TERMS AND CONDITIONS OF USE

Last Updated: January 15, 2013

 

Please read the following Terms of Use carefully before using Monumark.com (“the Services”). By downloading, viewing, using, accessing, browsing, or submitting any content or material on or to the Services, you agree to comply and be bound by these Terms of Use.

 

If you do not agree to these Terms of Use, you may not use the Services. Monumark reserves the right to modify these Terms of Use at any time without prior notice. You agree that your continued use of the Services now or following modifications in these Terms of Use confirms that you have read, accepted, and agree to be bound by such modifications.

 

The Term “Monumark”, or “monumark.com”, or “us”, or “we”, or “our” refers to the owner of the website, Monumark, LLC. The term “you” refers to a user and/or viewer of our website. The term “website” or “site” refers to the monumark.com world wide website. The term “Services” refers to both the monumark.com world wide website and the mnmrk.com redirect service.

 

User License

 

Scope. Monumark grants you permission to view the Services and to download, integrate via authorized social media application, email, or print individual pages of the Services in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. Monumark reserves the right to revoke this permission at any time for any reason or no reason.

 

User Conduct. You agree:

 

  • to comply with US law and any local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Services;

  • not to use the Services for illegal purposes;

  • not to commit any acts of infringement on the Services or with respect to Services content;

  • not to use the Services to engage in commercial activities;

  • not to copy any content for republication in any other publication, whether in print or on-line;

  • not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;

  • not to upload or transmit viruses or other harmful, disruptive or destructive files.

 

Content of Services

 

Nature of User Material: Some of the Services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, "Submit"), including, but not limited to, images, photos, text, audio files and videos (collectively, "Material"). You agree not to Submit any Material that:

 

  • contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;

  • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;

  • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;

  • contains copyrighted content without the express permission of the owner of the copyrights in the content;

  • infringes any copyright, trademark, patent, trade secret, or other intellectual property right;

  • contains viruses or other harmful, disruptive or destructive files;

  • is not otherwise in compliance with these Terms of Use.

 

User Representations and Warranties: Each time you Submit Material to the Services, you represent and warrant that you have the right to Submit the Material, which means:

 

  • you are the author of the Material, or

  • the Material is not protected by copyright law, or

  • you have express permission from the copyright owner to post the Material to the Services ; and

  • you have the right to grant Monumark the license set out in these Terms of Use; and

  • the Material you Submit does not violate these Terms of Use.

 

User License Grant to Monumark. You grant Monumark a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Monumark.com in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Monumark to include the Material you provide in a searchable format that may be accessed by users of the Services and other websites. You also grant Monumark the right to use the Material and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Services without the need for additional compensation of any sort to you. Monumark does not claim ownership of Material you Submit to the Services.

 

Disclaimer of Responsibility for Material. You acknowledge and agree that Monumark does not control the Material Submitted to monumark.com and that Monumark disclaims any responsibility for such Material. Monumark specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Material. In addition, Monumark does not represent or warrant that any other content or information accessible via the Services is accurate, complete, or current. Price and availability of information is subject to change without notice. Monumark assumes no responsibility or liability for any errors or omissions in the content of the Service.

 

Review & Removal of Material. Monumark reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submitted Material that Monumark believes, in its absolute and sole discretion, may violate these Terms of Use. Monumark also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submitted Material available through the Service for any reason or no reason whatsoever, in its absolute and sole discretion.

 

Proprietary Rights. You acknowledge and agree that the Services contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Monumark. All designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Services are ©2012-2013 Monumark, LLC, all rights reserved.

 

Termination and Modifications to the Services

 

Monumark reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services (or any part thereof), including but not limited to the Services’ features, look and feel, and functional elements.

 

Indemnity

 

You agree to indemnify and hold Monumark, its agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable attorneys’ fees), made by anyone in connection with your use of the Services, with Material or Information you Submit on or through the Services, with any alleged infringement of intellectual property or other right of any person or entity relating to the Services, your violation of these Terms of Use, and any other acts or omissions relating to the Services.

 

DISCLAIMER

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY MONUMARK, LLC, YOU, OTHER USERS, OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONUMARK, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL MONUMARK BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF MONUMARK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. MONUMARK ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES. MONUMARK ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL MONUMARK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MONUMARK, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

 

IF YOU ARE DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.

 

Cancellation, Termination, Transfer, and Expiration of Account or Services

 

You may cancel or terminate your password, account and/or use of the Services, with or without cause at any time, upon providing written notice to Monumark. If you cancel or terminate your account or any Services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or subject Services immediately ceases. Your notice to Monumark of cancellation or termination must be sent via email or conventional mail to Monumark’s address as set forth in these Terms of Use.

 

Monumark, in its sole and absolute discretion, and at any time and with or without prior notice to you may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of any Services for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, Monumark’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or Monumark’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Services about another’s right to establish, use, or maintain an account or Services, Monumark reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.

 

Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any Services, you will have no right to any Material or Information you Submitted, and Monumark may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein. Monumark accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any Services, will be terminated at Monumark’s discretion. You agree that Monumark shall not be liable to you or any third-party for any termination of your access to any Services.

 

Upon suspension, cancellation, or termination of your account or your use of any Service (for whatever reason), there shall be no refund of money you paid to Monumark.

 

Permanence of Material

 

Subject to its suspension, cancellation, and termination rights and rights to remove Material, Monumark represents that each paid Service will remain available through the Services for the duration of specified period of payment, unless: (a) the Services ceases to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of Monumark cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Services. You may at any time ask Monumark to delete without charge a Service that you purchased.

 

Links

 

As a courtesy to you, the Services may offer links to other websites. Some of these websites may be affiliated with Monumark while others are not. Monumark is not responsible for the contents of any website pages created and maintained by organizations independent of Monumark. Visiting any such third-party website pages is at your own risk. Monumark has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Monumark. By using the Services, you acknowledge that Monumark is responsible neither for the availability of, nor the content located on or through any third-party website pages.

 

Trademarks

 

MONUMARK™ is a registered trademark of Monumark, LLC. Such trademark and other marks, logos, and names of Monumark, used on or in connection with the Services may not be used in connection with any product or service that is not under Monumark’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Monumark. All other trademarks not owned by Monumark, LLC that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Monumark.

 

Consideration

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products, services, Material and Information available at or through the Services, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content.

 

Third Party Software

 

If you elect to access any third party software that Monumark makes available in connection with the Services, you understand that you may have to agree to that third party provider’s terms of use or license before you use such software. You also agree that the use of any third party software or content obtained in connection with the Services does not transfer to you any rights, title or interest in or to such software or content, and you agree that you will not use any such software except as expressly authorized under that third party provider’s terms of use or license agreement. By accessing software made available through the Services, you are deemed to agree to the third party provider’s terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party’s terms of use or license agreement, do not download its software.

 

Jurisdiction, Applicable Law, and Limitations

The Services are created and controlled by Monumark, LLC in the State of Michigan, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Michigan, without regard to its conflicts of law provisions. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Monumark makes no claims or assurances that the Services are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use or the Services must be filed in a federal or state court located in Grand Rapids, Michigan, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

 

General

 

Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

 

Entire Agreement. Except as expressly provided in a particular "Legal Notice" or other notice on particular pages of the Services, these Terms of Use, which hereby incorporate by reference the terms of Monumark’s Privacy Policies, constitute the entire agreement between you and Monumark, superseding all prior agreements regarding the Services.

 

No Waiver. The failure of Monumark to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

 

Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

 

Questions

 

Questions regarding the Monumark.com Privacy Policy should be directed to Contact Us or by sending a letter to us via postal mail to the following address:

 

Monumark, LLC

P.O. Box 50783

Kalamazoo, MI 49005.