TERMS AND CONDITIONS OF USE
The materials comprising The Monster Guide as a Print Publication, Magazine and Website (the "Website") are provided by The Monster Guide as a service to its readers on an "as-is, as-available" basis for informational purposes only. The Monster Guide assumes no responsibility for any errors or omissions in these materials. The Monster Guide makes no commitment to update the information contained herein. Further, The Monster Guide cannot edit, control, review for truth or accuracy, or screen for defamation or obscenity any content provided to the Website by a third party through postings, uploaded files, or any other form of communication, nor can The Monster Guide ensure prompt removal of defamatory, obscene, inappropriate or unlawful content after transmission. Any such third party postings, files or other communications do not necessarily represent the opinions, beliefs, or positions of The Monster Guide.
The Monster Guide makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Website, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The Monster Guide makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, graphics, links to other sites and any other items accessed from or via this Website or the Internet, or that the services will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall The Monster Guide, its owners, general partners, affiliates, associates, contributors, or any of their respective partners, officers, directors, employees, agents or representatives be liable for any damages, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with this Website, the materials contained herein, or the Internet generally.
All materials contained in this Website are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of The Monster Guide. You may download material (one copy per page) from this Website for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from such material. Any third party materials posted, filed or otherwise communicated to this Website become the copyrighted property of The Monster Guide, and may be used, reproduced, published, distributed, transmitted, displayed, broadcast or otherwise exploited by The Monster Guide and its affiliates.
The Monster Guide material, logos, names and presentations and all related trademarks, tradenames, and other intellectual property are the property of The Monster Guide and cannot be used without its express prior written permission.
USER-GENERATED CONTENT
The Monster Guide may provide users an opportunity to post content to the website. The Monster Guide does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You shall not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law, or infringe upon another's copyright or trademark. You understand that all information, data, text, software, music, sound, photographs, video, messages, or other materials posted or transmitted by users to the website, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not The Monster Guide, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the website. The Monster Guide does not and cannot review the content posted by users and is not responsible for such content. However, The Monster Guide shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by
The Monster Guide in its sole discretion and without notice.
You agree to indemnify The Monster Guide and its parents, subsidiaries, associates and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the website, from your breach of these Terms and Conditions, and from any such acts arising through your use of the website.
By uploading, posting, or otherwise transmitting content to the website, you grant The Monster Guide the perpetual, universal, nonexclusive, royalty-free right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, and promote such content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses. You waive any moral rights you may have in having the content used, reproduced, edited, removed, modified, published, transmitted, displayed, distributed, or promoted in a manner not agreeable to you.
INFORMATION DISCLAIMER
AND DISCLAIMER OF WARRANTIES
BY USING THE MONSTER GUIDE YOU UNDERSTAND AND AGREE THAT:
A.
THE MONSTER GUIDE PROVIDES ARTICLES AND COMMENTARY FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. THE MONSTER GUIDE AND AFFILIATE WEBSITES AND PUBLICATIONS AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
B.YOUR USE OF THE MONSTER GUIDE SERVICES IS AT YOUR SOLE RISK. THE MONSTER GUIDE SERVICES AND PRESENTATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MONSTER GUIDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
C.THE MONSTER GUIDE MAKES NO REPRESENTATION OR WARRANTY THAT THE MONSTER GUIDE SERVICES AND PRESENTATIONS WILL MEET YOUR REQUIREMENTS, THAT THE MONSTER GUIDE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY AND ALL SERVICE, PUBLICATION, WEBSITE OR PRESENTATION BY THE MONSTER GUIDE, ITS AFFILIATES AND THOSE POSTING WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE MONSTER GUIDE WILL MEET YOUR NEEDS.
D.ANY MATERIAL OBTAINED THROUGH THE USE OF THE MONSTER GUIDE AND ITS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
E.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE MONSTER GUIDE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT THE MONSTER GUIDE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE MONSTER GUIDE AND ITS SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR THE MONSTER GUIDE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT THE MONSTER GUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL THE MONSTER GUIDE DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of The Monster Guide
You agree to indemnify and hold The Monster Guide, its subsidiaries, and affiliates, and their officers, directors, employees and agents and associates harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on The Monster Guide materials, information, publications and services, (c) your connection to our Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices held by The Monster Guide.
No Other Agreements Between Us
With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and The Monster Guide for governing your use of our Sites and Services and supersedes any prior agreements between you and The Monster Guide for that purpose, including any membership agreements or other similar agreements applying to our Sites or The Monster Guide services.
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and The Monster Guide are governed by the laws of the Province of British Columbia and Canada without regard to its conflict of law provisions. You and The Monster Guide agree to submit to the personal and exclusive jurisdiction of the courts located within the North Okanagan Regional District of British Columbia.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against The Monster Guide
You agree that any claim or cause of action arising out of your use of our Sites or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by The Monster Guide to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Contact Information
If you have any questions or concerns with respect to this Agreement or our Sites, you may contact a representative of The Monster Guide at: treks@uniserve.com or by mail at:
Whole Earth Discovery Business Incubator
Attention: The Monster Guide Department
1981 Highway 6 East
Lumby, British Columbia
Canada
V0E2G1
Effective date: May 1, 2006
