TERMS AND CONDITIONS OF USE
Welcome to the Monsterpin website including any and all domains and sub-domains found on this website (the “Website”), these terms and conditions govern your use as a user of this Website. This Website is the exclusive property of Monsterpin Information Exchange, Inc.
PLEASE READ THE TERMS AND CONDITIONS OF WEBSITE USE CAREFULLY BEFORE USING THE WEBSITE. ANY USE OF THIS WEBSITE OR THE MATERIALS OR ANY PORTION THEREOF OF THE WEBSITE SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS OF WEBSITE USE AND THE PRIVACY STATEMENT (ADD IN HOT BUTTON TO PRIVACY STATEMENT). BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS OF USE. IF YOU DISAGREE OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE DO NOT USE THIS WEBSITE OR ANY OF ITS SERVICES.
MONSTERPIN INFORMATION EXCHANGE, INC. (“MONSTERPIN”) RESERVES THE RIGHT AT ITS SOLE DISCRETION TO AMEND OR CHANGE THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS OR CHANGES SHALL BE EFFECTIVE AS OF THE DATE IN WHICH THEY ARE POSTED ON THE WEBSITE. YOU AGREE TO BE BOUND BY SUCH AMENDMENTS AND CHANGES MADE FROM TIME TO TIME AND YOUR CONTINUED USE OF THE WEBSITE SHALL CONSTITUTE AGREEMENT TO BE BOUND BY THESE REVISED TERMS AND CONDITIONS OF USE.
Monsterpin invites users of the Website to send in your questions or comments regarding the Website and its services, or to bring to our attention any information, materials or links that you believe to be inaccurate to firstname.lastname@example.org.
1. PURPOSE OF THE WEBSITE
1.1 The purpose of this Website to offer an interactive campus media system for students and local businesses but is not intended to meet the needs of any particular user. Monsterpin encourages you to access this Website and to encourage others to access or how to find the Website. This Website is controlled and operated by Monsterpin from its offices within the Province of British Columbia, Canada. Monsterpin makes no representation that the Website and Website Materials are appropriate or available for use in other locations. It is your responsibility to ensure that your use of the Website is in compliance with local laws and the extent to which local laws are applicable.
1.2 Registration - To obtain full access to our services, you need to register with us. You agree that the information you supply during that registration process will be accurate and complete and that you will not register nor attempt to enter the service under the name, mailing address, email address, telephone number, or other personal information of, another person. Monsterpin reserves the right to reject or terminate any user that, in our judgment, submits information that Monsterpin deems offensive or inaccurate. You agree that you are responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.
2. OWNERSHIP OF WEBSITE AND WEBSITE MATERIALS
The Website, its design, images, and content are owned, operated and is the exclusive property of Monsterpin and contains copyrighted material, trademarks, and other proprietary intellectual property. Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law as well as international copyright treaties and multilateral and bilateral agreements protect this Website. Unauthorized reproduction of it, or any portion of it, may result in severe civil and criminal law penalties. Monsterpin shall enforce these intellectual property rights to the fullest extent of the law.
3. RIGHT TO USE WEBSITE AND WEBSITE MATERIALS
3.1 You, as a user of this Website, are entitled to use the Website and Website Materials to access the services and programs offered on the Website for personal or commercial purposes. The right to use the Website and Website Materials shall not constitute any transfer of any right, title or interest in and to the Website and Website Materials and such use shall not be considered as granting, directly or indirectly, any license to use the Website or Website Materials for any other purpose for the user’s benefit or the benefit of any third party without the express written consent of Monsterpin.
3.2 You are entitled to display, post and or submit materials for use on the Website such as on our message boards, classifieds, file sharing areas or community publishing areas but you warrant that you are the owner of such materials and you agree that you are solely responsible for ensuring that you have rights to such materials. Monsterpin takes no responsibility and disclaims any and all warranties or representations related to such materials.
3.3 In posting or submitting materials for use on the Website such as on our message boards, classifieds, file sharing areas or community publishing areas, you agree to grant Monsterpin a non-exclusive, perpetual royalty-free license to reproduce, modify and redistribute such material in any medium and for any purpose and shall have the right to identify the author of any display, posting or submission by name, email address or screen name as Monsterpin determines in its sole discretion.
3.4 Monsterpin provides a variety of services that you can directly interact with other users such as email services, communication tools, message boards, classifieds, file exchange, polls and public posting areas (“Communication Services”). Monsterpin encourages an open exchange of information and ideas on the Website and wants everyone to enjoy these Communication Services. However, Monsterpin reserves the right in its sole discretion to deny access to any Communication Services to any user who violates these terms and conditions of use or in Monsterpin’s judgment is interfering with the rights of other users or the ability of others to enjoy the Website. Monsterpin also reserves the right in its sole discretion (but assumes no obligation) to delete, move access to, or edit any postings that come to their attention that Monsterpin considers unacceptable, inappropriate, whether for legal or other reasons. Monsterpin does not in the ordinary course of business review private electronic messages that are not addressed to them; however, Monsterpin reserves the right to so do in order to comply with statutory or common law, to enforce these terms and conditions of use or to protect the rights, property, safety of its other users, the public or Monsterpin and its employees, agents, partners and affiliates.
4. RESTRICTIONS ON USE
4.1 With exception of the printing and copying of your own personal information received from the Website, no information or material from the Website or Website Materials may be copied, reproduced, redistributed, republished, uploaded, posted, transmitted, decompiled or compiled in any manner including any electronic form whatsoever except for the purpose specified in 3 above without the express written consent of Monsterpin.
4.2 You may not frame any of the content of the Website or incorporate into another website or other service any of this Website in whole or in part without the express written consent of Monsterpin.
4.3 You shall keep all trademarks, copyright and other proprietary notices or labels of the Website and Website Materials intact.
4.4 You shall not use any trademark or service mark, including logos appearing on the Website without the express written consent of Monsterpin. “Monsterpin” and the Monsterpin logo are the exclusive property of Monsterpin Information Exchange Inc.
4.5 You agree that you shall not acquire any right, title or interest in the Website and Website Materials through use of the Website and agrees to abide by copyright and other proprietary notices contained therein.
4.6 Subject to your right to use the Website and Website Materials, you agree not to copy, transfer, transmit, sublicense or assign the Website or Website Materials over a network, by telephone or electronically using any other means without the express written consent of Monsterpin.
4.7 You agree not to upload, post, email, transmit, distribute to or otherwise disseminate on or through the Website any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or solicitation for goods and services.
4.8 You agree that the following activities on or through the Website or Website Materials are strictly prohibited and shall automatically terminate any and all of your rights to access and use the Website:
5. WARRANTIES AND REPRESENTATIONS
5.1 Monsterpin works hard to make its Website an interesting and enjoyable place. Monsterpin cannot guarantee, however, that users will always find everything to their liking. Monsterpin tries to ensure that that information Monsterpin posts to this Website is both timely and accurate, and that the Communications Services are reliable. Yet despite our efforts, errors may occur from time to time. Before you act on any information you've found on our Website, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR COMMUNICATIONS SERVICE AVAILABLE THROUGH OUR SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY COMMUNICATIONS SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH OUR SITES.
5.2 THE WEBSITE, WEBSITE MATERIALS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR USEAGE OF TRADE. THE ENTIRE RISK OF USE OF THE WEBSITE, WEBSITE MATERIALS OR SERVICES IS WITH YOU. MONSTERPIN DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, WEBSITE MATERIALS AND SERVICES WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE WEBSITE, WEBSITE MATERIALS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IN THE WEBSITE OR WEBSITE MATERIALS DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY MONSTERPIN OR BY A REPRESENTATIVE OF MONSTERPIN SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. MONSTERPIN DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF CORRECTNESS, ACCUARACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTION. SOME STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF SUCH IMPLIED WARRANTIES.
MONSTERPIN DOES NOT WARRANT THE WEBSITE, WEBSITE MATERIALS OR SERVICES AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE WEBSITE AND WEBSITE MATERIALS DOES NOT INCLUDE ANY VIRUS TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
5.3 Monsterpin cannot and does not review every posting made on its message boards, classifieds, and other areas available for public postings. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. Monsterpin doesn’t endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy scepticism and your own good judgment. Monsterpin shall not be responsible for the content, materials posted by users of the Website and requests users to advise Monsterpin of any information or knowledge that they have regarding the improper posting or distribution on and through the Website.
MONSTERPIN SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON WEBSITE THAT LINK WITH THIS WEBSITE OR FROM THIRD PARTIES WEBSITES. MONSTERPIN ALSO SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR INFORMATION PROVIDED, DISPLAYED OR POSTED BY USERS.
5.4 Monsterpin is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites Monsterpin link. A link to another website does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).
6. LIMITATION OF LIABILITY
By using the Website and Website Materials, you assume all liability and risk for use and absolve Monsterpin of any liability for use of the Website and Website Materials. Monsterpin’s entire liability and the user’s entire remedy shall be to discontinue use of the Website and Website Materials. In no event will Monsterpin's liability to you extend to any lost of profits, lost data, lost savings or other special, incidental, economic, indirect or consequential damages arising out of the use or inability to use the Website or Website Materials, or for any claim by any other party, even if Monsterpin has been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL MONSTERPIN BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. SOME STATES AND PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify Monsterpin from and against all claims, liability and expenses, including legal fees and costs arising from any unauthorized use of the Website and Website Materials or from your breach of the Terms and Conditions of Use. You agree to notify Monsterpin immediately upon becoming aware of any unauthorized use of the Website or Website Materials and take all reasonable steps to prevent subsequent unauthorized use. Monsterpin reserves the right, in its sole discretion and at its own expense, to defend any such action or claim and you agree to co-operate fully with any such defence.
8. LINKING AND THIRD PARTY WEBSITES
8.1 You are permitted to establish a “hyperlink” with this Website provided such hyperlink does not in any way state explicitly or implicitly that Monsterpin in any manner sponsors your website.
8.2 The Website incorporates links to other websites; however takes no responsibilities for third party websites in any manner including that the links will be operable and therefore your use of these third party links is entirely at your own risk.
9. Personal Information
By using the Website, you are authorizing Monsterpin to collected information regarding your use of the Website and to retain all such information in accordance with the provisions of the Monsterpin Privacy Statement which forms part of these terms and conditions of use. Should you not wish to give such authorization, then do not use this Website. You acknowledge and agree that Monsterpin cannot ensure or guarantee your privacy on the Website and as result any use of the Website shall be at your sole risk.
10. Survival of Obligations
Your obligations pursuant to the provisions of 2,5, 6 and 7 survive the termination of these terms and conditions of use.
Your right to use this Website and Website Materials is subject to your continued compliance with these terms and conditions of use. This right shall terminate automatically without notice should you breach of these terms and conditions of use. In the event that these terms and conditions of use are terminated, you agree to destroy all materials obtained by you from the Website and any and all copies thereof.
12. General Terms
12.1 Any disputes under these terms and conditions of use shall be governed by the laws of the Province of British Columbia and laws of Canada where applicable, without giving effect to any conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia and the Federal Court of Canada, or any other jurisdiction or courts as may be determined by Monsterpin.
12.2 These terms and conditions of use and any directions, policies, rules or guidelines posted on the Website shall constitute the entire agreement between you and Monsterpin.
12.3 Should Monsterpin waive a provision or right under the Agreement, such waiver does not constitute a waiver of any other provision of the Agreement or any subsequent waiver of a right or provision under this Agreement.
12.4 If any provision of this Agreement or any part of any provision of this Agreement is held by a court of competent jurisdiction, after appeals therefrom have been exhausted, to be unenforceable then the remainder of this Agreement shall continue to be of full force and effect.
12.5 Monsterpin may amend this Agreement at any time. All amendments shall automatically be effective 30 days after they are initially posted on our Website. Your use of our Website and its services following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of Monsterpin.
These terms and conditions of use were last modified on 26FEB2003.