WEB SITE TERMS & CONDITIONS
ACCESSIBILITY — IF YOU ARE HAVING ANY TROUBLE ACCESSING THESE TERMS AND CONDITIONS OR THE WEB SITE, PLEASE CONTACT US [WEEKDAYS MONDAY THROUGH FRIDAY, 9AM TO 5PM EASTERN STANDARD TIME AT (833) 742-3387. THE FOLLOWING ARE THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITE LOCATED AT gomonsterful.com (the “Web site”). PLEASE READ THEM CAREFULLY BEFORE USING THIS WEB SITE.
BY USING THE WEB SITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THE FOLLOWING TERMS AND CONDITIONS (AS WE MAY AMEND OR TERMINATE THEM IN WHOLE OR IN PART FROM TIME TO TIME) AND ALL APPLICABLE LAWS. PLEASE NOTE THAT SECTION 16 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.
We reserve the right to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of this Web site following our posting of any changes to these Terms and Conditions means that you accept those changes.
THIS WEB SITE AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONSTERFUL PARTNERS, INC., INC (“MONSTERFUL PARTNERS, INC.”) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT. MONSTERFUL PARTNERS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE, THE INFORMATION, MATERIAL, PRODUCTS AND/OR GRAPHICS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE, INCLUDING ANY BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MONSTERFUL PARTNERS, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE OR THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
All of the information in this Web site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Web site, and MONSTERFUL PARTNERS, INC. does not undertake any obligation to update such information after it is posted or to remove such information from this Web site if it is not, or is no longer, accurate or complete.
2. RESTRICTIONS ON USE
You may use this Web site for purposes expressly permitted by this Web site. You may not use this Web site for any other purpose, including any commercial purpose, without MONSTERFUL PARTNERS, INC.’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Web site, or (ii) frame this Web site, or (iii) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Web site, or use any such automated means to manipulate the Web site, such as automating what are otherwise manual or one-off procedures or (iv) take any action to interfere with, or disrupt, the Web site or any other user’s use of the Web site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Web site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions, or (v) resell use of, or access to, the Web site to any third party without the express prior written permission of an authorized representative of MONSTERFUL PARTNERS, INC.. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Web site or content accessible within this Web site. You agree to cooperate with MONSTERFUL PARTNERS, INC. in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
3. ELECTRONIC COMMUNICATIONS
A. Legal Satisfaction. When you visit Web site or send e-mails to us, you are communicating with us electronically.
B. Consent. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. PROPPRIETARY RIGHTS
All designs, text, graphics and images, and the selection and arrangement thereof, that are part of this Web site are the property of, or are used with permission by, MONSTERFUL PARTNERS, INC. and are protected by trade dress, copyright, trademark and other laws relating to intellectual property rights. Some materials on the Web site belong to third parties who have authorized MONSTERFUL PARTNERS, INC. to display the materials. No material and no software from this Web site or any web site owned, operated, licensed, or controlled by MONSTERFUL PARTNERS, INC. may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the MONSTERFUL PARTNERS, INC.’S copyrights and other proprietary rights. The use of any such material on any other web site or networked computer environment is prohibited without MONSTERFUL PARTNERS, INC.’S express written consent. All trademarks, service marks, and trade names are proprietary to MONSTERFUL PARTNERS, INC. or other designated owner of a posted mark. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Web site. All rights not granted under these Terms and Conditions are reserved by MONSTERFUL PARTNERS, INC..
5. TYPOGRAPHICAL ERRORS
In the event a MONSTERFUL PARTNERS, INC. product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, MONSTERFUL PARTNERS, INC. and its retailers shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MONSTERFUL PARTNERS, INC. and its retailers shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has already been charged for the purchase and your order is canceled, MONSTERFUL PARTNERS, INC. or its retailers shall issue a credit to your credit card account in the amount of the incorrect price.
6. LICENSE AND WEB SITE ACCESS
A. General. MONSTERFUL PARTNERS, INC. grants you a limited license to access and make personal use of this Web site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MONSTERFUL PARTNERS, INC..
B. No License for Commercial Sale. This license does not include any resale or commercial use of this Web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
C. No Reproduction. This Web site or any portion of this Web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MONSTERFUL PARTNERS, INC..
D. No Framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MONSTERFUL PARTNERS, INC. and/or our affiliates without express written consent.
E. “Metatags.” You may not use any metatags or any other “hidden text” utilizing MONSTERFUL PARTNERS, INC.’S name or trademarks without the express written consent of MONSTERFUL PARTNERS, INC.. Any unauthorized use terminates the permission or license granted by MONSTERFUL PARTNERS, INC..
7. YOUR ACCOUNT
8. RISK OF LOSS
A. General. All items (excluding VR installations falling under separate and distinct signed legal contracts) purchased from MONSTERFUL PARTNERS, INC. (including, without limitation, through the Web site) are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier, and such other terms as set forth in the shipment form that will accompany your purchase.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONSTERFUL PARTNERS, INC. AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEB SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF MONSTERFUL PARTNERS, INC. (OR ITS AUTHORIZED REPRESENTATIVE) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF MONSTERFUL PARTNERS, INC. AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED IN AGGREGATE TOTAL THE GREATER OF $100 OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE OR ANY SERVICE OR PRODUCT(S) OUT OF WHICH LIABILITY AROSE.
10. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE: Materials may be made available via the Web site by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Web site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Web site.
If you believe any materials on the Web site infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) 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 us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
208 East 51st Street, Suite 316, New York, NY 10022
11. BULLETIN BOARDS
This Web site may include e-mails, bulletin boards and chat rooms (“Bulletin Boards”), which allow feedback to MONSTERFUL PARTNERS, INC. and real-time interaction between users.
MONSTERFUL PARTNERS, INC. does not control the messages, information or files delivered to Bulletin Boards, unless otherwise noted therein, and MONSTERFUL PARTNERS, INC. has no obligation to monitor such Bulletin Boards. However, MONSTERFUL PARTNERS, INC. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in MONSTERFUL PARTNERS, INC.’S sole discretion are objectionable or in violation of these Terms and Conditions.
You acknowledge that you alone are responsible for the content of messages, information and materials that you may post on the Bulletin Boards, and consequences of any such messages, information or materials.
12. RULES OF CONDUCT
It is a condition of your use of the Bulletin Boards and this Web site that you do not:
(a) Use any Bulletin Boards for any illegal purposes (or to solicit any illegal act);
(b) Restrict or inhibit any other user from using and enjoying the Bulletin Boards;
(c) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
(d) Post any message that solicits gambling or engage in any gambling activity;
(e) Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(f) Post or transmit any information, software or other material which contains a virus or other harmful component;
(g) Post any defamatory, libelous, hateful, or harassing messages, information or material;
(h) Post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;
(i) Post or transmit any message or information which seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(j) Post or transmit any advertisement or commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as my be specifically authorized on this Web site;
(k) Engage in any activity that is in violation of any policy or regulations established from time to time regarding use of this Web site or any networks connected to this Web site; or
(l) Post or transmit any hyper-links to other sites that contain content which falls within the descriptions set forth above.
MONSTERFUL PARTNERS, INC. reserves the right to monitor use of this Web site to determine compliance with these Terms and Conditions, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither MONSTERFUL PARTNERS, INC. nor any third party that provides Content to MONSTERFUL PARTNERS, INC. will assume or have any liability for any action or inaction by MONSTERFUL PARTNERS, INC. or such third party with respect to any submission.
13. USER COMMUNICATIONS
You are and shall remain solely responsible for the content of any creative materials, including creative suggestions, ideas, notes, drawings, photographs, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the “Information”) you transmit to MONSTERFUL PARTNERS, INC. via this Web site, Internet electronic mail or otherwise. The Information shall be and remain the property of MONSTERFUL PARTNERS, INC.. Without limiting the ownership of the foregoing in any way, you hereby grant to MONSTERFUL PARTNERS, INC. the royalty-free, perpetual, irrevocable, worldwide, transferable, sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Information and to incorporate any Information in other works in any form, media, or technology now known or later developed. You agree that all Information you submit to us is fully owned completely by you, and you agree to transfer and hereby assign to MONSTERFUL PARTNERS, INC. all ownership right, title and interest in the Information submitted to MONSTERFUL PARTNERS, INC. or to [email protected], including but not limited to, the right to publish the Information, use it on our web sites, or in advertising of any type, with no obligation to pay you any consideration. MONSTERFUL PARTNERS, INC. will not be required to treat any Information as confidential, and may use and Information in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MONSTERFUL PARTNERS, INC. operations.
You agree to indemnify, defend, and hold harmless MONSTERFUL PARTNERS, INC., its subsidiaries, affiliates and their officers, directors, employees, agents, licensors, retailers and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Web site using your internet account. You agree that you will also indemnify and hold the Service Providers harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Web site.
15. THIRD-PARTY LINKS AND RETAILERS
MONSTERFUL PARTNERS, INC. may provide links and pointers to internet sites maintained by others (“third party sites”) as well as the location of participating retailers. MONSTERFUL PARTNERS, INC. has not reviewed all of the third party sites linked to this Web site and is not responsible for the contents of or any products or services offered in such third-party sites. Also, access to participating retailers does not constitute an endorsement by MONSTERFUL PARTNERS, INC. or any of its subsidiaries or affiliates of any retailers, or the resources, products or services offered by them. MONSTERFUL PARTNERS, INC. has no responsibility or liability for these third-party independent policies or actions and is not responsible for the privacy practices or the content of such third-party web sites or retailers. Likewise, MONSTERFUL PARTNERS, INC. is not the seller of products purchased from such retailers and is in no way responsible for shipping products and MONSTERFUL PARTNERS, INC. disclaims any and all responsibility for shipping and handling of any products. While MONSTERFUL PARTNERS, INC. may provide links and locations of participating retailers and vendors who sell their products on-line, MONSTERFUL PARTNERS, INC. cannot control the completion or validity of transaction of such retailers and vendors, the content of their websites, and does not endorse or control these independent retailers and vendors. These linked sites and store locations are only for your convenience and therefore you access them at your own risk. However, MONSTERFUL PARTNERS, INC. seeks to protect the integrity of its Web site and the links placed upon it and therefore welcomes any feedback on not only its own Web site, but for sites and retailers it links to as well (including if a specific link does not work).
This Agreement and your use of this Web site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the state of New York, U.S.A., without giving effect to any principles of any choice of law provisions, and not by the U.N. Convention on Contracts for the Sale of Goods. Subject to the binding arbitration clause below, you agree that jurisdiction over and venue in any legal proceeding involving MONSTERFUL PARTNERS, INC. directly or indirectly arising out of or relating to this Web site or use of our products and services (including but not limited to the purchase of MONSTERFUL PARTNERS, INC. products in any allowable court action shall be in the state or federal courts located in New York County, New York. Any cause of action or claim you may have with respect to the Web site or use of our products and services (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises or shall be deemed waived. MONSTERFUL PARTNERS, INC. may give you responses or notices by electronic mail, posting to this Web site or by written communication sent by U.S. Postal Service. MONSTERFUL PARTNERS, INC.’S failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. These Terms and Conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. MONSTERFUL PARTNERS, INC. may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
A. Arbitration and Venue. Notwithstanding anything to the contrary, any dispute relating in any way to your visit to or use of the Web site or to products you purchase or services you use from MONSTERFUL PARTNERS, INC. shall be exclusively submitted to confidential arbitration in New York, New York, no matter what legal theory such dispute is based on or what remedy is sought, except that, to the extent you have in any manner violated or threatened to violate MONSTERFUL PARTNERS, INC.’s intellectual property rights, MONSTERFUL PARTNERS, INC. may seek injunctive or other appropriate relief in any state or federal court in the state of New York and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
B. Finality of Arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
C. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS, IN A PRIVATE ATTORNEY GENERAL CAPACITY OR OTHERWISE. ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. YOU AND MONSTERFUL PARTNERS, INC. HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
D. Your Right to Go To Small Claims Court. We will not choose to arbitrate any claim or dispute you bring in small claims court. However, if such a claim is determined by the court to be outside its jurisdiction the parties agree that the claim shall then be submitted to arbitration.
You are prohibited from using any services or facilities provided in connection with this Web site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, MONSTERFUL PARTNERS, INC. reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. MONSTERFUL PARTNERS, INC. reserves the right to investigate suspected or actual violations of these Terms and Conditions.
MONSTERFUL PARTNERS, INC. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MONSTERFUL PARTNERS, INC. to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MONSTERFUL PARTNERS, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MONSTERFUL PARTNERS, INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MONSTERFUL PARTNERS, INC. OR LAW ENFORCEMENT AUTHORITIES.
Last updated: August 3, 2018
© 2017 MONSTERFUL PARTNERS, INC.