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Welcome to MonetizeSocial, LLC ("MS"). MS provides its website and related services (“The Site") to you subject to the following user agreement ("Agreement"). If you do not agree with any of these terms of this agreement, do not access or otherwise use this site or any information contained on this site. Your use of this site shall be deemed to be your agreement to abide by each of the terms set forth below.MS can change this agreement at any time by posting an updated user agreement on this site. Please be aware that MS may make these changes with or without notification of its users. Also, be advised that your continued use of MS’s services shall constitute your consent to any changes made to our user agreement. If you have any questions about the agreement you may contact us at email@example.com.
If your Content is uploaded as a design for products available to other users on The Site, you grant the additional rights set forth in the User Agreement. Your participation in MS’s Affiliate Program may also be governed by the terms and conditions of the Affiliate Agreement set forth by 3rd party affiliate manager sites.
MS representative will assist with the creation of a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify MS 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. You agree that MS shall not be held liable for any loss or damage arising from your failure to comply with this section.
You acknowledge that MS does not pre-screen submitted Content. You acknowledge that MS and its designees shall have sole discretion relative to the rejection or removal of any Content placed on the site. Upon placing your order, you acknowledge that MS may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, MS and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to MS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, MS. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither MS nor any other party involved with the production of any product incorporating such Content assumes that responsibility. MS’s production of any product depicting your Content does not indicate that MS approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that MS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of MS, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under your account. MS takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against MS and its affiliates, contractors, agents and employees for losses, damages and injuries, which are based on or relate to communications, Content or materials on the Site. You agree to indemnify MS and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Site and any products, ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by MS, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to MS, you grant MS a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with the terms and conditions of this Agreement, MS grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to MS (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to MS upon their submission or communication to MS, and you do assign all rights therein to MS and agree that the same will automatically become the property of MS and that MS may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose MS may elect, in perpetuity.
MS reserves the right to donate, resell or otherwise distribute misprinted, returned, defective, complete or incomplete items with or without notification of sale and/or accounting and payment of any applicable commission on such items. Wholesale orders placed through MS, which utilize published designs, are subject to discounts of both the product price as well as the commission. You agree to let MS negotiate commissions for bulk purchases on your behalf regardless of the commission set on the product for purchase from your web store.
MS respects the intellectual property rights of others. We ask our users to do the same. MS may terminate the accounts of users who appear to infringe upon the copyright or other intellectual property rights of others without notice. MS reserves the right to cancel any pending payments withhold (in whole or in part) any ledger balance of a user who has violated the intellectual property rights of another party regardless of the content sold.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify MS’s IP Specialist and provide the following information ("Notice")
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO SKREENED THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
You agree to defend, indemnify and hold MS and MS’s officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to The Site without MS’s express written consent.
You agree that MS may terminate your password, account, and ledger balance, in whole or in part. You agree that MS may remove and discard any Content you have contributed to the Site at any time, for any reason or no reason. You agree that MS may discontinue services, in whole or in part, at any time. You agree that termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and that MS may deactivate or delete your account (including all related information and files). You agree that MS may bar your usage of the Site on a permanent or temporary basis. Further, you agree that MS shall not be liable to you or any third-party for any termination of your access to the Site.
The Site may provide, or third parties may provide, links to other websites or resources. Because MS has no control of such sites and resources, you acknowledge and agree that MS is not responsible for the availability of such 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 or the policies or such sites and resources. You agree that MS is not 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.
You acknowledge and agree that you will not use any product ordered from the Site in a way that would be damaging to MS’s public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from MS, in a public setting, including on the Internet, in a way which disparages MS, MS’s board members, employees, shareholders or partners, MS reserves the right to demand immediate return of the product, and to pursue all recourses and remedies available under the law.
Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at MS’s discretion. Title and risk of loss for all products ordered by you shall pass to you on MS’s shipment to the shipping carrier. Purchases are subject to MS’s Return Policy. MS reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party or for any other reason and will notify the purchaser that the order has been canceled.
You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
YOU ACKNOWLEDGE THAT SKREENED MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONETIZESOCIAL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL MONETIZESOCIAL OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING SKREENED OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SKREENED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.