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Welcome to the monalle.com website (the “Site”). PLEASE READ THESE TERMS OF USE (the “Terms”) CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE. This Site is subject to the Terms, which may be updated by us from time to time without notice to you. In addition, you shall be subject to any posted guidelines or rules applicable to the Site which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

1. Registration

You are granted the limited right to view and use the Site only for the purposes of viewing or playing content such as films, games, articles, placing product orders, or for accessing information and services. We reserve the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site.

2. Limited License to Site

If you violate these Terms, we may terminate or cancel your access rights to the Site immediately without notice. We may also block your use of the Site. We reserve the right at any time to modify or discontinue the Site or any part thereof and you agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof. This license is limited to personal and non-commercial use by you. Any rights not expressly granted to you herein are reserved to us. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this Site.

a) Unless you have received specific written permission from us, you may not alter or modify the site or any content on the Site.

b) You agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.

c) You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature (“Materials”) that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated.

d) Any materials you submit to the site shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.

e) You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

f) You shall not act in a manner that negatively affects other users’ ability to interact with the Site.

g) You shall not collect or store personal data about other users.

You acknowledge that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Materials. Without limiting any of our rights, we and our designees shall have the right to remove any Materials that violate the Terms or are otherwise objectionable, as well as terminate your access to the Site. Your usage of the site denotes that you agree that we have no liability or responsibility for the storage or deletion of any Materials that you or any other persons submit. We reserve the right to change these general practices and limits at any time in our sole discretion.

3. Privacy Policy

Information that you submit is subject to our Privacy Policy. For more information, see our full Privacy Policy. Your use of the Site is your consent to the Privacy Policy.

4. Competitions

From time to time, we may conduct competitions in which we may award various prizes. You agree that if you participate in any competitions, you will abide by all the rules and be subject to all the terms and conditions of such contest, in addition to these Terms.

5. International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States and the country in which you reside.

6. Indemnity

You agree to indemnify and hold us, Monalle.com, our affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorney fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party’s rights including such party’s copyrights and trademarks.

6a. Disclaimer Of Warranties: Much of the information on our site is received from third parties. We cannot be responsible for ensuring that the information they provide us is accurate or that it does not infringe the rights of someone else. THE SITE AND RELATED APPLICATIONS, MATERIALS AND SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND

(B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. IN ADDITION, WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Assumption of Risks

YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS SITE, READING COMMENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS SITE YOU MAY BE OFFENSIVE OR OBJECTIONAL LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

8. No Incidental, Consequential or Other Damages

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Limitation of Liability and Exclusive Remedy

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY US OR ANY OF OUR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO US. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Links; Advertisers

The Site contains links to third party sites that are not under our control and we not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. We provide links only as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11. General Practices Regarding Use and Storage

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You acknowledge that we reserve the right to suspend your user privileges at any time with or without notice for any reason.

12. Our Proprietary Rights

You acknowledge and agree that the Site and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the site; provided that you do not modify the Site in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Site.

13. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.

14. Notice and Amendments

We may provide you with notices, including those regarding changes to these Terms, by either e-mail, regular mail, or postings on the Site. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your use of the site and refrain from using the Site’s materials. Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to Monalle care of our legal team at:

Meritica, LLc, 202 S Lake Street Suite k, Boyne City, Michigan, USA, 49712

or as to a successor address that we make available on the Site or through other reasonable manner. If applicable law requires that we accept e-mail notices (but not otherwise), then you may send us e-mail notice at: hello@monalle.com. With respect to our notices to you, we may provide notice of amendments by posting them in the Site and you agree to check for changes.

15. Digital Millennium Copyright Act

We make every effort to observe and comply with all domestic and international copyright laws. It is our clear intention to display only works to which we have the full permission and license of the originator, copyright holder, trademark holder, or patent holder. In the event that material has been submitted to us in impropriety we will make every effort to remove said material upon verification of authorship. To these ends:

It is our policy to respond to clear notices of alleged copyright infringement. This section (section 15) describes the information that should be present in these notices. Our response to these notices may or may not include removing or disabling access to material claimed to be the subject of infringing activity during the period of contestation. All notices of alleged copyright infringement will be documented along with our responses to such notices. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.

See http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold for more information.

If you are a copyright owner or an agent thereof and believe that any file or other content or link infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) which is incorporated by reference):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Monalle has authorized Meritica, LLC as our DMCA Copyright Agent and authorized Meritica, LLC to receive Digital Millennium Copyright Act notifications of claimed infringement at:

Monalle DMCA Agent

c/o Meritica, llc

202 South Lake Street Suite K

Boyne City, MI

USA, 49712

For clarity, only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

In some instances and where feasible one may supply a counter-notification as indicated on the form below. The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

Here is a DMCA form you may use for efficiency:

Identify the material that you claim is infringing the copyrighted work

FOR WEB OR INTERNET SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE OR FILE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.

For example, suppose (hypothetically) that you conducted a search on Monalle.com using the query “ABC”, and found that the third and fourth results directly link to a web page or file that you believe infringes the copyrighted text. In this case, you would provide the following information:

Search Query: ABC
Infringing Web Pages/Files: www.monalle.com/category/post1-name
www.monalle.com/category/post2-name

If you are sending a large number of URLs in one removal request, please also send an electronic copy of the notice to: info@monalle.com

Provide information reasonably sufficient to permit Monalle to contact you (email address is preferred).

Provide information, if possible, sufficient to permit Monalle to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

Sign the paper.

Send the written communication to the following address:

Monalle DMCA Agent

c/o Meritica, llc

202 South Lake Street Suite K

Boyne City, MI

USA, 49712

Counter Notification

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found here: DMCA Counter Example.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

Identify the specific URLs or other unique identifying information of material that Monalle has removed or to which Monalle has disabled access.

Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”

Sign the paper.

Send the written communication to the following address:

Monalle DMCA Agent

c/o Meritica, llc

202 South Lake Street Suite K

Boyne City, MI

USA, 49712

16. General Information

Entire Agreement:

These Terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

17. Violations

Please report any violations of these Terms to us at hello@monalle.com

Revised: 14th June 2010