These Terms of Use are effective as of December 31, 2022.
These Terms of Service (“Terms”) govern your use of the free and paid services, software and websites (the “Service”) provided by Mondaily sp. z o.o. DBA Mondaily (“Mondaily”, “we”, “our”, etc.), and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, created tasks and associated information, text, files and other content or materials (together, the “Content”) uploaded, downloaded, or appearing on our websites or applications.
Our Privacy Policy explains the way we collect and use your information. By using the Service, you agree to be bound by these Terms and our Privacy Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.
Our Terms and Privacy Policy affect your legal rights and obligations. If you do not agree to be bound by all of these, do not access or use our Service.
ARBITRATION NOTICE: UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
• You must provide accurate information when you create
your Mondaily account.
• You are responsible for safeguarding the password and for
all activities that occur under your account. You should notify us
immediately if you become aware of any breach of security or unauthorized
use of your account.
• You may never use another user’s account without
permission.
• You may not disassemble, decompile, or reverse engineer
the Service or attempt or assist anyone else to do so, unless such
restriction is prohibited by law.
• Your account must be registered by a human. Accounts
registered by "bots" or other automated methods are not permitted.
Additionally, you must be 13 years of age or older.
• You may not use the Service for any illegal or
unauthorized purpose. You agree to comply with all laws, rules, and
regulations (for example, federal, state, local and provincial) applicable
to your use of the Service and your Content (defined below), including but
not limited to, copyright laws.
• In the event you have a paid account, fees are
non-refundable except as required by law or in the event that you cancel
your account during the 30-day money back guarantee period. You will pay all
applicable fees when due and, if such fees are being paid via credit card or
other electronic means, you authorize us to charge such fees using your
selected payment method. By default, customer accounts are set to auto-renew
and we may automatically charge you for such renewal on or after the renewal
date associated with your account unless you have canceled the Service prior
to its renewal date. We may revise fee rates for the Service from time to
time and will provide you with email notice of any changes in fees at least
thirty (30) days prior to your Service renewal date. You are responsible for
providing complete and accurate billing information to Mondaily. We may
suspend or terminate your use of the Service if fees become past due. You
are responsible for all taxes (excluding taxes on our net income), and we
will charge tax if required to do so by law. If you require the use of a
purchase order or purchase order number, you (a) must provide the purchase
order number at the time of purchase; and (b) agree that any terms and
conditions on your purchase order will not apply and are null and void.
• For paid accounts, we provide a satisfaction guarantee
for all services. If you aren't satisfied for any reason, simply contact us
within 30 days, and we'll be happy to issue a full refund. Kindly note,
however, that we reserve the right to revoke refund privileges (on an
individual basis) if we determine abuse of this policy has occurred.
• You must not change, modify, adapt, or alter the Service
or change, modify, or alter another website so as to falsely imply that it
is associated with the Service or with us.
• You must not access our private API by means other than
those expressly permitted by us.
• You must not interfere or disrupt the Service or servers
or networks connected to the Service, including by transmitting any worms,
viruses, spyware, malware, or any other code of a destructive or disruptive
nature. You may not inject content or code or otherwise alter or interfere
with the way any our page is rendered or displayed in a user's browser or
device.
• You must not attempt to restrict another user from using
or enjoying the Service and you must not encourage or facilitate violations
of these Terms or any of our other terms.
• As part of the Service, we may provide downloadable
client software (the “Software”) for your use in connection with the
Service. This Software may update automatically and if such Software is
designed for use on a specific mobile or desktop operating system, then a
compatible system is required for use. So long as you comply with these
Terms, we grant you a limited, nonexclusive, non transferable, revocable
license to use the Software, solely to access the Service; provided,
however, that this license does not constitute a sale of the Software or any
copy thereof, and as between you and us, we retain all right, title and
interest in the Software. You agree that you will not copy, reproduce,
republish, frame, download, transmit, modify, display, reverse engineer,
sell, or participate in any sale of, rent, lease, loan, assign, distribute,
license, sublicense, or exploit in any way, in whole or in part, Our
Content, the Services or any related software, except as expressly stated in
these Terms.
• Violation of these Terms may, in our sole discretion,
result in termination of your account. Furthermore, we reserve the right to
investigate and prosecute violations of any of these Terms to the fullest
extent of the law. We may involve and cooperate with law enforcement
authorities in prosecuting Users who violate the Terms. You acknowledge that
we have no obligation to prescreen or monitor your access to or use of our
Service or any information, materials or other content provided or made
available through our Service, but has the right to do so. You hereby agree
that we may, in the exercise of our sole discretion, remove or delete any
data, accounts or other content that violates these Terms or that is
otherwise objectionable.
• If you elect to utilize any third party application in
connection with your use of the Service, by doing so you are consenting to
your Content being shared with such third party application. To understand
how such a third party application provider utilizes your Content and other
information, you should review their privacy policy.
• We may suspend or terminate your account(s) or cease
providing you with all or part of our Services at any time without liability
to you for any reason, including, but not limited to, if we reasonably
believe: (i) you have violated these Terms, (ii) you create risk or possible
legal exposure for us; (iii) you have a free account that has not had any
activity (replies or logins) for sixty (60) days, or trial accounts without
a payment method thirty (30) days after expiration, or (iv) our provision of
our Services to you is no longer commercially viable. We will make
reasonable efforts to notify you through our Service, the next time you
attempt to access your account, or by an email address or phone number you
have provided us (if applicable). If we terminate your access to the
Service, your Content and all other data will no longer be accessible
through your account.
• Upon termination, all licenses and other rights granted
to you in these Terms will immediately cease.
• We reserve the right, in our sole discretion, to change
these Terms and/or our Services offered from time to time (“Updated Terms”).
Unless we make a change for legal or administrative reasons, we will provide
reasonable advance notice before the Updated Terms become effective. You
agree that we may notify you of the Updated Terms by posting them on the
Service, and that your use of the Service after the effective date of the
Updated Terms (or engaging in such other conduct as we may reasonably
specify) constitutes your agreement to the Updated Terms. Therefore, you
should review these Terms and any Updated Terms before using the Service.
The Updated Terms will be effective as of the time of posting, or such later
date as may be specified in the Updated Terms, and will apply to your use of
the Service from that point forward. These Terms will govern any disputes
arising before the effective date of the Updated Terms.[a]
• We reserve the right to refuse access to the Service to
anyone for any reason at any time.
• You hereby authorize us, directly or through third
parties, to make any inquiries we consider necessary to validate your
identity and/or authenticate your identity and account information. This may
include asking you for further information and/or documentation about your
account usage or identity, or requiring you to take steps to confirm
ownership of your email address, wireless/cellular telephone number or
financial instruments, and verifying your information against third party
databases or through other sources. This process is for internal
verification purposes. You further understand that we may charge a fee for
this verification process.
• We may, but have no obligation to, remove, edit, block,
and/or monitor Content or accounts containing Content that we determine in
our sole discretion violates these Terms.
• You agree that you are responsible for all data charges
you incur through use of the Service.
• By creating an Account, you agree that the Services may
send you informational and promotional text (SMS) messages as part of the
normal business operation of your use of the Services. You may opt-out of
receiving text (SMS) messages from us at any time by texting the word STOP
to (000) 000-0000 from the mobile device receiving the messages. You
acknowledge that opting out of receiving text (SMS) messages may impact your
use of the Services.
• We prohibit crawling, scraping, caching or otherwise
accessing any content on the Service via automated means (except as may be
the result of standard search engine protocols or technologies used by a
search engine with our express consent).
• In some cases, it is necessary for our employees,
contractors, or agents to access your account and content in order to
diagnose a problem. When you contact our support team, it is implied that
you are allowing us to access your account if necessary, in order to be
helpful. If you wish to receive assistance without granting permission to
your account, please specify as much in your communication with our support
team and those requests will be honored to the extent possible.
• In connection with providing you the Service, we may
transfer, store and process your Content in the U.S. or in any other country
in which we or our agents maintain facilities. By using the Service, you
consent to this transfer, processing and storage of your Content.
• Ownership. For purposes of these Terms: (i) "Content"
means any data, text, files, information, usernames, images, graphics,
photos, profiles, audio and video clips, sounds, musical works, works of
authorship, applications, links, created tasks and associated information,
text, files and other content or materials; and (ii) "User Content" means
any Content that Account holders (including you) provide to be made
available through the Services. Content includes without limitation User
Content.
• a. Content Ownership of the Content We MakeUnless
otherwise stated, all materials contained on or within the Services,
including, but not limited to, text, graphics, images, code, illustrations,
designs, icons, photographs, video clips, and written and other materials
(collectively, "Mondaily Content''), as well as their selection and
arrangement, are protected by copyright, trademark, trade dress, patent,
and/or other intellectual property laws, and unauthorized use of Mondaily
Content may violate such laws and these Terms. Except as expressly provided
in these Terms, we do not grant any express or implied rights to use
Mondaily Content. You agree that you will not copy, reproduce, republish,
frame, download, transmit, modify, display, reverse engineer, sell, or
participate in any sale of, rent, lease, loan, assign, distribute, license,
sublicense, or exploit in any way, in whole or in part, Mondaily Content,
the Services or any related software or Client Software as defined above,
except as expressly stated in these Terms. You agree not to remove, alter,
or obscure any copyright, trademark, service mark, or other proprietary
rights notices incorporated in or accompanying the Services or Content. You
acknowledge that the Services and Content are protected by copyright,
trademark, and other laws of the European Union and foreign countries.
• b. Rights in User ContentWe claim no ownership
rights over the Content submitted or created exclusively by you in your
Mondaily Service account. Any Content that is yours remains yours. These
Terms of Service do not grant us any licenses or rights to your Content
except for the limited rights needed for us to provide the Mondaily Service
to you. Notwithstanding the foregoing, we may access Content to determine
how we can improve our Service, and to determine customer
satisfaction.Similarly, any reporting data we collect from your use of the
Mondaily Service remains yours. By using the Mondaily Service you agree that
we can use this data to provide the Mondaily Service to you, and you also
agree that as long as the data is anonymized and does not identify you, we
can combine this data with the anonymized data of other companies to provide
benchmarking, public reports or to otherwise use it to provide the Mondaily
Service.
• c. Alerts and NotificationAs part of the Services
we provide, you may (if enabled) receive push notifications, text messages,
alerts, emails, or other types of messages directly sent to you outside or
inside the App ("Notifications"). You have control over the Notifications
settings, and can opt in or out of these Notifications through the Services
(with the possible exception of infrequent, important service announcements
and administrative messages).
• Some of the Service may be supported by advertising
revenue and may display advertisements and promotions, and you hereby agree
that we may place such advertising and promotions on the Service or on,
about, or in conjunction with your Content. The manner, mode and extent of
such advertising and promotions are subject to change without specific
notice to you.
• You acknowledge that we may not always identify paid
services, sponsored content, or commercial communications as such.
• You represent and warrant that: (i) you own the Content
posted by you on or through the Service or otherwise have the right to grant
the rights and licenses set forth in these Terms of Use; (ii) the posting
and use of your Content on or through the Service does not violate,
misappropriate, or infringe on the rights of any third party, including,
without limitation, privacy rights, publicity rights, copyrights, trademark,
and/or other intellectual property rights; (iii) you agree to pay for all
royalties, fees, and any other monies owed by reason of Content you post on
or through the Service; and (iv) you have the legal right and capacity to
enter into these Terms of Use in your jurisdiction.
• The Mondaily and Mondaily sp. z o.o. name and logo are
our trademarks, and may not be copied, imitated or used, in whole or in
part, without our prior written permission. In addition, all page headers,
custom graphics, button icons, and scripts are our service marks,
trademarks, and/or trade dress, and may not be copied, imitated or used, in
whole or in part, without prior written permission from us.
• Although it is our intention for the Service to be
available as much as possible, there will be occasions when the Service may
be interrupted, including, without limitation, for scheduled maintenance or
upgrades, for emergency repairs, for unscheduled downtime, for system and
server failures, or due to failure of telecommunications links and/or
equipment. Consequently, we encourage you to maintain your own backup of
your Content. In other words, we are not a backup service and you agree that
you will not rely on the Service for the purposes of Content backup or
storage. We will not be liable to you for any modification, suspension, or
discontinuation of the Services, or the loss of any Content. You also
acknowledge that the Internet may be subject to breaches of security and
that the submission of Content or other information may not be secure.
• You agree that we are not responsible for, and do not
endorse, Content posted within the Service. We do not have any obligation to
prescreen, monitor, edit, or remove any Content. If your Content violates
these Terms, you may bear legal responsibility for that Content.
• Except as otherwise described in the Service's Privacy
Policy, as between you and us, any Content will be non-confidential and
nonproprietary and we will not be liable for any use or disclosure of
Content. You acknowledge and agree that your relationship with us is not a
confidential, fiduciary, or other type of special relationship, and that
your decision to submit any Content does not place us in a position that is
any different from the position held by members of the general public,
including with regard to your Content. None of your Content will be subject
to any obligation of confidence on our part, and we will not be liable for
any use or disclosure of any Content you provide.
• Subject to your agreement and continuing compliance with
these Terms and any of our other relevant policies, we grant you a
non-exclusive, non-transferable, revocable limited license to use the
Service solely for its intended purposes. You agree not to use the Service
for any other purpose. This license is revocable at any time. This license
is subject to these Terms and does not include:
• d. The distribution, public performance, or public
display of Our Content;
• e. Modifying or otherwise making any derivative
uses of the Services or Our Content, or any portion thereof;
• Use of any scraping, data mining, robots, or
similar data gathering or extraction methods;
• Downloading (other than page caching) any portion
of the Services, Our Content, or any information contained therein, except
as expressly permitted on the Services;
• Accessing our API with an unauthorized or
third-party client;
• Any use of the Services or Our Content other than
for their intended purposes.
• j. Any use of the Services or Our Content other
than as specifically authorized in these Terms, without our prior written
permission, is strictly prohibited and will terminate the license to use our
Service and Site granted in these Terms.
• It is our policy not to accept or consider content,
information, ideas, suggestions, or other materials other than those we have
specifically requested and to which certain specific terms, conditions and
requirements may apply. This is to avoid any misunderstandings if your ideas
are similar to those we have developed or are developing independently. If,
despite our policy, you choose to send us content, information, ideas,
suggestions, or other materials, you further agree to the following: For all
reviews, comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted, or offered to us via our Service, our
sites, by e-mail or telephone, by mail, or otherwise disclosed, submitted or
offered in connection with your use of this Service (collectively, “User
Submissions”) you grant us a royalty-free, irrevocable, transferable right
and license to use the User Submissions however we desire, including without
limitation, to copy, modify, delete in its entirety, adapt, publish,
translate, create derivative works from, and/or sell and/or distribute such
User Submissions and/or incorporate such User Submissions into any form,
medium, or technology throughout the world. We will be entitled to use,
reproduce, disclose, modify, adapt, create derivative works from, publish,
display, and distribute any User Submissions you submit for any purpose
whatsoever, without restriction and without compensating you in any way. We
are and shall be under no obligation (1) to maintain any User Submissions in
confidence; (2) to pay to user any compensation for any User Submissions; or
(3) to respond to any User Submissions. You agree that any User Submissions
submitted by you to us will not violate the right of any third party,
including without limitation, copyright, trademark, privacy, or other
personal or proprietary right(s), and will not cause injury to any person or
entity. You further agree that no User Submissions submitted by you to us
will be or contain libelous or otherwise unlawful, threatening, abusive or
obscene material, or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any form of “spam”.
By using this Service, you agree to the above terms regarding User
Submissions. Please note that User Submissions shall not under any
circumstances be considered User Content as defined in paragraph 1,
subsection b. in this section.
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent[b][c]:
• a. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
• b. A description of the copyrighted work that you claim
has been infringed;
• c. A description of where the material that you claim is
infringing is located on our site(s);
• d. Your address, telephone number, and e-mail address;
• e. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law; and
• f. A statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our Copyright Agent for Notice of claims of copyright infringement on the Site is Chase Neely, who can be reached as follows: dev@mondaily.com
THE SERVICE, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, SUPPLIERS, LICENSORS, OR AGENTS (COLLECTIVELY, THE "MONDAILY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) OUR CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICE. IN ADDITION, THE MONDAILY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
THE MONDAILY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES AND SECURITY BREACHES OF ANY KIND. THE MONDAILY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE MONDAILY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MONDAILY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE MONDAILY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY OF OUR SITES OR SERVICE IS A VIOLATION OF OUR POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AND ANY USER CONTENT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICES AND SITES, AND THEIR CONTENT, AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
We reserve the right to stop offering and/or supporting the Service or a particular part of the Service at any time either permanently or temporarily. In such an event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
UNDER NO CIRCUMSTANCES WILL THE MONDAILY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) OUR CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MONDAILY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MONDAILY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE MONDAILY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MONDAILY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE MONDAILY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE MONDAILY PARTIES.
WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE MONDAILY PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at our request), indemnify, and hold the Mondaily Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
• (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you.
ou will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent. Notwithstanding the foregoing, you agree that the cost of any such defense will be at your sole and exclusive expense.
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
In case of any legal actions related to the service provider, the only applicable law is the law of the Republic of Poland. Any disputes, arbitrage will take place before the responsible bodies located in the Polish territory. In case of any provisions being found in violation with the existing law, all other elements remain valid and binding to all the users.
We may terminate this Agreement at any time, with or without notice, for any reason.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void. We may assign these Terms or any rights hereunder without your consent and the Terms will insure to the benefit of and be enforceable by our successor. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.
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