
may involve third party fees and you are responsible for those fees and any fee
related to the display or delivery of advertisements. In addition, you are
solely responsible to provide all equipment necessary to access the Service.
4. Registration Requirements and Right to Refuse Service
You understand that Monkey Look pre-screens and approves or disapproves of the
websites listed directly within it and reserves the right to determine the
appropriate manner of advertising of all of its members in order to make its
Service most efficient. Monkey Look shall have the right (but not the
obligation) in its sole discretion to refuse, delete or move any content that
is available via the Service, for any reason.
5. Privacy Policy
Registration Data and other information about you are subject to our Privacy
Policy. For more information about this, review our full privacy policy at
http://www.monkeylook.com
6. Registration Obligations
By using Monkey Look's Service, you represent that you are of legal age to form
a binding contract. You also represent that you are not a person barred from
receiving services under the laws of the United States or any other applicable
jurisdiction. You also agree to provide, maintain, and update Monkey Look with
true, current, accurate and complete information about yourself, your company,
and website as prompted by the registration form (referred to hereafter as
"Registration Info"). Monkey Look reserves the right to terminate or suspend
your account and refuse your use of the Service (or any portion thereof) should
you provide any information that is untrue, inaccurate, not current or
incomplete, or if Monkey Look has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete. Monkey Look also
has listed requirements for websites that want to use its services. To review
the requirements for listing, please visit the requirement page at
http://www.monkeylook.com
7. Member Account & Security
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Monkey Look of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Monkey Look cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 5.
8. Conduct
By using the Service, you agree NOT to post, email, or make available content
that:
. is harmful, unlawful, abusive, harassing, defamatory, threatening,
pornographic, invasive of another's privacy, tortious, libelous, or harms
minors in any way;
. intimidates, harasses, degrades or is hateful toward an person or group of
people on the basis of age, religion, ethnicity, race, disability, gender, or
sexual orientation;
. falsely states or otherwise misrepresents your affiliation with a person or
entity, or impersonates any person or entity, including, but not limited to, a
Monkey Look employee;
. includes identifying or personal information about another person without
that person's explicit consent.
. is false, misleading, deceptive, deceitful, or constitutes "bait and switch";
. infringes any trademark, patent, copyright, trade secret or other proprietary
rights of any party, or any content that you do not have legal authorization to
make available under any law or under any contractual or fiduciary
relationship;
. constitutes or contains pyramid schemes, link referral code, affiliate
marketing, spam, junk mail, chain letters, or unsolicited commercial
advertisement;
. constitutes or contains advertising or solicitation if (1) emailed to Monkey
Look users who have requested not to be contacted about such services, products
or commercial interests; or (2) posted in areas of the Monkey Look site that
are not designated for such purposes;
. includes links to web sites or commercial services, except as allowed in the
Services;
. advertises any illegal services or the sale of any goods if the sale of such
goods is prohibited or restricted by any applicable local, state, or federal
law.
. contains any computer codes, files, software viruses or programs designed in
any way to limit, interrupt, or interfere with the functionality of any
computer hardware, computer software, or telecommunications equipment;
. disrupts the regular dialogue exchange with an excessive amount of messages
(also known as "flooding attack") to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
. employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted
through the Service.
You also agree NOT to:
. contact anyone who did not ask to be contacted;
. harass or stalk anyone;
. gather personal data or identifying information about other users for
unlawful or commercial purposes;
. use automated methods, including robots, spiders, data mining tools,
crawlers, or similar software to download data from the Service - an exception
is made for internet search engines and non-commercial public archives;
. post irrelevant Content or impose an unreasonable large load on our
infrastructure;
. access Monkey Look 's computer systems without authorization;
. attempt to interfere with the performance of, lessen the quality of, disrupt,
disturb, or hinder the functionality of, the Service or the Monkey Look
website;
. violate any applicable local, state, national or international law,
including, but not limited to, regulations set forth by the U.S. Securities and
Exchange Commission, rules established by any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any other regulations that have the
force of law; or
. provide support or resources, in any manner, to any organization(s)
designated by the United States government as a foreign terrorist organization
in accordance to section 219 of the Immigration and Nationality Act.
9. Prohibition of Spam
Spam is completely prohibited by Monkey Look's Terms. By using the Service, you
understand and agree that sending unsolicited email advertisements to Monkey
Look email addresses or through the Monkey Look computer network will use
servers located in California and/or other states and is a violation of these
Terms. Furthermore, any unauthorized use of Monkey Look's computer systems for
unsolicited email advertisements is a violation of state and federal laws
including, but not limited to, the Computer Fraud and Abuse Act (18 U.S.C. ยง
1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of
the California Business and Professions Code. Violators, as well as their
agents, will be subject to civil and criminal penalties.
10. Limitations on Service
You understand and agree that Monkey Look may set limits on the use of the
Service, including the length of time that Content will be retained or
displayed by the Service, the number and size of advertisements, the amount of
email messages or other Content that may be transmitted or stored by the
Service, and how many times you may access the Service. You also understand and
agree that Monkey Look has neither the responsibility nor liability for the
deletion or failure to store any Content transmitted or maintained by the
Service. By using the Service, you agree and understand that Monkey Look
reserves the right at any time discontinue or modify the Service (or any part
thereof) with or without notice. You also understand and agree that Monkey Look
shall not be liable to you or to any third party for any suspension,
modification, or discontinuance of the Service.
11. Termination of Service
You understand and agree that Monkey Look reserves the right (but not the
obligation) to terminate or deactivate your account, block your IP or email
address, or otherwise terminate your use of or access to the Service (or any
part thereof), at any time and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
Monkey Look believes that you have acted inconsistently with the letter or
spirit of the Terms. Further, you agree that Monkey Look shall not be liable to
you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
12. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You agree
that Monkey Look shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings. If there is a dispute
between participants on this site, or between users and any third party, you
understand and agree that Monkey Look is under no obligation to become
involved. In the event that you have a dispute with one or more other users,
you hereby release Monkey Look, its officers, employees, agents and successors
in rights from claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and / or our
service. If you are a California resident, you waive California Civil Code
Section 1542, which says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially affected his
settlement with the debtor."
13. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the Sites or the
collective work is prohibited. Copying or reproducing the sites or any portion
thereof to any other server or location for further reproduction or
redistribution is prohibited. You further agree not to reproduce, duplicate or
copy Content from the Service, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any aspect of the
Service. MONKEY LOOK is a registered mark in the U.S. Patent and Trademark
Office.
Although Monkey Look does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically grant,
and you represent and warrant that you have the right to grant, to Monkey Look
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, said Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing.
14. Disclaimer of Warranties
YOU AGREE THAT USE OF THE MONKEY LOOK SITE AND THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. THE MONKEY LOOK SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR
"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MONKEY LOOK DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE MONKEY LOOK SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY
LAW, MONKEY LOOK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE MONKEY LOOK SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE MONKEY LOOK SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, MONKEY LOOK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE MONKEY LOOK SITE OR THE SERVICE. Some
jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, some of the foregoing disclaimers may not apply to you insofar
as they relate to implied warranties.
15. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MONKEY LOOK BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MONKEY LOOK
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT
OF YOUR USE OF THE MONKEY LOOK SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE MONKEY LOOK SITE OR THE SERVICE, FROM INABILITY TO
USE THE MONKEY LOOK SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE MONKEY LOOK SITE OR THE
SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE MONKEY LOOK SITE OR THE SERVICE OR ANY LINKS ON THE MONKEY
LOOK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH THE MONKEY LOOK SITE OR THE SERVICE OR ANY
LINKS ON THE MONKEY LOOK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing limitation may not
apply to you.
16. Indemnity
You agree to indemnify and hold Monkey Look, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms, your breach of
any of the representations and warranties herein, or your violation of any
rights of another.
17. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
18. General information
The Terms constitute the entire agreement between you and Monkey Look and
govern your use of the Service, superceding any prior agreements between you
and Monkey Look. The Terms and the relationship between you and Monkey Look
shall be governed by the laws of the State of California without regard to its
conflict of law provisions. You and Monkey Look agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of San
Francisco, California. The failure of Monkey Look to exercise or enforce any
right or provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in full force and
effect. You 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
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
19. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your Monkey Look
I.D.), use of the Service, or access to the Service.
20. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Monkey Look shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
21. Links
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Monkey Look has no control over such sites
and resources, you acknowledge and agree that Monkey Look is not responsible
for the availability of such external 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 Monkey Look 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.
22. Feedback
We welcome your feedback on this document in our
feedback@MonkeyLook.com
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