TERMS AND CONDITIONS OF USE
Last Updated: January 15, 2013
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 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;
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
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.
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.
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).
Cancellation, Termination, Transfer, and Expiration of Account or Services
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.
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.
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.
Third Party Software
Jurisdiction, Applicable Law, and Limitations
P.O. Box 50783
Kalamazoo, MI 49005.