Terms of Use

MonkeyMedia Software is owned and operated by MonkeySoft Solutions Incorporated (“MSI” or “We”). The terms and conditions stated herein (the “Terms of Use”) constitute a legal agreement between you and MSI. By using or visiting the MonkeyMedia Software website (the “Site”) and/or utilizing the Services (defined below) through the Site, you hereby expressly acknowledge and agree to be bound by the Terms of Use.

 

MSI reserves the right to change the Terms of Use at any time, effective upon posting of an updated version of the Terms of Use on the Site.  You are responsible for regularly reviewing the Terms of Use.  Your continued use of the Site or Services after any such changes shall constitute your consent to the changes.  MSI reserves all rights at law and equity, including the right to block your access to this Site if you violate any provision of the Terms of Use.

 

IF YOU DO NOT AGREE TO THE TERMS OF USE THEN YOU MUST NOT ACCESS THE SITE OR THE SERVICES.  YOUR USE OF THE SITE OR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THE TERMS OF USE.

 

Use of the Site

Subject to your full compliance with the Terms of Use, MSI provides to you certain services and content on the Site (the “Services”).  Services include, but are not limited to, access to downloadable media and resources, industry workshop and event information, opinion-based blog posts, product information, user discussion, and information and data related to the restaurant industry sector.

 

The Services are offered to you for your personal and non-commercial use.  You must not use the Site or Services for commercial or advertising purposes without the prior written consent of MSI.

 

Account

To access, post on or interact with other users on the Discussion, you must register for an account (“Account”) by providing MSI with current, complete and accurate information, as prompted by the applicable registration form.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or MSI have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MSI reserves the right to suspend or terminate the Account and refuse any and all current and future use of the Site and/or Services by you.

 

By creating the Account and using the Site and Services, you agree that you will not select or use as an account username a name of another person with the intent to impersonate that person, a name subject to any rights of a person other than you without appropriate authorization, or a name that is offensive, vulgar or obscene.  In you do not comply, MSI reserves the right to suspend or terminate the Account and refuse any and all current and future use of the Site and/or Services by you.

 

You are solely responsible for the activity that occurs on your Account, and you must keep your Account secure.  You agree to notify MSI immediately of any unauthorized use of your Account or any other breach of security.  MSI will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge.  However, you may be held liable for any losses incurred by MSI or another party due to someone else using your Account.

 

User Discussion

In connection with the Site, MSI hosts comment threads (“Discussion”) on the Site for its users. Information posted on the Discussion includes information posted, transmitted or uploaded by other users some of whom may employ an anonymous username, as well as information provided by MSI. The Discussion is intended to serve as discussion centres for users, and any other user can view any information posted on the Discussion.

 

MSI has no obligation whatsoever to monitor any part of the Discussion. You are solely responsible for your interactions with other users of the Site. Without limiting the foregoing, We reserve the right to monitor the Discussion, to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason in our sole discretion, and to remove any materials that violate the Terms of Use and/or disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, and the rights and freedoms of other users.

 

Intellectual Property and License Granted by MSI

The information, content text, graphics, logos, images, audio clips, video clips, documents and software displayed on this Site (“Site Content”), excluding User Content (defined below), is owned by MSI or its licensors, as the case may be, and is protected by copyright laws. MSI’s name, logos, product names and services names displayed on this Site are the property of MSI or other third parties.  The Terms of Use does not convey to you any rights of ownership in or related to any intellectual property rights owned by MSI.

 

Subject to your compliance with the Terms of Use, MSI grants you a limited, non-exclusive, non-transferable license to view, download and print Site Content solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MSI or its licensors, except for the licenses and rights expressly granted in the Terms of Use. You have no right to sublicense the license rights granted to you.

 

User Content and License Granted by User

We may, in our sole discretion, permit users to post, upload, publish, submit or transmit content to the Site (“User Content”).  You acknowledge that MSI does not guarantee any confidentiality with respect to any User Content. The use, disclosure and treatment of all User Content including information you may provide in connection with your use of the Services will be governed by our Privacy Policy, which is incorporated into the Terms of Use by this reference.

 

You are solely responsible for all User Content that you make available through the Site or Services. You affirm, represent, and warrant that (i) you are the sole and exclusive owner of all User Content that you make available through the Site or Services or have the necessary licenses, rights, consents and permissions to grant to MSI and to the rights in such User Content, as contemplated under this Terms of Use; and (ii) neither the User Content nor your posting, uploading, publishing, submission or transmittal of the User Consent on, through or by means of the Site or Services will infringe, misappropriate or violate any third party’s intellectual property rights or privacy rights, or result in the violation of any applicable law or regulation.

 

By making available any User Content on or through the Site or Services, you hereby grant to MSI a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display and perform, transmit, stream, broadcast and otherwise exploit such User Content in connection with the Site or Services and MSI’s (and its successors’ and affiliates’) business.  For clarity, MSI does not claim any ownership rights in any User Content and nothing in this Terms of Use restrict any rights that you may have to use and exploit any User Content.

 

Restrictions

You agree that you will not use the Site or Services, including uploading, posting or transmitting User Content, to:

  1. participate in any fraudulent activities, to deliver or disseminate any unsolicited bulk or unsolicited commercial e-mail;
  2. deliver or disseminate any material or information of any kind that is libellous, defamatory, obscene, pornographic;
  3. abuse, or otherwise violate any law or infringe or violate any rights of any other person or entity, including intellectual property rights;
  4. impersonate any person or entity, including but not limited to MSI;
  5. advertise to or solicit any user to buy or sell any products or services; or
  6. use any information obtained from the Site or Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

 

Except as otherwise explicitly provided in the Terms of Use or as may be expressly permitted by applicable law, you agree that you will not and will not permit or authorize any third party to:

  1. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of Site Content or Services;
  2. rent, lease or sublicense access to any of Site Content or Services;
  3. circumvent or disable any security or technological features or measures of the Site;
  4. use the Site in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Site;
  5. use any robot, spider, scraper or other automated means to access the Site, or attempting to “crash” a host; or
  6. remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Site.

 

Indemnification

By agreeing to the Terms of Use and using the Site or Services, you agree to indemnify and hold harmless MSI, its affiliates, licensors, customers, vendors, officers, agents, contractors and employees, from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against MSI, which result from or relate to your use or misuse of the Site or Services or your violation or breach of any term of the Terms of Uses, including, but not limited to, any violation of any third party rights with respect to your User Content.  You will give MSI prompt notice of any such demand, claim or proceeding that you are aware of.

 

Disclaimer of Warranties

The Services and all Site Content are provided on an “as is” basis. To the maximum extent permitted by applicable law, MSI expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. MSI makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability, availability, accuracy or completeness of the Site, Services or any services, products, or goods obtained by third parties through the use of the Site of Services. MSI does not represent or warrant that the use of the Site or Services will be secure, timely, uninterrupted, error-free, or will meet your requirements or expectations, or the Site, Services or server(s) that make the Site or Services availability are free of viruses or other harmful components.  You acknowledge and agree that any risk arising out of your use of the Site or Services, and any third party services or products remains solely with you, to the maximum extent permitted by law.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall MSI, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, or other intangible losses incurred by you or in any way connected with your use of, or inability to use, the Site or Services, any reliance placed by you on the completeness, accuracy or existence of any Site Content, or as a result of any relationship or transaction between you and any third party whose advertising appears on the Site or is referred by the Site or Services.

 

In no event will the aggregate liability of MSI, its affiliates, agents, directors, employees, suppliers, or licensors (weather in contract, warranty, tort (including negligence), product liability, strict liability or other theory) arising out of or relating to your use of the Site of Services exceed the amount you paid to MSI for using the Services (if any).

 

Termination

MSI may terminate or suspend any part or all of the Services, your access to the Site, and your Account immediately, without prior notice or liability, if you breach any term of the Terms of Use, if there is a risk of harm to our property or third parties, or if MSI is required to do so in compliance with any law or regulation.

 

Upon termination, your right to use the Site or Services will immediately cease.  All provisions of the Terms of Use which by their nature should survive termination, including, without limitation, Intellectual Property and Grant of License by MSI, Disclaimer of Warranties, Indemnity and Limitations of Liability, will survive termination.

 

Governing Law

The Terms of Use and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of the Site or Services and this Terms of Use.

 

General

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of the Site or Services.  Any consent by a party to, or waiver of breach by the other, whether express or implied, will not constitute a consent to or waiver of or excuse for any other different or subsequent breach unless such waiver or consent is in writing and signed by the party claimed to have waived or consented.  Except as otherwise provided herein, no term or provision will be deemed waived and no breach excused.  The Terms of Use constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto.  In the event that any one or more provisions contained in the Terms of Use are held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other provisions of the Terms of Use and the Terms of Uses will be construed as if such invalid, illegal or enforceable provision had never been contained herein.

 

Contacts

If you have any questions concerning the Terms of Use, please use the Contact Us page on this Site.