Effective: January 1, 2022
5. Modification/Suspension/Discontinuation. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, all or any aspect of the Services, including the availability thereof, and/or suspend or discontinue access to all or any Content, with respect to any or all Users. We may, with respect to any or all Users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, product features and functionality, pricing, and advertisements. You agree that we may do any of the foregoing at our sole and absolute discretion at any time without notice to you, except to the extent expressly and specifically stated otherwise herein. You also agree that we will not be liable to you for any modification, suspension, unavailability, or discontinuance of the Services.
a) Engage in or encourage conduct that would in any way that violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of Monte Carlo or of any third party;
b) Modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
c) Modify, translate, reverse engineer, decompile or disassemble, or attempt to discover or obtain the source code, object code or underlying structure, ideas or algorithms of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so;
d) Submit, post, email, display, transmit or otherwise make available through the Services any content or take any action that is or is likely to be defamatory, libelous, harassing, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, deceptive, hateful, racist, discriminatory, inflammatory, or otherwise objectionable as determined in Monte Carlo’s sole discretion.
e) Use any robot, spider, site search/retrieval application or other manual or automatic means to access, copy, retrieve, harvest, index, “scrape,” “data mine” or in any way gather data from the Services (or any portion thereof, including both data and metadata);
f) Use any device, software or routine that interferes with the proper working of the Services or introduce any viruses, Trojan horses, worms, logic bombs or other material which is designed to interrupt, impair, destroy, limit, or otherwise harm the functionality of any computer software or hardware or telecommunications equipment;
g) Use the Services for commercial or business purposes, including engaging in advertising, marketing or offering goods or services or exploiting Content obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website, platform or service.
7. Proprietary Rights.
b) Restrictions. The Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you display or reproduce from the Services. Except as expressly authorized by Monte Carlo in writing, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use any Content without the express, prior written consent of Monte Carlo. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties.
8. User Accounts. In order to access and use certain content, features and functionality of the Services, we may require that you (a) register for the applicable Services, whether on a Third Party Platform or otherwise, including, in some instances, creating and/or providing a username and password combination (“User Credentials”) and (b) provide to us and/or make available certain additional information, which may include your email address, legal name, country of residence, location, date of birth, and other information (collectively, a “User Account”).
Your User Account is for your personal, non-commercial use only and you must provide complete and accurate information when creating a User Account. You are responsible for maintaining the confidentiality and security of your User Credentials, and you shall be solely responsible and liable for the activity that occurs on your User Account. You agree to notify us immediately of any unauthorized access to or use of your User Credentials or any other breach of security.
9. Third Party Services. The Services may include links to or otherwise allow you to access URLs, hyperlinks, websites, services, content or materials not owned or maintained by Monte Carlo, including Third Party Platforms (collectively, “Third Party Services”). Monte Carlo does not endorse or have any responsibility for the use, operation and/or availability of any Third Party Services and makes no representations or warranties with respect to Third Party Services or providers of Third Party Services. You are responsible for procuring any and all rights necessary to access Third Party Services and for complying with any such Third Party Service’s applicable terms, conditions and policies. Complaints, claims, concerns, or questions regarding your use of any Third Party Service should be directed to the applicable Third Party Service.
12. Disclaimer; No Warranties.
THE SERVICES AND ALL OTHER PRODUCTS, SERVICES AND CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE MONTE CARLO ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT APPEARING ON THE SERVICES. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE MONTE CARLO ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In the event of a dispute, you or Monte Carlo must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Monte Carlo at 548 Market Street, PMB 59994, San Francisco, CA 94104, USA, Attention: Legal Department. We will send any notice of dispute to you at the contact information we have for you. You and Monte Carlo will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Monte Carlo do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in San Francisco, California, provided, however, that if circumstances prevent you from traveling to California, JAMS may hold an in-person hearing in your hometown area. You and Monte Carlo agree to submit to the exclusive jurisdiction of the State and Federal Courts situated in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Monte Carlo) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.
Copyright © 2022 Monte Carlo Data, Inc.