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7.2 License Grant to other Monet users.By distributing or disseminating Registered User Content through the Monet Service, you hereby grant to each User of the Monet Service that is authorized to access your Registered User Content a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your Registered User Content.
7.3 Registered User Content Representations and Warranties.You are solely responsible for your Registered User Content and the consequences of posting or publishing them. By uploading and publishing your Registered User Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Monet and Monet's Users to use your Registered User Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Monet and this Terms of Service; (2) your Registered User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Registered User Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. Monet reserves all rights and remedies against any Users who violate this Terms of Service.
7.4 Registered User Content Disclaimer.You understand that when using the Monet Service you will be exposed to Registered User Content from a variety of sources, and that Monet is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Registered User Content. You further understand and acknowledge that you may be exposed to Registered User Content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Monet with respect thereto. Monet does not endorse any Registered User Content or any opinion, recommendation or advice expressed therein, and Monet expressly disclaims any and all liability in connection with Registered User Content. If notified by a User or a content owner of Registered User Content that allegedly does not conform to this Terms of Service, Monet may investigate the allegation and determine in its sole discretion whether to remove the Registered User Content, which it reserves the right to do at any time and without notice. For clarity, Monet does not permit copyright infringing activities on the Monet Service.
8. Prohibited Conduct.
BY USING THE MONET SERVICE YOU AGREE NOT TO:8.1 use the Monet Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Monet Service as such services are offered by Monet;
9. AccountWhen you use the Monet Service to upload and/or download or purchase content or any products, services, or information from Monet, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Monet on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Monet. You may be liable for the losses incurred by Monet or others due to any unauthorized use of your Monet Service account.
10. Third-Party Sites, Products and Services; Links.The Monet Service may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Monet does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Monet Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
11. Termination; Terms of Service Violations.
11.1 Monet.You agree that Monet, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Monet or your use of the Monet Service and remove and discard all or any part of your account, User profile, and any Registered User Content, at any time. Monet may also in its sole discretion and at any time discontinue providing access to the Monet Service, or any part thereof, with or without notice. You agree that any termination of your access to the Monet Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Monet will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Monet may have at law or in equity. As discussed herein, Monet does not permit copyright infringing activities on the Monet Service, and will terminate access to the Monet Service, and remove all Registered User Content or other content submitted by any Users who are found to be repeat infringers.
11.2 You.Your only remedy with respect to any dissatisfaction with (i) the Monet Service, (ii) any term of this Terms of Service, (iii) any policy or practice of Monet in operating the Monet Service, or (iv) any content or information transmitted through the Monet Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the Monet Service.
11.3 Registered User Content.Subject to section 7.2 above, if you notify Monet by submitting email to info@Youmonet.com, Monet will discontinue prospective hosting and distribution of your Registered User Content.
12. Ownership; Proprietary Rights.The Monet Service is owned and operated by Monet. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Monet Service provided by Monet (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Registered User Content that are provided and owned by Users, all Materials contained on the Monet Service are the property of Monet or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Monet or its affiliates and/or third-party licensors. Except as expressly authorized by Monet, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Monet reserves all rights not expressly granted in this Terms of Service.
13. Indemnification.You agree to indemnify, save, and hold Monet, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Monet Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Monet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Monet, and you agree to cooperate with Monet's defense of these claims. Monet will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.
14.1 No warranties.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONET, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONET OR THROUGH THE MONET SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM MONET INCLUDES MONET'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
14.2 "As is" and "As available" and "With All Faults".YOU EXPRESSLY AGREE THAT THE USE OF THE MONET SERVICE IS AT YOUR SOLE RISK. THE MONET SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING REGISTERED USER CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MONET SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
14.3 Service Operation and Registered User Content.MONET, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE MONET SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
14.4 Accuracy.MONET, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MONET SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
14.5 Harm to Your Computer.YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE MONET PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
14.6 Uploaded Content.THE SECURITY MEASURES TO PROTECT REGISTERED USER CONTENT USED BY MONET HEREIN ARE USED IN CONJUNCTION WITH THE REGISTERED USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MONET OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING REGISTERED USER CONTENT) ON THE MONET PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH MONET, EVEN IF MONET OR AN MONET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages.IN NO EVENT WILL MONET OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE MONET PLATFORM OR YOUR INTERACTION WITH OTHER MONET PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MONET PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Reference Sites.THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN MONET AND RECEIVED THROUGH OR ADVERTISED ON THE MONET PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.YOU ACKNOWLEDGE AND AGREE THAT MONET HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MONET, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MONET. MONET WOULD NOT BE ABLE TO PROVIDE THE MONET PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.5 Limitations by Applicable Law.CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
16. United States Export Controls.You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.
17.1 Notice.Monet may provide you with notices, including those regarding changes to Monet's terms and conditions, by email, regular mail or postings on the Monet Service. Notice will be deemed given twenty-four hours after email is sent, unless Monet is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Monet Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Monet Service is deemed given 30 days following the initial posting.
17.2 Waiver.The failure of Monet to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Monet.
17.3 Governing Law.These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
17.6 Jurisdiction.You agree that any action at law or in equity arising out of or relating to these Terms or Monet will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
17.7 Severability.If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
17.8 Assignment.These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Monet without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
17.9 Survival.Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.4, 6.5, and 7-17.
17.10 Headings.The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
17.11 Entire Agreement.This is the entire agreement between you and Monet relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Monet as set forth in section 4 above.
17.12 Claims.YOU AND MONET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MONET PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17.13 Disclosures.The services are offered by Monet, Inc., located at 1055 W 7th Street #650 Los Angeles, CA 90017 and email: info@YouMonet.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.