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This is the
legal part of the show. It's just so everybody knows the rules for
Monopets.com on the Web. Be sure to get your parents to look at
and discuss these rules with you:
1. All the toys
and games here are just for you to play with. You can't sell them,
give them to anyone, or pretend you made them. You can't do anything
EXCEPT play with them, unless you ask us first and we say it's OK.
Kind of like playing with your big brother's toys?
2. If you see
something you don't like, remember that all the stuff on the message
boards and chat rooms comes straight from others like you, not from
someone at Monopets.com. Monopets.com wouldn't tell you what to
say, because you have minds of your own! But if someone sends ugly
messages, we'll do our best to take care of it. We all want Monopets.com
to be a good, clean place.
3. If you write
something that catches our eye on a message board or in a chat room,
we might want to use it on the site. By sending in your thoughts
and hanging out in the chat rooms, and getting your parent’s permission
to do so, you and your parents are telling us it's ok to repeat
what you say. It's even ok to put it in an advertisement. It means
we can use it in any way we want, anywhere, until the end of time.
And wouldn't it be cool if we used something YOU said until the
end of time?
Remember to
ALWAYS check with your parents before you send anything to us. After
all, they might want it to put on the fridge! Of course, the lawyers
in the legal office have their own way of saying all that. Here's
their version (also known as The Small Print):
PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the
"Site"). This Site at Monopets.com is fully controlled and operated
by Monopets.com. By accessing and using this Site, you are hereby
agreeing to be legally bound by the terms and conditions of Monopets.com
. If you do not agree with all of the following terms and conditions,
please do not use this Site. We reserve the right, at our sole discretion,
to change, modify or otherwise alter these terms and conditions
at any time. Such changes and/or modifications shall become effective
immediately upon the posting thereof. Please review the terms and
conditions periodically. Your continued use of the Site following
the posting of changes and/or modifications will constitute your
acceptance of the revised terms and conditions.
OWNERSHIP OF
INTELLECTUAL PROPERTY All site software, design, text, images, photographs,
illustrations, audio clips, video clips, artwork, graphic material,
or other copyrightable elements, and the selection and arrangements
thereof, and trademarks, service marks and trade names (the "Material")
are the property of Monopets.com and/or its subsidiaries, affiliates,
assigns, licensors or other respective owners and are protected,
without limitation, pursuant to U.S. and foreign copyright and trademark
laws. Monopets.com hereby grants you a personal, non-exclusive,
non-assignable and non-transferable license to use and display,
for noncommercial and personal use only, one copy of any material
and/or software that you may download from this Site, including,
without limitation, any files, codes, audio or images incorporated
in or generated by the software provided that you maintain all copyright
and other notices contained in such Material. You agree not to reproduce,
modify, create derivative works from, display, perform, publish,
distribute, disseminate, broadcast or circulate any Material to
any third party (including, without limitation, the display and
distribution of the Material via a third party website) without
the express prior written consent of Monopets.com. Use of Monopets.com
and/or its licensors' Material is only permitted with their express
written permission. You further agree that you will not disassemble,
decompile, reverse engineer or otherwise modify the Material. Any
unauthorized or prohibited use may subject the offender to civil
liability and criminal prosecution under applicable federal and
state laws.
CHATROOM / MESSAGE
BOARDS To the extent that portions of this Site provide users an
opportunity to post and exchange information, ideas and opinions
(the "Postings"), please be advised that Postings do not necessarily
reflect the views of Monopets.com . In no event shall Monopets.com
assume or have any responsibility or liability for any Postings
or for any claims, damages or losses resulting from their use and/or
appearance on this Site. You hereby represent and warrant that you
have all necessary rights in and to all Postings you provide and
all information they contain and that such Postings shall not infringe
any proprietary or other rights of third parties or contain any
libelous, tortious, or otherwise unlawful information. You hereby
authorize Monopets.com to use, and authorize others to use, your
Postings in whole or in part, throughout the world in perpetuity
in any and all media, now known or hereafter devised, alone, or
together or as part of other material of any kind or nature. Without
limiting the foregoing, Monopets.com will have the right to use
and change the Postings in any manner that Monopets.com may determine.
Additionally, Monopets.com may sweep its chatrooms and/or message
boards periodically in its sole discretion. Monopets.com does not
allow Postings which contain: private or personal information which
might identify a user profanity or obscenities personal attacks
on other individuals slanderous, defamatory, obscene, pornographic,
threatening and harassing comments; and/or other information that
Monopets.com deems in its sole discretion to be inappropriate for
this Site. The chatrooms/message boards may be used for noncommercial
purposes only. Users may not post any information intended to promote
and/or generate revenue for any third party business activity. Although
Monopets.com periodically monitors the content posted on this Site,
we cannot be responsible for the views or opinions expressed by
third parties. Nonetheless, Monopets.com will make every effort
to ensure that the chatrooms/message boards best serve the interests
of all users and, therefore, Monopets.com reserves the right to
refuse to post, edit, or delete messages that violate the above-referenced
Rules of Participation, as well as revoke the privileges of users
who do not comply with such rules.
CONTESTS, SWEEPSTAKES,
ELECTRONIC POSTCARDS AND OTHER ACTIVITIES Monopets.com provides
Rules of Participation for certain activities on this Site including,
without limitation, contests, sweepstakes and electronic postcards
by Monopets.com and in conjunction with third parties. This Agreement
is incorporated by reference to the specific Rules of Participation
which appear in connection with information about a particular activity.
To the extent that any conflict exists between this Agreement and
specific Rules of Participation, the Rules of Participation for
the activity in which you choose to participate shall govern.
DISCLAIMER AND
LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON
IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Monopets.com is not responsible
or liable for any infections or contamination of your system, or
delays, inaccuracies, errors, or omissions arising out of your use
of this Site or with respect to the information and material contained
on this Site. The entire risk as to the quality, accuracy, adequacy,
completeness, correctness and validity of any material rests with
you.
TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONOPETS.COM , ITS
AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO
THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT
LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL
OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL
IS PROVIDED OR OTHERWISE SUPPLIED BY MONOPETS.COM OR ANY THIRD PARTY.
Notwithstanding the foregoing, in no event shall Monopets.com’s
liability to you for any and all claims, damages, losses, and causes
of action (whether in contract, tort or otherwise) exceed the amount
paid by you, if any, for accessing this Site.
THIRD PARTY
HYPERLINKS The appearance of external hyperlinks and/or postcards
generated by third parties does not constitute endorsement by Monopets.com
, its subsidiaries and affiliates of the opinions or views expressed
by these third party websites and Monopets.com does not verify,
endorse, or take responsibility for the accuracy, currency, completeness
or quality of the content contained at these sites. Furthermore,
Monopets.com is not responsible for the quality or delivery of the
products or services offered, accessed, obtained by or advertised
at such sites. As such, neither Monopets.com nor its subsidiaries
and affiliates will be responsible for any errors or omissions or
for the results obtained from the use of such information contained
in these sites. Finally, Monopets.com will under no circumstances
be liable for any direct, indirect, incidental or special loss or
other damage, whether arising from negligence, breach of contract,
defamation, infringement of copyright or other intellectual property
rights, caused by the exhibition, distribution or exploitation of
any information or content contained within these third party hyperlinked
sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Monopets.com ,
its affiliates, and their respective officers, directors, employees,
agents, licensors, representatives, and third party providers to
the Site from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation
of this agreement by you. Monopets.com reserves the right to assume,
at its sole expense, the exclusive defense and control of any matter
subject to indemnification by you, in which event you will fully
cooperate with Monopets.com in asserting any available defenses.
MISCELLANEOUS
Monopets.com operates and controls this Site from its offices at
109 Lonsdale Main St, Lincoln, RI 02865, United States of America.
This Site is intended for residents of the United States only. No
software from this Site may be downloaded, exported or re-exported
in violation of any law including, without limitation, to countries
that are subject to U.S. export restrictions. This Agreement contains
the entire understanding and supersedes all prior understanding
of the parties hereto relating to the subject matter hereof, and
cannot be changed or terminated orally. If any provision of this
Agreement is found to be illegal or unenforceable, the Agreement
will be deemed curtailed to the extent necessary to make it legal
and enforceable and will remain, as modified, in full force and
effect. This Agreement and all matters or issues collateral thereto
will be governed by, construed and enforced in accordance with the
Laws of the State of Rhode Island applicable to contracts executed
and performed entirely therein (without regard to any principles
of conflict of laws), and jurisdiction for any court action in the
State of Rhode Island.
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