Terms and Conditions
General
This Site is operated by MONAE Corporation, and its affiliates (collectively referred to as "MONAE," "we," or "our"). We may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MONAEĀ®. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by MONAE Corporation.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents from the Site.
Restriction of Liability
MONAE Corporation will not be liable for any damages or injury caused by the use of the Site, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence on MONAEs part or an authorized MONAE representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. To the extent allowed by law, MONAEs total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.
User Submissions
By submitting a video, photo, artwork, story or idea, you hereby grant to MONAE Corporation a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-excusable right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or information posted on the Site (collectively, the "Material"), and/or to incorporate it into other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentially, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material; and (3) your provision of the Material to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of the Material that you may have under any applicable law under any legal theory.
MONAE Corporation will review all submissions and will not post any material it deems offensive, inappropriate for a family audience, or detrimental to the MONAE brand.
A video or written submission will be rejected if:
- It does not meet the time, file size, file format or character count restrictions.
- It contains information proven to be false, copyrighted or copied from another source.
- It mentions personal information beyond first name or city/state.
- It can be inferred that the person submitting the video is not the person in the video.
- It contains subjects, content or individuals that could be seen as objectionable to or unrepresentative of MONAE Corporation and its partners.
By submitting video or writing to this website, Users accept and agree to the following terms of use.
MONAE reserves the right to reject previously published or copyrighted materials, such as, but not limited to, those in major publications, in magazines, on retail websites, on television, etc.
By submitting a video or writing, Users will represent: (a) that the story/video/photo/artwork/idea is User's own original work that has not previously been published or publicly shown or won a prize or award; (b) all rights to the story/video/photo/artwork belong to User and the story/video/photo/artwork/idea does not infringe, misappropriate or violate the rights of any third party including, but not limited to, copyright, trademark or other intellectual property rights, rights of publicity or privacy or defamation, or portrayal in a false light.
All submissions including story/video/photo/artwork/idea become the property of MONAE Corporation and will not be acknowledged or returned. Users acknowledge and agree that their submitted creations become the property of MONAE Corporation, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use submitted creations in any way they see fit in connection with advertising or promoting MONAE products in any medium, including being featured on any MONAE website, throughout the world, in perpetuity. Submission of video or writing further constitutes the User's consent to irrevocably assign and transfer to MONAE any and all rights, title and interest in the entry, including without limitation, all rights in copyright. User shall have no right to review or approve edits, alterations or modifications, and the User waives the benefit of any provision of law known as "word rights". No information regarding submissions or the approval process will be disclosed. MONAE reserves the right to select some, but not necessarily all, of the submissions to be posted at www.monae.com and/or its related Sites.
Indemnification
You agree to defend, indemnify and hold MONAE Corporation harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Termination
This Agreement is effective unless and until terminated by either you or MONAE. You may terminate this Agreement at any time. MONAE may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in MONAEs sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or MONAE, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Disclaimer
THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT, TO THE EXTENT ALLOWED BY LAW, MONAE CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Miscellaneous
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting MONAE products, Foundatons and services available in the United States and select foreign markets.
This Agreement shall governed by and construed in accordance with laws of California, United States of America, without giving effect to any principles of conflicts of law, which shall have exclusive jurisdiction over any claims hereunder. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed stricken from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties.
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