TERMS OF SERVICE (OTHERWISE KNOWN
AS TOS OR SERVICE)
Use of MonkeyTV.com constitutes acceptance of the Terms of Service
If you don't agree to the following then you
need to leave this website now!
Use of MonkeyTV.com constitutes the following:
THE LINKS, VIDEOS AND MATERIALS ON THIS SITE ARE TRANSMITTED AND
DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. TIMES PUBLISHING, LLC
MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND
VALIDITY OF ANY MATERIALS ON THE SITE.
The links, videos and materials provided in this Website are for
entertainment and promotional purposes only. User may not rely on any information and opinions
expressed in them for any other purpose. Neither MonkeyTV.com, Times
Publishing, LLC, nor its partners, affiliates, and their related companies are responsible or
liable for any loss damage (including, but not limited to, actual, consequential, or punitive),
liability, claim, or other injury or cause related to or resulting from any
information, links, videos and materials posted on
MonkeyTV.com.
Some content and videos are for Mature Audiences only.
Information, articles, Press Releases, videos, and links are published as a convenience to
our visitors. MonkeyTV.com and Times Publishing, LLC take no responsibility and give no
guarantees, warranties or representations, implied or otherwise, for the content or
accuracy.
LINKS
The Service may provide, or third parties may provide, videos, and articles in MonkeyTV.com, and/or
links to other World Wide Web sites or resources. Because MonkeyTV.com and Times Publishing, LLC,
has no control over such videos, articles, sites and resources, you acknowledge and agree that
MonkeyTV.com and Times Publishing, LLC are not responsible for the content, or availability of such
content, external sites or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials, or available from other such sites or
resources. You further acknowledge and agree that MonkeyTV.com and Times Publishing, LLC shall not
be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods or services available
on or through MonkeyTV.com and Times Publishing, LLC, and any such externally linked site or
resource.
COPYRIGHT
You acknowledge that MonkeyTV.com may contain Videos, Links, descriptions, logos,
trademarks and other material that are protected by copyright, trademark or other proprietary
rights (the "Intellectual Property") of third-party content providers. You may not copy, reproduce,
alter or otherwise use the Intellectual Property without written permission from the appropriate
third party content provider.
Copyright Infringement. If you believe Our activities infringe on your copyright or
other intellectual property rights, please inform us immediately. It is our policy to
cooperate with all content providers regarding the protection of intellectual property.
Further, it is our policy to promptly respond to notices of alleged infringement of copyright
and other applicable intellectual property laws, including the removal or disabling of access
to material claimed to be the subject of infringing activity. Pursuant to the Digital
Millennium Copyright Act of 1998, For notice of alleged copyright infringement please contact
timespublishing.com for immediate resolution.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree that MonkeyTV.com and
Times Publishing, LLC shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of such
advertisers on the Service.
TERMINATION
You agree that MonkeyTV.com and Times Publishing, LLC, in its sole discretion, may
terminate your account (or any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including, without limitation, for lack of
use or if MonkeyTV.com and Times Publishing, LLC believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. MonkeyTV.com and Times Publishing, LLC
may also in its sole discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior notice, and acknowledge
and agree that MonkeyTV.com and Times Publishing, LLC may immediately deactivate or delete
your account and all related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that MonkeyTV.com and Times
Publishing, LLC shall not be liable to you or any third-party for any termination of your
access to the Service.
PROPRIETARY RIGHTS
You acknowledge and agree that the Service 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 Service or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by MonkeyTV.com
and Times Publishing, LLC or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in whole or in
part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. MONKEYTV.COM AND TIMES PUBLISHING, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
b. |
MONKEYTV.COM AND TIMES PUBLISHING, LLC MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. |
c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM MONKEYTV.COM AND TIMES PUBLISHING, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS. |
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MONKEYTV.COM AND TIMES PUBLISHING, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MONKEYTV.COM AND TIMES PUBLISHING, LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Arbitration; location
Any dispute you may have with MonkeyTV.com, Times Publishing, LLC, or any of its officers, directors,
employees, consultants, agents, subsidiaries or affiliates relating in any way to this
agreement or your visit to or use of MonkeyTV.com or it's Website
network shall be submitted to confidential arbitration, except that, to the extent
that we believe that you have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other appropriate relief in any state
or federal court in Connecticut, and you consent to exclusive jurisdiction and venue in any
such court, and you waive any claim of inconvenient forum or similar claim. Arbitration under
this Agreement shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding, and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable law, unless
otherwise elected by us, no arbitration under this agreement shall be joined to any
arbitration involving any other party, whether through class arbitration proceedings or
otherwise.
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