The following terms and conditions (the “Agreement”) govern all use of the www.monimbus.com website and any applications (together with the Site, the “Application”) provided to you by Monimbus, Inc. (“Monimbus”). The Application is subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
MoNimbus reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. Notwithstanding the foregoing, if User is a for-fee subscriber to the Application (a “Customer”), such changes will go into effect beginning with their next subscription period.
This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.
1. AGE RESTRICTION.
User hereby certifies to MoNimbus that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Application.
Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non-sublicensable to access the application from User’s mobile device solely for the purposes for which the Application is provided. This license is personal to User and User will not use the Application for any commercial purpose.
If User is a Customer, User will pay MoNimbus the service fees in accordance with Contract Room’s pricing policy located at [INSERT URL TO PRICING TERMS] (“Fees”). MoNimbus reserves the right to change the Fees and to institute new charges and Fees at the end of each subscription period. Unless otherwise set forth set forth at [INSERT URL TO PRICING TERMS] or agreed to by the parties in writing, all Fees will be invoiced in advance. Unpaid Fees are subject to a finance charge of 1.5% per month or the maximum permitted by law, whichever is lower, plus all expenses of collection. User hall be responsible for all taxes associated with User’s use of the Application other than taxes based on MoNimbus’ net income.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, MoNimbus shall own all title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.
User shall not (i) submit false information to the Application, (ii) use the Application to libel, defame, threaten, harass, or otherwise harm and third party, or (iii) use the Application for any purpose that is unlawful or prohibited by this Agreement.
In the event User submits any information to the Application, User represents and warrants that User the full right and authority to do so (without any infringement of, or conflict with, the rights of any third party).
5. USER CONTENT.
The Application may permit User to publicly (or in a quasi-publicly – such as to a chat forum for registered Application users) post/publish text, images and other communications (“User Submissions”). User understands that whether or not such User Submissions is published, MoNimbus does not guarantee any confidentiality with respect to any such submissions.
User shall be solely responsible for User’s own User Submissions and the consequences of posting or publishing it. User agrees that MoNimbus has no liability with respect to any User Submissions, including, without limitation, User’s own User Submissions, and User hereby irrevocably release MoNimbus and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
In connection with User’s User Submissions, User affirms, represents, and warrants that (and that User can and will demonstrate to MoNimbus’s full satisfaction upon its request that): (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize MoNimbus to use each and every image and sound contained in each such User Submissions and to enable inclusion and use of such User Submissions in the manner contemplated by the Application and this Agreement; (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site, the Service and this Agreement; and (iii) the posting/publishing of User’s User Submissions on or through the Application or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. User agrees to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by User to or through the Application.
By submitting the User Submissions, or displaying, publishing, or otherwise posting any content on or through the Application, User hereby does and shall grant MoNimbus a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, publicly display, perform, and otherwise fully exploit the User Submissions in connection with the Application and MoNimbus’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) in any media formats and through any media channels. User also hereby does and shall grant each user of the Application a non-exclusive license to access User’s User Submissions through the Application, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Application. For clarity, the foregoing license grant to MoNimbus does not affect User’s other ownership or license rights in User’s User Submissions(s), including the right to grant additional licenses to the material in such User Submissions(s).
In connection with User Submissions, User further agrees that User will not: (i) publish falsehoods or misrepresentations that could damage MoNimbus or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MoNimbus all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country. MoNimbus does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and MoNimbus expressly disclaims any and all responsibility or liability in connection with User Submissions.
MoNimbus reserves the right to decide whether a User Submissions is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. MoNimbus also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by User, or to restrict, suspend or terminate User’s access to all or any part of the Site or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, MoNimbus assumes no responsibility for monitoring the Service for inappropriate content, or modifying or removing such content from the Service.
6. GENERAL CONTENT.
User agrees that the Application contains information and other content specifically provided by MoNimbus or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by MoNimbus in writing, User shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. However, MoNimbus hereby grants User a limited, revocable, non-sublicensable license to reproduce and display such content (excluding any software code); provided, that User retains all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any such content, including any materials or design elements on the Application, for any other purpose is strictly prohibited without the express prior written permission of MoNimbus.
7. APPLE TERMS.
In the event you are using the Application in connection with a device provided by Apple, Inc. (“Apple”), the following shall apply:
7.1 User agrees that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon User’s acceptance of this Agreement, Apple will have the right to (and will be deemed to have accepted the right) to enforce this Agreement against User as the third party beneficiary thereof;
7.2 User acknowledges and agrees that MoNimbus, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
7.3 User acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; and
7.4 In the event of any failure of the Application to conform to any applicable warranty, you agree to notify Apple of such failure. Upon notification Apple will refund the purchase price for the Application (if any) to User.
8. MEMBER DISPUTES.
User is solely responsible for your interactions with other Application users. MoNimbus reserves the right, but has no obligation, to monitor disputes between User and other Application users. If User has a dispute with one or more users of the Application, User shall and hereby does release MoNimbus (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature,