This document, which may also be referred to as “Terms of Service”, “Terms”, “User Agreement” or “Agreement” throughout, is a legally binding agreement between individuals, businesses, and organizations (Users) and Eastwood Media B.V., which is located at 24 Zinkstraat, 4823AD, Breda, the Netherlands, which may also be referred to as “MonkeyTalk”, “Company” the “Website” or “Web-site” hereafter.
The terms “us”, “we”, and “ours” may also be used to refer to MonkeyTalk throughout, while the terms “you”, “your”, “User”, and “Visitor”, may be used to refer to all users of Website. The terms “Content” and “Contents” are used to refer to any materials made available via Website.
To access and use all Contents and services provided by Website you confirm that you are at least 18 (eighteen) years of age (or the legal age in your state, country or locality if greater than 18).
Gaining access to and using Website
We grant you a nonexclusive non-sub licensable revocable license to access and use our Website strictly in accordance with this Agreement. Your rights under this Agreement are not transferable or assignable and is such transfer shall be void or voidable where appropriate.
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and us.
We reserve the right to stop (temporarily or for an indefinite period of time) functioning of our Website (e.g. to perform maintenance on our Website). We also reserve the right to alternate our Website:
- For technical reasons such as issues with our servers, hardware or software malfunctions, hacker attacks, etc.
- To perform updates to our hardware or software for the benefit of our Website and/or user experience.
- In any case for legitimate reasons such as objections regarding privacy or legitimate objections regarding the content or maintenance of our Website.
- If we decide our Website no longer has commercial reason for continuing operation.
- Should any changes of services provided by us occurs.
We do not specifically exclude cases when our Website may be unavailable (temporarily or for an infinite period of time) due to technical or maintenance issues. Our Website is not immune from viruses, hacker attacks, malfunctions of hardware and software, and other unexpected issues that are out of our control.
We do not take responsibility for any issues or harm, including material damage, experienced by Users of our Services due to technical reasons.
We do not take responsibility for any issues or harm experienced by Users of our Services which is caused by Internet or data malfunctions.
We promise to take any feasible actions to resume correct functionality of our Services in the case of any technical or maintenance issues.
All issues and/or costs associated with Internet connections and/or mobile data connection services are the responsibility of the individual User. We advise all Users to clarify the costs of any Internet or data connections before using our Website.
Users may transmit text, audio (verbal statements) and video information to other Users. By making available any User Content through the Website, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Website and third party websites. This includes the use of said Content for commercial purposes.
We does not claim any ownership rights in any such User Content and nothing in these Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content. The copyright for all Contents remain in the possession of the User who has provided them.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Website or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under the terms of this Agreement.
You represent and warrant that neither the User Content nor your broadcasting or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Website or third party websites will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The copyright to all other Contents, including graphics, UI design, etc., found on our Website belongs to us.
You agree not to provide any Contents that violate terms of this Agreement and our Rules, the rights of other Users, or may be viewed as obscene or offensive to others.
You agree not to transmit any Content that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
You agree not to promote, advertise, or offer any type of commercial services when using our Website. You agree not to use the Website or Contents for any commercial purpose or the benefit of any third party or in any manner not permitted by these Agreement.
Malicious User activity
You agree not to do any of the following:
Attempt to probe, scan, or test the vulnerability of any our system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another User) to protect the Website or Content;
- Attempt to access or search the Website or Content or download Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third party web browsers;
- Forge any TCP/IP packet header or any part of the header information in any email posting, or in any way use the Website or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Content;
- Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- Develop a competing application or website;
- Encourage or enable any other individual to do any of the foregoing.
Paid products or services
We can offer some paid products or services to our Users, on our Website, including but not limited to, digital goods and services and subscriptions.
If you purchase something from us, you also represent and warrant that:
You have read the product or service description and clearly understand it’s nature;
- Any payment information you supply is true and complete;
- Charges incurred by you will be honored by your bank or credit card company;
- You will pay the charges incurred by you at the posted prices, including any applicable taxes;
- If your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
- Paid services may not be transferred to third parties.
- In case you do not agree with the amount charged with your bank card for the use of the Website, please contact us prior to contact the issuer of the bank card for a refund (Chargeback). Your claim will be considered and in case we find it justified, the disputed amount will be returned to your card. Refund under the approved request may take up to 20 business days. In case we reject your request, You can contact the bank card issuer.
We may offer additional paid features on our Website, such as the ability to remove a ban before the expiry of the ban period. These paid features may be purchased via a range of proposed payment methods on our Website.
All payments for paid services on our Website are subject (or not a subject) to refund according to our Refund Policy.
The terms of payment for communication and the conditions for refund from the account may be changed by the Website at any time without prior warning of the Users. In case this changes significantly change the terms of the Agreement, You have the right to terminate the use of the Website.
If you believe that the nature of the product or service is not clear enough to you, please do not purchase it and do not hesitate to contact us before making a purchase.
We reserve the right to place links to external websites, Internet resources and third party goods on our Website.
We attempt to provide links to respected third party resources only, however, we do not accept responsibility or liability for the content on third party websites, the security of your personal information privacy on such sites, or any actions you may take on external websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of external websites or resources as well as for the content, products, or services on or available from such websites or resources.
Linking and embedding
You may provide links to our Website and embed it to your websites, applications or other Internet resources provided that:
- You do not remove or obscure any portion of our Website by framing or otherwise;
- Your application, Internet resource or website does not engage in illegal or pornographic activities;
You cease providing links to our Werbsite as well as embedding our Website immediately upon our request.
Termination of access
Any User who violates our Rules while using our Website, the terms of this Agreement, or provides or distributes Contents as lined out in p.3 of this Agreement, may have access to our Website limited without any notice or obligation (financial or other) including the right for us to use any software, technical, legal, and other means to ensure these terms are met (including, without any limitations, blocking certain IP addresses).
We attempt to notify all Users about any such restrictions, however, are not under obligation to do so.
For temporary access limitations the limitation period are determined by us and may be changed from time to time. You agree that we shall not be liable to you and other Users for any change of ban periods for any kind of violation.
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification survive any termination of this Agreement or any termination of your use of our Website.
Abuses and complaints
Any incidents of abuse, violations of the Rules, and/or improper use of your copyright by other Users may be reported via email addresses, contact forms, and other methods of contact as presented on our Website.
Limitation of liability
We are not responsible for any actions taken by our Users while on our Website or for any of the Contents provided by them.
We do not accept any liability resulting from the use of our Website, including liability resulting from lawsuits, penalties, claims, damages, obligations, expenses of any nature and type including direct, indirect, occasional, penalties, and/or losses caused by negligence, service interruption, loss of data, hardware damage due to virus attacks, loss of income, loss of opportunity, waste of office time, breaching of a contract, third party claims, or any other losses that may have been foreseen as those which may be caused due to or during the use of our Website. This liability limitation covers, but is not limited to, transmission of any software or viruses that may harm your hardware, cause malfunctions of mechanical or electrical hardware or of communication lines, other connection issues (such as impossibility of Internet access), unauthorized access, stealing, injury, property damage, operator errors, strikes or force majeure, including, but not limited to liability for loss of income, profits or contracts loss, loss of business, loss of anticipated savings, loss of goodwill, loss of data, loss of office time, and any other loss or damage of any kind.
You agree to protect MonkeyTalk and its employees from any and all claims of third parties and any losses and costs incurred from claims resulting from your personal actions while using our Website or due to Contents provided by you.
The most recent and up to date copies of the above documents are published on our Website.
Any amendments become active and valid from the moment the amended text is updated on the respective page on our Website.
In some instances we may notify Users of amendments to documents, however, it is the responsibility of the User to regularly check the respective pages for updates.
Should you disagree with any terms outlined in this Agreement, you should stop using our Website with immediate effect. Continuing to use our Website after any amendments come into effect indicate you agree with all changes and the amended terms of this Agreement.
Dutch law is to be applied to the Agreement without regard to the conflict of laws. In the event of any legal disputes, they are to be resolved before a Dutch court.
Any claim that is filled by You in relation to the Application must be filed within one year after reason of the complaint took place. On expiration of that time, such a right is to be lost forever and filing of such a claim is to be considered prohibited.
You hereby agree that in case of violation of the agreement on your part we are to incur irreparable losses. In this case, we will have the right (without any evidence of loss) to receive legal protection. However, the provision of legal protection to us by law does not limit us in obtaining other remedies available in accordance with applicable law.
In case any dispute arises between the Website and the User, the Website also reserves the right to use as evidence confirming that you were actually using the Application (in some cases – as evidence of you being the real account owner) and provide to the relevant authority the following information: your Avatar; screenshots made by the system when you were searching for interlocutors; your IP-address; your country, region and city; type of browser and operation system that you were using.
This document is made in the different languages. In the event of any doubt or disagreement regarding its content or divergence in interpretation, the English text will prevail.
The names of the clauses and subclauses of the Agreement are not considered as the substantive part of these clauses and are given only for convenience of orientation.
Messages regarding violations of the Agreement by Users should be sent at the following address: [email protected] for an immediate response. Other messages regarding the Agreement or the operation of the Application should be sent at the following address: [email protected]