LAST REVISION: 26 JULY 2010
1. Introduction.
Welcome to MiniMonos! This website and/or other websites, webpages, forums and/or blogs owned, operated, licensed and/or controlled by MiniMonos and on which this Terms of Service are posted (collectively, the "MiniMonos Sites") and/or any MiniMonos applications, games, products and/or services made available on or through the MiniMonos Sites (collectively, the Services ) are governed by these Terms of Service. The MiniMonos Sites are operated by or on behalf of MiniMonos Ltd. ( MiniMonos ) and any and all entities that control, are controlled by, or are affiliated or under common control with, MiniMonos Ltd., collectively referred to as MiniMonos, we, us, or our. In this Agreement you or your means any person or entity using the MiniMonos Sites, and your parent or legal guardian, in the case of minors.
2. Acceptance of Terms and Modifications
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING ANY MINIMONOS SITES OR SERVICES. BY USING ANY MINIMONOS SITES OR SERVICES OR BY CLICKING A BOX THAT STATES THAT YOU "ACCEPT" THE TERMS OF SERVICE YOU ARE OR AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE.
IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE BEFORE YOU MAY USE THE WEBSITE. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE MINIMONOS SITES OR SERVICES.
These Terms of Service, as may be amended from time to time, are published at http://minimonos.com/mm/terms, and the MiniMonos Privacy Policy, which are incorporated herein by reference in their entirety, and as may be amended from time to time and which is available at http://minimonos.com/mm/privacy, collectively constitute the "Terms of Service". The Terms of Service are a binding legal agreement between you and MiniMonos, subject to all applicable laws and obligations of a contract. If you are a parent or guardian and you provide your consent to your child's registration with the site, you agree to be bound by these Terms of Service in respect to their use of the site.
We may amend or supplement this Terms of Service, including our Privacy Policy, at any time. When we make changes to this Terms of Service or the Privacy Policy, we will post the revised version on the MiniMonos Sites and indicate the revision date. If you are dissatisfied with any modification to the Terms of Service, your only remedy is to terminate your use of the MiniMonos Sites and Services, as described in Section 15 below. Your continued use of the MiniMonos Sites and/or Services after a change or update has been made to the Terms of Service constitutes your acceptance of such change or update.
Please note that special terms may apply to some Services offered through or on certain MiniMonos Sites, including subscription-based Services or other features or activities. These special terms may be posted in connection with the applicable Services. Subject to applicable law, any such terms are in addition to these Terms of Service, and in the event of a conflict, prevail over these Terms of Service.
We may provide links from the MiniMonos Sites to affiliated sites and/or unaffiliated third party sites. Unless these Terms of Service are posted on those sites, they are not part of the MiniMonos Sites or Services, and each is subject to the terms of a separate terms of service and may have different policies with respect to the collection, use and disclosure of your personal information.
You acknowledge that these Terms of Service are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the MiniMonos Sites and/or Services and receipt of data, materials and information available at or through the MiniMonos Sites.
3. RIGHT TO USE THE MINIMONOS SITES AND SERVICES
The MiniMonos Sites and Services are only for your personal use. You may not use the MiniMonos Sites or Services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
We grant you a limited, non-exclusive, revocable license for you to use The MiniMonos Sites and any applicable Services for your personal entertainment, information, education, and communication, subject to all of the terms of this Terms of Service. The MiniMonos Sites contain materials and other items relating to MiniMonos, and other material and information accessible or made available on or through the MiniMonos Sites and/or the Services (including, without limitation, character data, images, graphics, trademarks, photographs, animations, software, video, audio, sounds, text and other formats now known or later developed), whether provided by MiniMonos, users or other third parties (collectively, the "Content").
All Content are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. Your unauthorized use of any Content may violate patent, copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability, and/or our termination of your Account.
Except as we specifically agree in writing, no Content may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of a permitted use of the MiniMonos Sites, or as part of a permitted derivative work, except that where MiniMonos Sites permits and enables the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Content, in whole or in part, and (c) do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of the MiniMonos Sites is prohibited.
4. Eligibility
By using the MiniMonos Sites and/or the Services, you represent and warrant that (a) you are 18 years of age or older, or you are over 13 years of age and have consent from a parent or legal guardian or, if you are under 13 years of age, you have obtained verifiable consent from a parent or legal guardian; (b) all registration information you submit to MiniMonos is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the MiniMonos Sites or Services does not violate any applicable law or regulation. Children 13 years and younger must obtain verification of consent from a parent or legal guardian in order to use the MiniMonos Sites and Services. Unless we have received acceptable, verifiable consent from a parent or legal guardian, you represent and warrant by use of the MiniMonos Sites and/or Services that you are 13 years of age or older and otherwise have the legal capacity to enter into these Terms of Service. Your Account may be terminated without warning if we believe, in our sole discretion, that you are under 13 years of age and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the MiniMonos Sites and/or Services, you agree to be bound by these Terms of Service in respect to your child's use of the MiniMonos Sites and/or Services.
5. User Accounts and Passwords
To use the MiniMonos Sites and/or Services, you may be required to create a user account ("Account"). If you create an Account, you agree to provide MiniMonos current, complete, true and accurate information, and to update this information should it change and these Terms of Service shall apply to use of that Account.
If you create an Account, you may be asked to choose a password and a user name. You agree that you will not choose a password and/or user name which, in the sole discretion of MiniMonos:
(a) substantially infringes the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark;
(b) is offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(c) in any way infringes these Terms of Service;
(d) or is otherwise inappropriate, regardless of our software's ability to disallow such user names.
(e) Contains personally identifiable information, including but not limited to name, address, phone, birthday, or email.
You agree that you will not take any actions for the purpose of circumventing the foregoing restrictions. You understand and agree that MiniMonos reserves the right to change, remove, alter or delete any user name or password at any time and for any reason in MiniMonos' sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.
You agree to notify MiniMonos immediately of any unauthorized use of your Account or any other breach of security and to provide properly documented evidence as requested by MiniMonos. You may not use anyone else's Account at any time and you may not allow anyone else to use your Account at any time. You agree that MiniMonos will not be liable for any loss you may incur as a result of someone else using your user name, password or Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by MiniMonos or another party due to someone else using your Account or password.
You acknowledge and agree that you (and not MiniMonos) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access the MiniMonos Sites and use any Service and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any web site through which you access MiniMonos products or services, including the Services.
MINIMONOS RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR MINIMONOS ACCOUNTS AND/OR YOUR ACCESS TO THE MINIMONOS SITES AND/OR SERVICES AT ANY TIME, FOR ANY REASON, WITH OR WITHOUT NOTICE TO YOU. MINIMONOS ALSO RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY SERVICE OR FEATURE PROVIDED BY MINIMONOS, INCLUDING, WITHOUT LIMITATION, THE MINIMONOS SITES AND SERVICES, AT ANY TIME AND WITHOUT NOTICE. YOU AGREE THAT MINIMONOS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, CHANGE OR DISCONTINUANCE.
6. Ownership of Content
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF MINIMONOS AND/OR ITS LICENSORS AND THAT, UNLESS AS EXPRESSLY PROVIDED HEREIN, YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN OWNERSHIP OF OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY MINIMONOS, YOU, OR ANOTHER USER.
These Terms of Service are not intended to and do not assign any right, title or interest in the Content to you. You acknowledge and agree that nothing in these Terms of Service shall have the effect of transferring the ownership of any patents, copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the MiniMonos Sites, Services or Content or any part thereof to you or any third party nor to authorize you to create derivative works based on the Content. You undertake not to do any act or any thing which is inconsistent with or which is likely in any way to prejudice such title.
You acknowledge that the MiniMonos Sites and Services permit access to Content that is protected by United States and other international laws, including copyrights, trademarks, treaties, and other proprietary rights owned by MiniMonos, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content. Except as expressly provided herein, we and our licensors do not grant you any express or implied rights, and all right, title and interest that we have in the MiniMonos Sites and/or the Services that are not expressly granted by us to you are retained by MiniMonos. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without MiniMonos' prior written permission.
You agree that you may not upload or otherwise transmit on or through the MiniMonos Sites or Services, Content that is subject to any third-party rights unless any holder of such rights has given express written authorization top you for distribution on the MiniMonos Sites and/or through the Services.
You agree that any content you submit to or through the MiniMonos Sites or Services does not create any obligation for MiniMonos to provide you or others any payment or other form of remuneration. By submitting any Content to the MiniMonos Sites or Services, you hereby grant to MiniMonos and all users of the MiniMonos Sites and/or Services an irrevocable, sublicensable, transferable, worldwide, paid-up license, for use in conjunction with the MiniMonos Sites, to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use the content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the content.
7. Charges and Billing
7.1 Subscriptions
Currently, there are no fees charged for a limited membership which provides limited access and use of some parts of the MiniMonos Sites and Services. MiniMonos retains the right to charge fees to access or use the entirety of the MiniMonos Sites and Services in the future. Additionally, certain aspects of the MiniMonos Sites and Services are only provided and available to those users opting for the MiniMonos Gold Membership. These fees and charges are described on the MiniMonos Sites, and in the event you elect to use paid aspects of the MiniMonos Sites or Services, you agree to the pricing, payment and billing policies applicable to such fees and charges. MiniMonos retains the right to change these or other fees at any time.
You cancel your MiniMonos Gold Membership at any time by contacting us at info@minimonos.com. Upon receipt of any such termination request, MiniMonos agrees to terminate the applicable Account at the end of the then current pre-paid subscription period.
SUBJECT TO ANY APPLICABLE LAW, THE PURCHASE OF A MEMBERSHIP IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR MINIMONOS ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE MINIMONOS SITES AND/OR SERVICES.
Notwithstanding the foregoing, MiniMonos may, at any time and in its sole discretion, provide any user with a MiniMonos membership for a period of time at a discount or at no charge to such user for promotional reasons or otherwise. Any provision of such promotional trials or other preferred or discounted access to users (including but not limited to, full or limited subscriptions offered free of charge) shall not obligate MiniMonos to provide such promotions, discounts, or preferred access to any other users.
7.2 Fictional Online Points and Virtual In-Game Items
The MiniMonos Sites and/or Services may include the opportunity for you to pay a fee to gain access to or otherwise acquire "Banana Chips"" or other fictional online points ("MiniMonos Points"). You may use MiniMonos Points solely in connection with permitted use of the MiniMonos Sites and/or Services including to access virtual items ( MiniMonos Items ). You do not own MiniMonos Points or MiniMonos Items. You only have a license to use them, in connection with permitted uses, as may be amended from time to time, in connection with the MiniMonos Sites and Services and subject to you having an Account in good standing.
You understand and agree that MiniMonos Points and/or MiniMonos Items have no cash or redemption value and your license to use them will be terminated if you are denied access to your Account or your account is shut down, frozen or terminated for any reason and MiniMonos shall have no obligation to make any refund or otherwise compensate you in any amount under such circumstances.
MINIMONOS RESERVES THE RIGHT IN ITS SOLE DISCRETION TO MAKE CHANGES TO THE MINIMONOS SITES AND/OR SERVICES AND TO CHANGE THE PRICE OF MINIMONOS POINTS AND MINIMONOS ITEMS, AND TO CHANGE THE AMOUNT OF MINIMONOS POINTS NECESSARY TO ACCESS CERTAIN MINIMONOS ITEMS OR SERVICES, WITHOUT NOTICE. ANY SUCH CHANGES MAY ADVERSELY IMPACT THE STATUS AND PERCEIVED VALUE OF MINIMONOS POINTS AND MINIMONOS ITEMS. YOU AGREE THAT MINIMONOS HAS NO LIABILITY TO YOU FOR ANY SUCH CHANGES.
You agree that MiniMonos Points and/or MiniMonos Items are not a gift certificate and shall not be treated as such. MiniMonos shall have no liability for hacking or loss of MiniMonos Points and/or MiniMonos Items from your Account. MiniMonos reserves the right, without prior notification, to limit the order quantity on any MiniMonos Points and/or MiniMonos Items and/or to refuse to provide you with additional MiniMonos Points and/or MiniMonos Items.
SUBJECT TO ANY APPLICABLE LAW, YOUR PURCHASE OR ACQUISITION OF MINIMONOS POINTS OR MINIMONOS ITEMS IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF ANY OR ALL OF THE MINIMONOS SITES OR SERVICES. REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THEM.
7.3 Fees
You agree to pay all fees or charges incurred by your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in United States Dollars and do not include Internet service provider, telephone, and other connection charges. MiniMonos may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.
7.4 Fees Charged by Third-Party Sites
MiniMonos may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to MiniMonos. MiniMonos may also provide access to third-party vendors who provide information, goods and/or services on the MiniMonos Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. MINIMONOS MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY AND SHALL NOT BE LIABLE FOR ANY SUCH ACTIVITY IN WHICH YOU ENGAGE.
7.5 No Purchases by Minors
MiniMonos may offer products or other services for purchase online from the MiniMonos Sites or Services. Subject to applicable laws, you must be at least 18 years of age or older to purchase such products or other services. By ordering a product or service online from the MiniMonos Sites or Services you represent that you are 18 years of age or older or that you have parental consent to do so. .
8. No Sale or Assignment of Account, Points or Items
You shall not be permitted to sell or other transfer any Account, MiniMonos Points or MiniMonos Items without the prior written consent of MiniMonos. Any attempt to do so shall be void and of no effect and may result in termination of your Account. MiniMonos does not recognize any purported transfers of any Account, MiniMonos Points or MiniMonos Items. executed outside of the MiniMonos Sites or Services, or the purported sale, gift or trade in the real world of anything that appears or originates in the MiniMonos Sites or Services.
9. Additional License Limitations
The Licenses granted to you above are subject to the additional license limitations set forth herein (collectively, the "License Limitations"). ANY USE OF THE CONTENT, MINIMONOS SITES OR THE SERVICES IN VIOLATION OF THE LICENSE LIMITATIONS WILL BE REGARDED AS EXCEEDING THE SCOPE OF THE LICENSES(S) AND CONSTITUTE AN INFRINGEMENT OF MINIMONOS' COPYRIGHT IN AND TO THE CONTENT, MINIMONOS SITES AND/OR THE SERVICES AND NOT MERELY A BREACH OF ADDITIONAL TERMS OF A CONTRACT.
You may not, under any circumstances, create any software, code, mechanism or program that integrates or interacts with the Content, MiniMonos Sites, Services, MiniMonos Points or MiniMonos Items or provide any alternate means (i.e., other than through the MiniMonos Sites) by which they may be accessed and you may not, under any circumstances, modify or cause to be modified any files that are part of them in any manner that is not expressly authorized by MiniMonos. Notwithstanding the foregoing, you may use a web browser to view them.
You may not, under any circumstances, exploit the Content, the MiniMonos Sites Services for any commercial purpose, including without limitation (a) for gathering MiniMonos Points or MiniMonos Items for sale; or (b) for performing services for others in the MiniMonos Sites in exchange for payment.
You may not, under any circumstances, use the Content or Services in any manner that is (a) unlawful; (b) that could damage, disable, overburden, or impair any MiniMonos server or the network(s) connected to any MiniMonos server; (c) that could interfere with any other party's use and enjoyment of MiniMonos Sites or the Services; (d) that reduces the number of users accessing or using or able to access or use the MiniMonos Sites or Services; (e) that gains or attempts to gain unauthorized access to any MiniMonos Sites or Services, unpublished information or material, other users' Accounts, or computer systems and/or networks connected to any MiniMonos server, or to any of the MiniMonos Sites or Services, through hacking, password mining or any other means; (f) that collects or aggregates information regarding other users' actions relating to the MiniMonos Sites or Services or Content; (g) that reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any Content or software, including but not limited to any proprietary communications protocol used therein; or (h) automates any user activity, including logging in to or otherwise interacting with the MiniMonos Sites or Services
10. Communication Services
The MiniMonos Sites and/or the Services may contain e-mail services, bulletin board services, blogs, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively the "Communication Services").
You agree to use the Communication Services only to post, send, and receive messages and material that are in accordance with the Terms of Service set forth herein. MiniMonos reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason or for no reason.
MiniMonos is not responsible for the communications of other users via the Communications Services. You acknowledge that emails, messages, chats, postings, conferences and other communications by users are not controlled or endorsed by MiniMonos, and that such communications shall not be considered reviewed, screened or approved by MiniMonos. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. MiniMonos specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized MiniMonos spokespersons, and their views do not necessarily reflect those of MiniMonos. MiniMonos has no obligation to monitor the Communication Services; however, MiniMonos reserves the right to remove any material from the Communication Services at any time, without notice, for any reason or for no reason.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of the Communications Services. You acknowledge that personal information that you communicate via the Communications Services may be seen and used by others and result in unsolicited communications; therefore, MiniMonos strongly encourages you not to disclose any personal information about yourself in your public communications via the Communications Services. MiniMonos is not responsible for information that you choose to communicate to other users via the Communications Services.
You acknowledge and agree that no confidential, fiduciary, contractually implied or other relationship is created between you and MiniMonos by reason of your transmitting any communications. Moreover, by transmitting any communications through use of the MiniMonos Sites or Services you grant to MiniMonos and its users a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit or otherwise exploit such communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.
You acknowledge and agree that MiniMonos has the right (but not the obligation) to do any or all of the following, at its discretion: (i) monitor any information, message or material transmitted via the Communications Services; (ii) alter, remove, or refuse to post or allow to be posted or stored any such information, message or material ; (iii) monitor and/or filter any of your communications through the Communications Services (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any information, message or material or any communication through the Communications Services, and the circumstances surrounding the transmission thereof, to any third party in order to operate the MiniMonos Sites or Services; to protect MiniMonos and its sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and the MiniMonos' users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
11. Privacy and Security Measures
MiniMonos must collect certain information in order to operate the MiniMonos Sites and Services and to fulfill your requests or enable participation in certain online activities. But MiniMonos respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Please click here to review our Privacy Policy
MiniMonos has adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. MiniMonos uses Secure Sockets Layer technology to protect credit card data during transmission, and adopts careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make the MiniMonos Sites, Services and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except as necessary to provide their services to MiniMonos. Nevertheless, we cannot guarantee complete security of personal information.
Therefore, if you do not fully agree and consent to the MiniMonos Privacy Policy, press the "CANCEL" button and do not set up an account or otherwise do not use or cease use of the MiniMonos Sites and Services. MiniMonos reserves the full right, power and authority to amend, modify, change, add or delete provisions or sections of the Privacy Policy at any time with or without a reason. Therefore, please periodically continue to check the Privacy Policy on the MiniMonos Sites for any changes. Your continued use of the MiniMonos Sites, Services or Content following any posted modifications shall constitute your acknowledgement, acceptance and consent to said changes.
12. Rules Of Conduct
By way of examples and not as limitations, you agree that you may not access the MiniMonos Sites, Services, and/or the Communication Services to:
(a) Publish, post, upload, transmit, distribute, disseminate or otherwise make available surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
(b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the rights of privacy and publicity.
(c) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or otherwise offensive or objectionable. Additionally, it is a violation to engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet
(d) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material or information, including but not limited to images, photographs, sound files, text files, graphics files, and videos that infringe any copyright, trademark, patent, trade secret, privacy, publicity, or other right of any party.
(e) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the MiniMonos Sites and/or the Services, other users' access to the MiniMonos Sites and/or the Services and/or other users' computers.
(f) Except as expressly authorized by MiniMonos in writing, advertise or offer to sell or buy any goods or services for any purpose.
(g) Except as expressly authorized by MiniMonos in writing, register more than five (5) usernames.
(h) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
(i) Restrict or inhibit any other user from using and enjoying the MiniMonos Sites and/or the Services including but not limited to by disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all capital letters) in an attempt to disturb other users, spamming, or flooding (continuous posting repetitive text).
(j) Collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
(k) Violate any applicable laws or regulations, or promote or encourage any illegal activity.
(l) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material regarding hacking, cracking, exploiting, or otherwise making use of the MiniMonos Sites, the Services, or the Content in any manner other than the manner set forth by MiniMonos.
(m) Impersonate or create a false identity, including but not limited to identities falsely indicating that the user is a celebrity or a MiniMonos representative.
(n) Collect in any manner information regarding users of the Communication Services, the MiniMonos Sites, or the Services, or other user or usage information or any portion thereof, or distribute such information to any third party.
(o) Attempt to get passwords, other Account information, or other private information from any other user of the Communication Services, the MiniMonos Sites, or the Services.
(p) Make false reports to the MiniMonos administrators.
(q) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any automation software programs or any other unauthorized third-party software program designed to modify the MiniMonos experience.
(r) Use the MiniMonos Communications Services in any manner other than for personal communication as an individual user (i.e., as a corporation or other entity).
(s) Use the Communication Services to resell or make any commercial use of the MiniMonos Sites, Services or the Software without the prior express written consent of MiniMonos.
(t) Use the Communication Services for fraudulent transactions including, without limitation, in-game virtual transactions.
(u) Use the Communication Services to offer to transfer, buy, auction, rent, lease, loan or sell access to your MiniMonos Accounts, MiniMonos Points, or MiniMonos Items, except as specifically authorized by MiniMonos.
(v) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any game error, exploit, miscue or bug which gives an unintended advantage.
(w) Frame or mirror any part of the MiniMonos Sites, Communication Services, and/or Services without MiniMonos' express prior written consent.
MiniMonos cannot and does not guarantee that all other users are or will comply with the foregoing MiniMonos Rules of Conduct or any other provisions of these Terms of Service. Therefore you hereby agree to assume any and all risk of harm or injury resulting from any such lack of compliance.
13. Newsletters
By providing your email address to MiniMonos and subscribing to the MiniMonos Sites and Services, you understand you may receive periodic information, emails or newsletters regarding current and future services offered by MiniMonos. You may unsubscribe from receipt of said information at any time by sending a request to info@minimonos.com.
14. Jurisdictional Issues and Export Control Laws
The MiniMonos Sites and/or Services are controlled and operated by MiniMonos from the United States. MiniMonos makes no representation that Content or other materials available through the MiniMonos Sites and/or Services are appropriate or available for use in other locations. Those who choose to access the MiniMonos Sites and/or Services from other locations do so on their own initiative and are responsible for compliance with all local laws, if and to the extent local laws are applicable.
You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the MiniMonos Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The Content may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or on any such list.
15. Termination and Survivability
These Terms of Service are effective until terminated.. MiniMonos may terminate these Terms of Service with or without notice to you by terminating your Account as set forth in Section 5. You may terminate your Account as permitted by the MiniMonos Sites or by sending a letter stating your desire to terminate your Account to MiniMonos, Attn: Legal, 45 Otara St., Burnside, Christchurch, 8053. Notwithstanding any termination of your Account or these Terms of Service, MiniMonos shall be permitted to pursue and legal claims or remedies available to it for breach prior to such termination. The provisions of Sections 6, 7, 8, and 18 through 27 shall survive any termination of this Agreement.
16. Investigations; Cooperation with Law Enforcement; Termination
MiniMonos reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of the MiniMonos Sites' security or its information technology or other systems or networks, (b) investigate any suspected breaches of the Terms of Service, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of the Terms of Service to the full extent of the law, and (e) discontinue the MiniMonos Sites, Services or terminate your access to it at any time, without notice, for any reason and without any obligation to You whatsoever.
17. Links to Third-Party Sites
MiniMonos Sites may link to third party sites ( Linked Sites ). These Linked Sites are not controlled by MiniMonos. MiniMonos is not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. MiniMonos provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by MiniMonos of any Linked Site.
You acknowledge and agree that MiniMonos does not endorse, and 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 information, goods or services available on or through any Linked Sites. You agree that your use of the Linked Sites, including without limitation your use of any information, data, advertising, products, or other materials on or available through the Linked Sites, is at your own risk and is subject to the term and conditions or use applicable to the Linked Sites.
We do not allow third-party companies to solicit or advertise to our users. Our intention is to keep MiniMonos free from any of this sort of direct advertising.
18. Disclaimer of Warranty; Limitation of Liability
The MiniMonos Sites or Services may include technical inaccuracies or other errors, and your use and browsing is at your risk. To the maximum extent allowed by law, neither MiniMonos nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the MiniMonos Parties ) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the MiniMonos Sites and/or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, MiniMonos may scan your computer to confirm it meets minimum system specifications.
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW:
YOU EXPRESSLY AGREE THAT THE USE OF THE MINIMONOS SITES AND SERVICES IS AT YOUR SOLE RISK. THE MINIMONOS SITES AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MINIMONOS DOES NOT WARRANT THAT THE MINIMONOS SITES OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THE MINIMONOS SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE MINIMONOS SITES, SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THE MINIMONOS SITES, SERVICES OR CONTENT RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN MINIMONOS WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, MINIMONOS WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE MINIMONOS SITES OR SERVICES. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE MINIMONOS SITES AND SERVICES TO YOU.
MINIMONOS PROVIDES THE MINIMONOS SITES AND SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE MINIMONOS SITES OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MINIMONOS WILL HAVE ADEQUATE CAPACITY FOR THE MINIMONOS SITES AND SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSE BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CONFIDANT SERVICES OR COMMUNICATION SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT MINIMONOS IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OR USE OF THE MINIMONOS SITES OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MINIMONOS IS TO STOP USING THE MINIMONOS SITES AND SERVICES, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF MINIMONOS TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MINIMONOS OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY.
19. Jurisdiction and Choice of Law
These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the State of New York. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the New York courts without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. Those who choose to access the Service from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws to the extent applicable.
20. Dispute Resolution and Arbitration
By your access of and use of the MiniMonos Sites or Services you hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim ("Dispute") arising out of or relating to these Terms of Service or any of the transactions contemplated herein or related to the MiniMonos Sites or Services or any Content, contests or services thereon (including without limitation, statutory, equitable or tort claims) will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. MiniMonos will send its notice to your billing address and email you a copy to the email address you have provided to us. You may send any notice to MiniMonos to the following address: 45 Otara St, Burnside, Christchurch, 8053, New Zealand.
If the Dispute is not resolved through informal negotiations either party may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration before a sole arbitrator. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ( AAA Consumer Rules ), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, MiniMonos will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, the parties may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The parties agree that any arbitration shall be limited to the Dispute between you and MiniMonos individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Any and all Disputes that you may have with respect to the MiniMonos Sites, Services, or these Terms of Service must be commenced within one year after the claim or cause of action arises or it will be forever barred. You agree that the provisions in this paragraph will survive any termination of your user account(s) or the MiniMonos Sites or Services. Notwithstanding the parties' decision to resolve any and all disputes arising under these Terms of Service through informal negotiation and then binding arbitration, MiniMonos may bring an action in any court of applicable jurisdiction to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of these Terms of Service or to enforce the decision of the arbitrator.
If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of New York, State of New York, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of New York, State of New York, United States of America, and the parties agree to submit to the personal jurisdiction of that court.
YOU AGREE THAT ANY SUCH ARBITRATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
21. Assignment
MiniMonos may assign these Terms of Service, in whole or in part, at any time. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without MiniMonos' express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
22. Indemnity
You agree to defend, indemnify and hold harmless MiniMonos and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with MiniMonos Sites, including Services; (b) any violation of these Terms of Service by you or through your user account or using your screen name; or (c) any allegation that any information, messages, or materials that you make available or create through the MiniMonos Sites, Communication Services and/or the Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further agree to indemnify and hold MiniMonos or MiniMonos' Partners, their officers, agents and employees harmless for the fullest extend allowed by law regarding all claims related to your use of the MiniMonos Sites or the Services.
23. Notice
Notices to you may be made via posting to the MiniMonos Sites, by email, or by regular mail, in MiniMonos' discretion. MiniMonos may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
24. Procedure for Alleging Copyright Infringement
MiniMonos will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ( DMCA ), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the MiniMonos Site, then send us a written notice that includes all of the following:
(i) a legend or subject line that says: DMCA Copyright Infringement Notice ;
(ii) a description of the specific copyrighted work that you claim has been infringed;
(iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
(vii) your electronic or physical signature.
MiniMonos will only receive and respond to DMCA notices by mail, e-mail, or facsimile addressed to its registered DMCA agent at the addresses below:
By Mail:
MiniMonos, 45 Otara Street, Burnside, Christchurch, 8053, New Zealand
Attention: Kaila Colbin
By E-Mail: CopyrightInfringementNotice@MiniMonos.com
MiniMonos may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and MiniMonos may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. MiniMonos reserves the right to terminate a user's account if, under appropriate circumstances including a user's receipt of more than one (1) written warning, the user is determined to be a repeat infringer. If you have additional questions you may contact MiniMonos at +64 (27) 466 2530
25. Severability
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
26. Complete Agreement
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire Agreement between you and MiniMonos with respect to its subject matter. This Agreement supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and MiniMonos with respect to its subject matter and you represent that you have not relied on any such communications in accepting this Agreement.
27. Acknowledgements
You hereby acknowledge and agree that:
WHEN RUNNING, THE MINIMONOS SITES OR SERVICES MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SERVICES. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE MINIMONOS SITES OR SERVICES, WOULD CONSTITUTE A VIOLATION OF THESE TERMS OF USE. IN THE EVENT THAT MINIMONOS DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, MINIMONOS MAY (a) COMMUNICATE INFORMATION BACK TO MINIMONOS, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
WHEN THE SERVICES ARE RUNNING, MINIMONOS MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE MINIMONOS SITES OR SERVICES, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT.
28. Force Majeure
You agree and acknowledge that MiniMonos shall not be liable for any failure or delay concerning or related to the operation of the MiniMonos Sites or the Services caused by events beyond MiniMonos' control, including, without limitation, sabotage, computer failure, server failure or other failures or delays in transportation, failures or substitutions of equipment, or other accidents.
29. Equitable Relief
The parties hereby acknowledge and agree that MiniMonos would be irreparably damaged if the Terms of Service were not specifically enforced. Therefore, MiniMonos shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms of Service, in addition to such other remedies as MiniMonos may otherwise have available to it under applicable laws. In the event any litigation is brought in connection with the Terms of Service and consistent with the Dispute Resolution procedures herein, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
30. General Provisions
The headings in these terms are for reference purposes only and shall not be construed as a part of this Agreement.
MiniMonos' performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of MiniMonos' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the MiniMonos Sites or Services or information provided to or gathered by MiniMonos with respect to such use.
MiniMonos makes no representation that any aspect of the MiniMonos Sites or the Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the MiniMonos Sites or the Services from other locations are responsible for compliance with applicable local laws.
Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of MiniMonos shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of MiniMonos.
The parties agree that all correspondence relating to this Agreement, shall be written in the English language.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE THAT MY USE OF THE MINIMONOS SITES AND SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If at any time you wish to obtain an additional copy of the above Terms of Service, please visit the MiniMonos Site www.minimonos.com and review or print the Terms of Service.