The following describes the terms on which Monkey Dough offers you access to our services. This Agreement is effective on January 21st, 2013, for current users, and upon acceptance for new users.
Introduction
Welcome to Monkeydough.com (also referred to as “us” or “our”). By using Monkeydough.com (including its related sites, services and tools referred to as the “Site”), you (also referred to as the “User” or “your”) agree to the following terms with Monkeydough.com Inc. and the general principles for the websites of our subsidiaries and international affiliates. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IMMEDIATELY CEASE ALL FURTHER USE OF THE MONKEYDOUGH.COM ITS RELATED SITES, SERVICES AND TOOLS.
Privacy
Your privacy rights are important to us. Our privacy policy forms a part of these Terms and will govern your privacy rights in using the Site. Please review the privacy policy https://monkeydough.com/demosite2/privacy-policy/
Use of Monkeydough.com
Monkeydough.com provides an online subscriber discount program. While a member of Monkeydough.com you will be entitled to receive discounts offered to other members in the program. As a condition of your use of this Site you represent and agree that:
• You are an individual person who is at least 18 years of age or older;
• You possess the authority to create a binding legal obligation;
• Your use of this Site will at all times comply with the terms of this Agreement;
• You may create only one account for your personal use;
• You may not repackage, resell, misrepresent or repost any of the discounts or promotion offered by us or our participating vendors.
• You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
• The information which you provide us is accurate, true, current and complete.
Restrictions on use of Monkeydough.com
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct as judged by us in our sole discretion, is inconsistent with the purpose of the Site, violates the terms of this Agreement and any other conditions or restrictions which MonkeyDough.com may impose at its sole discretion from time to time, we may without limiting other remedies, limit, suspend or terminate our service and user accounts, prohibit access to the Site and their content, services and tools, delay or remove content, and take technical and legal steps to keep you off the Site if we think that you are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may report suspected criminal acts to the relevant authorities. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Monkeydough.com webpages, services or tools.
ENGAGING IN THE FOLLOWING ACTIVITIES IS STRICTLY PROHIBITED AND CONSTITUTES A BREACH OF THIS AGREEMENT:
· post, transmit, publish or provide us or other users with false information;
· violate any laws, third party rights or our policies;
· use the Site, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are otherwise not authorized to do so by us;
· fail to deliver payment for your membership on a timely basis;
· circumvent or manipulate our fee structure, the billing process, or fees owed to Monkeydough.com;
· post false, obscene, seditious, illegal, inaccurate, misleading, defamatory, or libelous content (including personal information);
· transfer your Monkeydough.com account (including feedback) and User ID to another party without our consent;
· distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
· distribute viruses or any other technologies that may harm Monkeydough.com, or the interests or property of Monkeydough.com users;
· export or re-export any Monkeydough.com tools except in compliance with the export control laws of any relevant jurisdictions;
· deep link from a third party website;
· circumvent password protection;
· copy, modify or distribute rights or content from the Monkeydough.com sites without the our express written consent;
· infringe, copy, distribute or use outside of the scope authorized by us MonkeyDough.com's copyrights and trademarks; or
· harvest or otherwise collect information about users, including email addresses, without their consent.
Monkeydough.com Charges and Services
When you join Monkeydough.com you are asked to provide personal information necessary for us to confirm your identity and to bill your membership fee. This information must be complete, true and accurate. You will elect amongst the offered methods of payment and we will charge the membership fee to that account. The membership will be automatically charged to that payment source the following year unless you notify us by e-mail of your intent not to renew at [email protected]. Once your membership has been charged either the first year and all subsequent years, there are no refunds. We reserve the right to change the membership rate at any time at our sole discretion. At each renewal you will be charged the membership fee then in effect. Notification of our new membership rate will be posted on the Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
Posted Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. While we try to offer reliable data, we cannot promise that the online information will always be accurate and up-to-date, and you agree not to hold us responsible for inaccuracies on the site.
Digital Millennium Copyright Act Notification Of Alleged Copyright Infringement.
Monkeydough.com has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Provider reserves the right to remove any third party content that allegedly infringes another person's intellectual property rights. Provider will terminate, in appropriate circumstances, subscribers and account holders of Provider's system or network who are repeat infringers of another person's intellectual property rights. Notices to Provider regarding any alleged intellectual property right infringement should be directed to the Website administrator at [INSERT NOTIFICATION E-MAIL].
Linking To This Website
You may provide links to this Service and the Site which are a part thereof, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the Website, including any advertisements, terms of use, copyright notice, and other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by Monkeydough.com, and (c) Monkeydough.com may deactivate any link(s) at its discretion. You may not deep-link to any page. All links must go to the main page of the Website containing the log-in information.
Intellectual Property Rights And Obligations
The contents of the Site, including, but not limited to, all trademarks, copyrighted works, likeness, text, graphics, logos, button icons, images, audio and video clips (if any), software, subscriber lists, forms and layout, unless expressly identified otherwise, are the sole and exclusive property, or are the licensed property, of Monkeydough.com or its content suppliers. You agree that you will make no unauthorized use of any trademark, patent, copyright or other intellectual property on the Site associated with the Service and will discontinue immediately if so instructed by us. Furthermore, you waive all rights to dispute or challenge the validity or enforceability of trademarks or copyrights contained on the Website. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content and software on the Site associated with the Service, or of any products or services sold by Monkeydough.com, is strictly prohibited. You may copy information from the Service only as may be strictly necessary for your own use to view, save, print, or transmit it. Otherwise, no portion of the Service may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Monkeydough.com.
You agree that you will not and will not allow others to decompile, disassemble, reverse-engineer, copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of Monkeydough.com’ technology or delete or alter author attributes or copyright, trademark or patent notices.
Nothing on the platform or elsewhere should be construed to grant any license or right to use, implied or otherwise, any trademark displayed on the platform without the written permission of Monkeydough.com or any third party owner of any trademark. Monkeydough.com reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others. If you believe that any material contained in the platform infringes your intellectual property, you should notify Monkeydough.com of the alleged infringement in accordance with the procedures set forth in these Terms.
Disclaimer of Warranties
ALTHOUGH THIS AGREEMENT EXPRESSLY PROHIBITS INDIVIDUALS AND ENTITIES FROM ABUSING THE SERVICE, MONKEYDOUGH.COM DOES NOT CONDUCT ANY INVESTIGATION OR DUE DILIGENCE ON THE INFORMATION PROVIDED BY PARTIES ON MEMBER LISTINGS, PROFILES, POSTINGS, OR THIRD PARTY ADVERTISEMENTS ON THE WEBSITE. FURTHERMORE, MONKEYDOUGH.COM DOES NOT MONITOR CONTENT POSTED BY INDIVIDUALS OR BUSINESS ENTITIES USING THE SYSTEM OR DISCOUNTS ACTUALLY OFFERED BY VENDORS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER MONKEYDOUGH.COM, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS OF PRODUCTS OR SERVICES), SERVICE, PRODUCTS, COUPONS OR VOUCHERS PROVIDED THROUGH THIS SITE, OR (III) PRODUCTS, PRICING, DISCOUNTS OR SERVICES OFFERED BY THIRD PARTY VENDORS TO USERS OF THIS SITE. IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT DUE DILIGENCE ON ANY BUSINESS THAT YOU CONDUCT WITH VENDORS OFFERING DISCOUNTS TO MEMBERS OR WITH ADVERTISERS ON THE SITE. THE SITE AND ALL CONTENT CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONKEYDOUGH.COM HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation On Damages THIS IS AN AGREEMENT FOR SERVICES. IN NO EVENT SHALL MONKEYDOUGH.COM, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, OFFICERS, AGENTS, DIRECTORS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THROUGH YOUR MEMBERSHIP, OR THESE TERMS OF USE. IN NO EVENT WILL MONKEYDOUGH’S LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SITE, YOUR MEMBERSHIP BENEFITS OR OUR HANDLING OF YOUR INFORMATION EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS. Release
If you have a dispute for any reason whatsoever with any vendors who are offering discounts to our members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
User Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Monkeydough.com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Monkeydough.com Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notice
Except as explicitly stated otherwise, legal notices shall be served on Monkeydough.com's national registered agent (in the case of Monkeydough.com) or to the email address you provide to Monkeydough.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes
If a dispute arises between you and Monkeydough.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Monkeydough.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with the provisions below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
· By using this Site you agree that any claim, dispute, or controversy you may have against MonkeyDough.com's arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held in Miami-Dade County, Florida; (b) the arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations; (c) the arbitrator shall honor claims of privilege recognized at law; (d) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Monkeydough’s individual claims; (e) the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (f) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor MonkeyDough.com shall be entitled to arbitrate their dispute.
· In any dispute involving unpaid fees, misuse of the site, violation of subscriber rights or MonkeyDough.com intellectual property, MonkeyDough.com may bring an action in any court of competent jurisdiction and may seek emergency injunctive relief against you or your co-conspirators without need of bond.
Improperly Filed Claims –
All claims you bring against Monkeydough.com must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Monkeydough.com may recover attorneys' fees and costs.
