Terms & Conditions
Seize the Now - Media.Monks Mobile Application Terms & Conditions
Last Updated: June 12, 2023
Your use of the mobile desktop software application “Seize the Now - Media.Monks” on which these terms reside (the “App”), including the features and services made available through the App, are subject to these terms of use (“Terms”). Please read these Terms carefully before using the App. The App is owned or controlled by Media.Monks Inc. (“Media.Monks”). BY ACCESSING AND USING THIS APP, INCLUDING, WITHOUT LIMITATION, BROWSING THIS APP, USING ANY MEDIA.MONKS CONTENT (AS DEFINED BELOW), AND/OR SUBMITTING ANY USER CONTENT (AS DEFINED BELOW) TO MEDIA.MONKS, YOU AFFIRM AND AGREE THAT YOU: (1) ARE OF LEGAL AGE TO ENTER INTO THESE TERMS; AND (2) ARE AGREEING TO BE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE, INCLUDING, BUT NOT LIMITED TO, CONDUCTING TRANSACTIONS ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, AND A CHOICE OF NEW YORK LAW.
These Terms require binding arbitration to resolve disputes rather than jury trials or class actions. Please see BINDING ARBITRATION/CLASS WAIVER (Section 11) for details, including the class action waiver. IN ADDITION, THESE TERMS CONTAIN THE FOLLOWING SECTIONS: DISCLAIMER OF REPRESENTATIONS AND WARRANTIES (SECTION 7), LIMITATION OF LIABILITY (SECTION 8), AND INDEMNITY (SECTION 9) THAT AFFECT YOUR RIGHTS.
From time to time, Media.Monks may update this App and these Terms. Your use of this App after Media.Monks post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
Media.Monks may, in its sole discretion, and at any time, discontinue this App or any part thereof, with or without notice, or may prevent your use of this App with or without notice to you. You agree that you do not have any rights in this App and that Media.Monks will have no liability to you if this App is discontinued or your ability to access the App or any User Content you may have submitted through the App is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination of these Terms.
1. Grant of License
The App, including the software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), Application Updates (as defined below), documentation and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by Media.Monks subject to these Terms. Neither title nor any intellectual property rights are transferred to you, but rather remain with Media.Monks, who owns full and complete title, and Media.Monks reserves all rights not expressly granted to you. The rights granted herein are non-transferable, and are limited to Media.Monks’ intellectual property rights in the App and do not include any other patents or intellectual property rights. These Terms herein grants you permission to use the App on one device – including iPhone or iPad devices – at a time. You may not make the App available over a network where it could be used on multiple devices at the same time. These Terms do not grant you any rights to use Media.Monks proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the App. Any use of the App in any manner not allowed under these Terms or the LAEULA, including, without limitation, resale, transfer, modification or distribution of the App or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other content provided by the App is prohibited. These Terms do not entitle you to receive and do not obligate Media.Monks to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the App. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the App.
2. Media.Monks Content
You should assume that everything on the App is copyrighted unless otherwise indicated and that it must not be used except as provided in the Terms or with the express written consent of Media.Monks. Content on this App that is provided by Media.Monks or its licensors, including graphics, photographs, images, text, digitally downloadable files, trademarks, trade dress, logos, slogans, design and layout of the App, and the compilation of the foregoing (“Media.Monks Content”) is the property of Media.Monks and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Except as expressly set forth herein, nothing in the Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading or using the App.
Except as indicated otherwise herein or in any additional terms or conditions, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit any of the Media.Monks Content.
You agree not to download, display or use any Media.Monks Content for use (a) in any publications, (b) in public performances, (c) on mobile applications other than this App, (d) in connection with products or services that are not those of Media.Monks, and/or (e) in any other manner that is likely to cause confusion among consumers, that disparages or discredits Media.Monks and/or its licensors or their respective services or brands, that dilutes the strength of Media.Monks’ or its licensor’s intellectual property, or that otherwise infringes Media.Monks’ or its licensors’ intellectual property rights. You further agree to in no other way misuse any Media.Monks Content or third-party content that appears on this App.
You may not copy or use the names, trademarks, logos, or brands of Media.Monks or those of any of its affiliates or partners, in part, in modified form, or otherwise. Certain third-party names, trademarks, logos, and brands may appear on the App, and those are the sole property of their respective owners, and you are similarly prohibited from copying or using such third-party names, trademarks, logos, and brands.
3. Use of the App
The following requirements apply to your use of the App, including any submission or other materials provided by you (“User Content”): (a) you will not use any electronic communication feature of the App for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, invasive of the privacy of another person, abusive, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Media.Monks; (b) you will not collect, store, or submit any content that (i) contains personal information about another individual without such person’s prior written authorization, (ii) violates the privacy of any other individual or entity, or (iii) anything that you are under a contractual obligation to keep private or confidential; (c) you will not use the App for any commercial purpose not expressly approved by Media.Monks in writing; (d) you will not impersonate any person or organization, including without limitation, the personnel of Media.Monks, or misrepresent an affiliation with another person or organization; (f) you will not upload, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the App, any computer software or hardware, or telecommunications equipment; and (g) you are further prohibited from using any data mining, crawlers, spiders, robots or similar data gathering, scraping or extraction methods in connection with the App.
By uploading or submitting any User Content on or through the App, you hereby grant to Media.Monks, for the entire duration of copyright protection in your country of residence, a non-exclusive, sub-licensable, transferable, worldwide, fully-paid, royalty free license to use, host, run, modify, reproduce, distribute, translate, modify, publish, transmit, and display such User Content in connection with providing the App, including the services and features therein, in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. Without limiting the foregoing, this license includes permitting Media.Monks to: (i) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms and reports based on access to and use of User Content; (ii) use, enhance, personalize, exhibit, broadcast, publish, publicly display, publicly perform, distribute, create derivative works of, promote, copy, store, and/or reproduce (in any form) User Content on or through the App; (iii) use User Content to test Media.Monks’ internal technologies and processes; and (iv) use User Content for marketing or other commercial purposes. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to the User Content submitted by you on the App or otherwise have the right to grant the license set forth herein, and the disclosure of any User Content you submit, and the license granted to Media.Monks hereunder thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You further represent that all information provided by you through this App is true and accurate.
4. Accounts, Passwords, and Security
Certain areas of the App require registration or otherwise ask you to provide information to participate in certain features or access certain content or services, such as name and email address. If you elect not to provide such information, you may not be able to access certain content, features or services of the App, or any features at all.
If the App requires you to create an account (“User Account”) or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid e-mail address and choose a sufficiently strong password. It is your responsibility to select a secure password, and to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your User Account. You agree to notify Media.Monks immediately of any unauthorized use of your User Account. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the App. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the App. Media.Monks is not liable for any loss that you may incur as a result of someone else using your password or User Account, either with or without your knowledge. If you suspect your login credentials have been compromised, please notify us immediately. Media.Monks is not responsible for any delay in shutting down your User Account after you have reported a breach of security to us.
By creating a User Account, you agree to receive service-related electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that Media.Monks sends to you electronically will satisfy any legal communication requirements for communication to be in writing.
You agree that Media.Monks may collect and use technical and usage data and related information, including but not limited to technical information about your device, date and time of App access, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. You grant Media.Monks the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Media.Monks believes you may be interested, including working with other parties who provide targeted advertising content.
5. Application Updates
Media.Monks may make available for download certain App updates or upgrades to the App to update, enhance or further develop the App (“Application Updates”). The license granted herein allows you to download and use the Application Updates to update the App on any device that you own or control. These Terms do not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by Media.Monks.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the App, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, Application Updates, or any part thereof. Any attempt to do so is a violation of the rights of Media.Monks and its licensors of the App and Application Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The App and Application Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
Media.Monks may, at its discretion, automatically download Application Updates to your device. You agree to accept these Application Updates, and to pay for any costs associated with receiving them. The App and Application Updates are subject to export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the App and Application Updates. These laws include restrictions on destinations, end users and end use.
6. Mobile Service, Internet and Service Fees
The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application Updates, from Media.Monks, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the App.
The App may not work with all devices or all mobile carriers. Media.Monks makes no representations that the App will be compatible with or provided by all mobile carriers. In the event that fees are charged for the App, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
7. Disclaimer of Representations and Warranties
Media.Monks makes no representations or warranties about the reliability of the features of this App, the Media.Monks Content or any other App feature and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems or use of the App will be at your own risk. Media.Monks makes no representations regarding the amount of time that any Media.Monks Content will be preserved. Media.Monks makes no representation or warranties that any material, images, applications, or files obtained from or through the App are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses and/or concerning inaccuracies, typographical errors or other defects on the App or applications or material available on or through App. You agree to use this App, applications, and functions at your own risk.
Media.Monks does not endorse, verify, evaluate, or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any Apps which contain or suggest an endorsement by Media.Monks (including its personnel and owners) without the prior review and written approval of Media.Monks.
Media.Monks cannot guarantee the continuous, uninterrupted, or error-free operability of the App. There may be times when all of (or certain features, parts, or content of) the App become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended, or withdrawn. Such modifications, suspensions, and withdrawals are in Media.Monks’ sole discretion and may be without notice to you. You agree that Media.Monks will not be liable to you or to any third-party for any unavailability, modification, suspension, or withdrawal of any of the App, or any features, parts, or content of the App.
THIS APP AND ALL MEDIA.MONKS CONTENT THEREIN ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE SERVICES, INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF SECURITY, UNINTERRUPTED, OR ERROR-FREE ACCESS OR USE OF THE SERVICES.
THE APP AND ALL MEDIA.MONKS CONTENT OBTAINED BY YOU THROUGH THE APP, INCLUDING THE LINKED WEBSITES (AS DEFINED BELOW) IS OBTAINED AT YOUR OWN DISCRETION AND RISK. AS SUCH YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION ON THE SERVICES OR ANY LINKED WEBSITE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MEDIA.MONKS, OR MEDIA.MONKS ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS APP, NOR SHALL MEDIA.MONKS OR MEDIA.MONKS ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MEDIA.MONKS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS APP’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES WILL MEDIA.MONKS OR MEDIA.MONKS ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP, EVEN IF MEDIA.MONKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS MAY PROHIBIT OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY, CERTAIN IMPLIED WARRANTIES, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS UNDER APPLICABLE LAW. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.
ANY SERVICES DESCRIBED ON THE APP ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE APP IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
9. Indemnity.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Media.Monks, and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Media.Monks Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind and nature whatsoever, whether known or unknown, that are caused by, arise out of or are related to (a) your use or misuse of the App and any content, activity, or information accessible therefrom, (b) your violation of these Terms, and/or (c) your violation of any right(s) of any third party or any applicable law, regulation, rule, order or directive. You agree to promptly notify Media.Monks of any claim(s) and shall cooperate fully with Media.Monks Parties in defending such claims. You further agree that Media.Monks Parties shall have control of the defense or settlement of any third-party claims.
10. Third-Party Websites and Third-Party Materials
The App may contain links to other third-party websites and/or applications or otherwise re-direct you to other third-party websites, applications, or services (collectively, the “Third-Party Websites”). The Third-Party Websites are not under Media.Monks’ control and Media.Monks is not responsible for any Third-Party Website, including, but not limited to, any content contained in a Third-Party Website or any changes or updates to a Third-Party Website. The Third-Party Websites may require you to agree to additional terms and conditions between you and such third party. When you click on a link to a Third-Party Website, Media.Monks may not warn you that you have left the App and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. MEDIA.MONKS IS NOT RESPONSIBLE FOR ANY SUCH TERMS AND CONDITIONS OR ANY DAMAGES YOU MAY INCUR BY USING THE THIRD-PARTY WEBSITES. Media.Monks provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to the Third-Party Websites or their products or services. You use all links in the Third-Party Websites at your own risk.
Portions of the App may include material provided by third parties, in which intellectual property rights subsist (“Third-Party Materials”). The licensors of such Third-Party Materials retain all of their respective rights, title, and interest in and to such Third-Party Materials and all copies thereof, including, but not limited to, any and all intellectual property rights. The use of this Third-Party Material and the associated rights are subject to separate license terms, in which case those license terms will govern the usage of such Third-Party Materials, as applicable and are hereby acknowledged by You, except and then solely to the extent that the foregoing acknowledgment is ineffective in certain countries/states/ provinces/jurisdictions.
11. Binding Arbitration
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding).
You and Media.Monks agree that any controversy or claim (except for any claim of infringement, breach of confidentiality, or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to these Terms, the App, and/or use of the App, as well as all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Commercial Rules”) by a sole arbitrator, unless otherwise agreed by the parties. You can access the Commercial Rules at https://www.adr.org/Rules or by calling +1 800-778-7879. You and Media.Monks shall endeavor to agree upon the arbitrator, and if you and Media.Monks fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Rules. The place, or legal seat of arbitration, shall be in the State of New York, USA, and the language of the arbitration shall be English.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law (other than to legal or professional advisors, witnesses, or experts acting pursuant to a duty of confidentiality). Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than legal or professional advisors, witnesses or experts acting pursuant to a duty of confidentiality), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed or kept confidential to the extent permitted by law.
WAIVER OF CLASS ACTIONS: YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NOT AS A MASS ARBITRATION. NO ARBITRATION YOU COMMENCE HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS. Each party shall bear its own arbitration filing fees.
12. App Stores
The App may be obtained through a third-party distribution platform (e.g., Apple or Google) (each a “App Store”) and is to be used solely on a mobile device owned or controlled by you that operates such third party’s operating system. Your use of the App is subject to the relevant App Store’s terms and conditions set forth below.
Apple. By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that the Terms are entered into by and between Media.Monks and you and not with Apple. Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the App is considered the “Licensed Application” as defined in the LAEULA and Media.Monks is considered the “Application Provider” as defined in the LAEULA. If any of these Terms conflict with the terms of the LAEULA, the terms of these Terms shall control.
Google Play. By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play. You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Media.Monks or you (or any other user) under these Terms or the Google Play Terms.
13. Miscellaneous
Both you and Media.Monks acknowledge and agree that no partnership is formed and neither of you nor Media.Monks has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of the State of New York without regard to conflicts of laws principles.
By using this App, you hereby agree that any and all disputes regarding these Terms and/or the App not subject to the arbitration provision set forth above will be subject to the state and federal courts located in the State of New York, USA.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS APP AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms. 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 App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In certain areas of our App, you may be given the ability to provide us with personal data. Please read our Privacy Policy found at: https://media.monks.com/privacy-policy for more information about our information collection and use practices.
The failure of Media.Monks to comply with these Terms because of an act of God, epidemic, outbreak, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities or for any other reason beyond the reasonable control of Media.Monks, shall not be deemed a breach of these Terms.
If Media.Monks fails to act with respect to your breach or anyone else’s breach on any occasion, Media.Monks is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but Media.Monks may assign them without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
These Terms constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and Media.Monks. These Terms constitute the entire agreement between you and Media.Monks regarding the use of the App and your account. By accepting these Terms, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Questions?
If you have any questions about our Terms, please contact us at:
Media.Monks, Inc.
535 W 24th St 4th floor, New York, NY 10011