Terms

MadMediaMonkey, LLC. (“Madmediamonkey” or “we”) operates Madmediamonkey.com, which is a social networking platform that allows Members to create unique personal/business profiles online in order to find and communicate with friends and companies. The services offered by MadMediaMonkey include any MadMediaMonkey-branded URL (the "MadMediaMonkey Website"), MadMediaMonkey messaging services (including, without limitation, instant messaging, private messaging, and email services), MadMediaMonkey music and video services, MadMediaMonkey developer services, MadMediaMonkey mobile services, and any other features, content, or applications offered from time to time by MadMediaMonkey in connection with MadMediaMonkey’s business (collectively, the "MadMediaMonkey Services"). The MadMediaMonkey Services are hosted in the United States.

This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the MadMediaMonkeyMadMediaMonkey Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MadMediaMonkey Services, including, without limitation, through a mobile or other wireless device, or otherwise use the MadMediaMonkey Services without being registered) or you are a "Member" (which means that you have registered with MadMediaMonkey). The term "User" refers to a Visitor or a Member. You are authorized to use the MadMediaMonkey Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the MadMediaMonkey Services. By accessing and/or using the Services, you must indicate your acceptance of this Agreement during the registration process.

MadMediaMonkey reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the MadMediaMonkey Services. All material modifications will apply prospectively only. Your continued use of the MadMediaMonkey Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the MadMediaMonkey Services immediately. You may receive a copy of this Agreement by emailing us at: privacy@MadMediaMonkey.com, Subject: Terms of Use Agreement.

1. Eligibility. Use of the MadMediaMonkey Services and registration to be a Member for the MadMediaMonkey Services (“Membership”) is void where prohibited. By using the MadMediaMonkey Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the MadMediaMonkey Services does not violate any Applicable Law. Your profile may be d eleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the MadMediaMonkey Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member´s Account Settings page. MadMediaMonkey may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, MadMediaMonkey reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the MadMediaMonkey Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, MadMediaMonkeyMadMediaMonkey expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the MadMediaMonkey Services if MadMediaMonkey determines, in its sole discretion, that you have violated this Agreement or pose a threat to MadMediaMonkey, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18. reserves the right, in its sole discretion, to reassign or rename your profile URL.

3. Fees. You acknowledge that MadMediaMonkey reserves the right to c harge for any portion of the MadMediaMonkey Services and to change its fees (if any) from time to time in its discretion. If MadMediaMonkey terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify MadMediaMonkey immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use by Members. The MadMediaMonkey Services are for the use of Members and may  be used for direct commercial purposes if they are specifically endorsed or authorized by MadMediaMonkey. MadMediaMonkey reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the MadMediaMonkey Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MadMediaMonkey Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. MadMediaMonkeyMadMediaMonkey Services. reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the

6. Proprietary Rights in Content on MadMediaMonkey.

6.1 MadMediaMonkey  does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on,MadMediaMonkey Services. After posting your Content on, through or in connection with the MadMediaMonkey Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the MadMediaMonkey Services, you hereby grant to MadMediaMonkey a limited license to use, modify, d elete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the MadMediaMonkey Services, including, without limitation, through the MadMediaMonkey Services to applications, widgets, websites or mobile, desktop or other services which are linked with your MadMediaMonkey account (collectively, “Linked Services”), including, without limitation, distributing part or all of the MadMediaMonkey Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by MadMediaMonkey outside the MadMediaMonkey Services and Linked Services. This limited license does not grant MadMediaMonkey the right to sell or otherwise distribute your Content outside of the MadMediaMonkey Services or Linked Services. After you remove your Content from the MadMediaMonkey Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.  Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the MadMediaMonkeyMadMediaMonkey is under no obligation to d elete or ask other Users or a Linked Service to d elete that Content, and therefore it may continue to appear and be used indefinitely. through or in connection with the Services,

6.2 The license you grant to MadMediaMonkey is non-exclusive (meaning you are free to license your Content to anyone else in addition to MadMediaMonkey), fully-paid and royalty-free (meaning that MadMediaMonkey is not required to pay you or anyone else deriving rights from you for the use on the MadMediaMonkeyMadMediaMonkey is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the MadMediaMonkey Services), and worldwide (because the Internet and the MadMediaMonkey
Services of the Content that you post), sublicensable (so that Services are global in reach).

6.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the MadMediaMonkey, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the MadMediaMonkey Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the MadMediaMonkey Services and/or Linked Services.
Services

6.4 TheMadMediaMonkey  Services contain Content of MadMediaMonkey ("MadMediaMonkey Content"). MadMediaMonkey Content is protected by copyright, trademark, patent, trade secret and other laws, and MadMediaMonkey owns and retains all rights in the MadMediaMonkey Content and the MadMediaMonkey Services. MadMediaMonkey hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MadMediaMonkey Content (excluding any software code) solely for your personal use in connection with viewing the MadMediaMonkey Website and using the MadMediaMonkey Services.

6.5 The MadMediaMonkey Services contain Content of Users and other MadMediaMonkey licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the MadMediaMonkey
Services.

6.6 MadMediaMonkey performs technical functions necessary to offer the MadMediaMonkey Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the MadMediaMonkey Services. In addition, you agree and acknowledge that MadMediaMonkey may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the MadMediaMonkey Services. You can control what type of communications you receive from the MadMediaMonkey Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions.

6.7 MadMediaMonkey reserves the right to limit the storage capacity of Content that you post on, through or in connection with the MadMediaMonkey Services.

7. Content Posted.
Please choose carefully the information that you post on, through or in connection with the MadMediaMonkey Services and that you provide to other Users. Your MadMediaMonkey profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other MadMediaMonkey Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and MadMediaMonkey assumes no responsibility or liability for this material. If you become aware of misuse of the MadMediaMonkey Services by any person or Linked Service, please click on the "Contact MadMediaMonkey” or the “Report Abuse” link at the bottom of the MadMediaMonkey Website pages.

7.1MadMediaMonkey  may reject, refuse to post or d elete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of MadMediaMonkey violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. MadMediaMonkey assumes no responsibility for monitoring the MadMediaMonkey Services for inappropriate Content or conduct. If at any time MadMediaMonkey chooses, in its sole discretion, to monitor the MadMediaMonkey Services, MadMediaMonkey nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

7.2 You are solely responsible for the Content that you post on, through or in connection with any of the MadMediaMonkey Services, and any material or information that you transmit to other Members and for your interactions with other Users.

8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the MadMediaMonkey Services. MadMediaMonkey reserves the right to investigate and take appropriate legal action against anyone who, in MadMediaMonkey´s sole discretion, violates this provision, including, without limitation, removing the offending Content from the MadMediaMonkey Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of MadMediaMonkey:

8.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

8.2 harasses or advocates harassment of another person;

8.3 exploits people in a sexual or violent manner;

8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

8.5 solicits or is designed to solicit personal information from anyone under 18;

8.6 publicly posts information that poses or creates a privacy or security risk to any person;

8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.8 constitutes or promotes an illegal or unauthorized copy of another person´s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);