Terms and Conditions of Use
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Terms of use of FreeTabletMonkey.com
Last update: March 22, 2012
1. BINDING EFFECT. This is a binding agreement. By using the Internet site located
at http://www.freetabletmonkey.com (the “Site”) or any services provided in connection
with the Site (the “Service”), you agree to abide by these Terms of Use, as they
may be amended by Kaleo Pacific, LLC (“Company”) from time to time in its sole discretion.
Company will post a notice on the Site any time these Terms of Use have been changed
or otherwise updated. It is your responsibility to review these Terms of Use periodically,
and if at any time you find these Terms of Use unacceptable, you must immediately
leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY
USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU
ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the
treatment of your personal information. A complete statement of Company’s current
privacy policy can be found by clicking the “privacy” link at the bottom of the
page. Company’s privacy policy is expressly incorporated into this Agreement by
this reference.
3. USE OF SOFTWARE. Company may make certain software available to you from the
Site. If you download software from the Site, the software, including all files
and images contained in or generated by the software, and accompanying data (collectively,
“Software”) are deemed to be licensed to you by Company, for your personal, noncommercial,
home use only. Company does not transfer either the title or the intellectual property
rights to the Software, and Company retains full and complete title to the Software
as well as all intellectual property rights therein. You may not sell, redistribute,
or reproduce the Software, nor may you decompile, reverse-engineer, disassemble,
or otherwise convert the Software to a human-perceivable form. All trademarks and
logos are owned by Company or its licensors and you may not copy or use them in
any manner.
4. USER CONTENT. You grant Company a license to use the materials you post to the
Site or Service. By posting, downloading, displaying, performing, transmitting,
or otherwise distributing information or other content (“User Content”) to the Site
or Service, you are granting Company, its affiliates, officers, directors, employees,
consultants, agents, and representatives a license to use User Content in connection
with the operation of the Internet business of Company, its affiliates, officers,
directors, employees, consultants, agents, and representatives, including without
limitation, a right to copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate, and reformat User Content. You will not be compensated
for any User Content. You agree that Company may publish or otherwise disclose your
name in connection with your User Content. By posting User Content on the Site or
Service, you warrant and represent that you own the rights to the User Content or
are otherwise authorized to post, distribute, display, perform, transmit, or otherwise
distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using
the Service, you agree to obey the law and to respect the intellectual property
rights of others. Your use of the Service and the Site is at all times governed
by and subject to laws regarding copyright ownership and use of intellectual property.
You agree not to upload, download, display, perform, transmit, or otherwise distribute
any information or content (collectively, “Content”) in violation of any third party’s
copyrights, trademarks, or other intellectual property or proprietary rights. You
agree to abide by laws regarding copyright ownership and use of intellectual property,
and you shall be solely responsible for any violations of any relevant laws and
for any infringements of third party rights caused by any Content you provide or
transmit, or that is provided or transmitted using your User ID. The burden of proving
that any Content does not violate any laws or third party rights rests solely with
you.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available.
You agree not to upload, download, display, perform, transmit, or otherwise distribute
any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or
threatening; (b) advocates or encourages conduct that could constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable local,
state, national, or foreign law or regulation; or (c) advertises or otherwise solicits
funds or is a solicitation for goods or services. Company reserves the right to
terminate your receipt, transmission, or other distribution of any such material
using the Service, and, if applicable, to delete any such material from its servers.
Company intends to cooperate fully with any law enforcement officials or agencies
in the investigation of any violation of these Terms of Use or of any applicable
laws.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures
regarding allegations of copyright infringement occurring on the Site or with the
Service. Please visit our DMCA Policy link at the bottom of the site pages to view
our Digital Millennium Copyright Act takedown policies and to make a claim of infringement.
Company’s DMCA Policy is expressly incorporated into this Agreement by this reference.
8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service
and/or the Site. To ensure that Company provides a high quality experience for you
and for other users of the Site and the Service, you agree that Company or its representatives
may access your account and records on a case-by-case basis to investigate complaints
or allegations of abuse, infringement of third party rights, or other unauthorized
uses of the Site or the Service. Company does not intend to disclose the existence
or occurrence of such an investigation unless required by law, but Company reserves
the right to terminate your account or your access to the Site immediately, with
or without notice to you, and without liability to you, if Company believes that
you have violated any of the Terms of Use, furnished Company with false or misleading
information, or interfered with use of the Site or the Service by others.
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE
SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY
AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE.
10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING,
BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF
OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED
TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages
arise out of breach of contract, tort, or any other legal theory or form of action.
11. AFFILIATED SITES. Company has no control over, and no liability for any third
party websites or materials. Company works with a number of partners and affiliates
whose Internet sites may be linked with the Site. Because neither Company nor the
Site has control over the content and performance of these partner and affiliate
sites, Company makes no guarantees about the accuracy, currency, content, or quality
of the information provided by such sites, and Company assumes no responsibility
for unintended, objectionable, inaccurate, misleading, or unlawful content that
may reside on those sites. Similarly, from time to time in connection with your
use of the Site, you may have access to content items (including, but not limited
to, websites) that are owned by third parties. You acknowledge and agree that Company
makes no guarantees about, and assumes no responsibility for, the accuracy, currency,
content, or quality of this third party content, and that, unless expressly provided
otherwise, these Terms of Use shall govern your use of any and all third party content.
12. PROHIBITED USES. Company imposes certain restrictions on your permissible use
of the Site and the Service. You are prohibited from violating or attempting to
violate any security features of the Site or Service, including, without limitation,
(a) accessing content or data not intended for you, or logging onto a server or
account that you are not authorized to access; (b) attempting to probe, scan, or
test the vulnerability of the Service, the Site, or any associated system or network,
or to breach security or authentication measures without proper authorization; (c)
interfering or attempting to interfere with service to any user, host, or network,
including, without limitation, by means of submitting a virus to the Site or Service,
overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the
Site or Service to send unsolicited e-mail, including, without limitation, promotions,
or advertisements for products or services; (e) forging any TCP/IP packet header
or any part of the header information in any e-mail or in any posting using the
Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble,
or otherwise reduce or attempt to reduce to a human-perceivable form any of the
source code used by Company in providing the Site or Service. Any violation of system
or network security may subject you to civil and/or criminal liability.
13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions.
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers,
directors, employees, consultants, agents, and representatives from any and all
third party claims, losses, liability, damages, and/or costs (including reasonable
attorney fees and costs) arising from your access to or use of the Site, your violation
of these Terms of Use, or your infringement, or infringement by any other user of
your account, of any intellectual property or other right of any person or entity.
Company will notify you promptly of any such claim, loss, liability, or demand,
and will provide you with reasonable assistance, at your expense, in defending any
such claim, loss, liability, damage, or cost.
15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and
governed by the laws of the United States and the State of California, without reference
to their rules regarding conflicts of law. You hereby irrevocably consent to the
exclusive jurisdiction of the state or federal courts in San Diego, California in
all disputes arising out of or related to the use of the Site or Service.
16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction
finds any term or condition in these Terms of Use to be unenforceable, all other
terms and conditions will remain unaffected and in full force and effect. No waiver
of any breach of any provision of these Terms of Use shall constitute a waiver of
any prior, concurrent, or subsequent breach of the same or any other provisions
hereof, and no waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.
17. NO LICENSE. Nothing contained on the Site should be understood as granting you
a license to use any of the trademarks, service marks, or logos owned by Company
or by any third party.
18. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its
offices in the State of California. Company makes no representation that any of
the materials or the services to which you have been given access are available
or appropriate for use in other locations. Your use of or access to the Site should
not be construed as Company’s purposefully availing itself of the benefits or privilege
of doing business in any state or jurisdiction other than California.
19. MODIFICATIONS. Company may, in its sole discretion and without prior notice,
(a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue
the Site and/or Service at any time. Company shall post any revision to these Terms
of Use to the Site, and the revision shall be effective immediately on such posting.
You agree to review these Terms of Use and other online policies posted on the Site
periodically to be aware of any revisions. You agree that, by continuing to use
or access the Site following notice of any revision, you shall abide by any such
revision.
20. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.