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MONKEYmedia

LEGAL AND PRIVACY

TERMS AND CONDTIONS

General

This Web site is an online information and communication service provided by MONKEYmedia, Inc. ("MONKEYmedia"). Please read the Terms and Conditions on this page carefully before using this site. By using this Web site, you signify your agreement with each of these Terms and Conditions. If you do not agree with any of the Terms and Conditions on this page, do not use this Web site. MONKEYmedia reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting of the modified Terms and Conditions. Please visit this page each time before using this Web site to check for updates to the Terms and Conditions. MONKEYmedia retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms and Conditions.

Ownership

This Web site and the materials contained in it, including but not limited to the text, graphics, sounds, music, animations, user interfaces, user interactions, information architectures, and computer code, other than materials in the public domain, are protected by worldwide copyright, patent and trademark laws and treaty provisions and other laws regarding intellectual property. Except as may be expressly provided herein or in the license terms accompanying any downloaded software, MONKEYmedia and its affiliates do not grant any express or implied rights to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights. MONKEYmedia does not claim any ownership rights to materials on the Website that are in the public domain such as video footage from NASA or other governmental agencies.

Limited License

MONKEYmedia hereby authorizes you to view, copy, download, and print materials (other than software) published by MONKEYmedia on this Web site solely for personal, educational, non-public, and non-commercial use within your organization. No other use of information not in the public domain is authorized without prior written permission of MONKEYmedia. Except as otherwise stated in these Terms and Conditions, you agree not to otherwise distribute the materials and that any copy of these materials which you make shall not be modified and shall retain all copyright and other proprietary notices in the same form and manner as on the original.

Disclaimers and Liability Limitations

This Web site is provided for informational purposes only. MONKEYmedia assumes no responsibility for its accuracy, and all information is subject to change without notice. Any use of, or actions taken based upon, any of the information contained on this Web site is done entirely at your own risk.

IN NO EVENT SHALL MONKEYMEDIA OR ANY OTHER PARTIES INVOLVED IN THE CREATION OR DELIVERY OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF THIS WEB SITE, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THE LICENSE TERMS ACCOMPANYING ANY DOWNLOADED SOFTWARE, MONKEYMEDIA AND THE OTHER PARTIES INVOLVED IN THE CREATION OR DELIVERY OF THIS WEB SITE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THE LICENSE TERMS ACCOMPANYING ANY DOWNLOADED SOFTWARE, THE MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS, AND NEITHER MONKEYMEDIA NOR ANY OTHER PARTIES INVOLVED IN THE CREATION OR DELIVERY OF THIS WEB SITE HAVE ANY OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR MODIFICATIONS, OR ANY OTHER RESPONSIBILITY WHATSOEVER TO DEFEND OR INDEMNIFY AGAINST CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF COPYRIGHTS, TRADE SECRETS, PATENTS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS; THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF SUCH MATERIALS IS WITH THE USER.

Mention of non-MONKEYmedia products and services, and links to non-MONKEYmedia web sites, are for informational or convenience purposes only, and constitute neither an endorsement nor a recommendation. MONKEYmedia assumes no responsibility with regard to the selection, performance, or use of these products, services and sites. When you access a non-MONKEYmedia web site, understand that it is independent from MONKEYmedia and that MONKEYmedia has no control over the content of that web site. Use of linked Web sites is strictly at your own risk, including any risk associated with viruses.

Indemnification

You agree to indemnify, defend and hold harmless, MONKEYmedia, its subsidiaries and other affiliated companies, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions.

Trademarks

MONKEYmedia owns various trademarks and service marks that identify MONKEYmedia products and services, including MONKEYmedia (R), MONKEYmedia (logo), Relativity Controller, SeamlessTV, seamless.tv, Seamless Expansion, and Seamless Contraction.

All other product names, company names, or marks mentioned on this Web site may be trademarks of their respective owners.

Patents and Published Patent Applications

MONKEYmedia owns various United States patents and published patent applications that are available for downloading from this Web site. These documents are in the public domain and may be downloaded and distributed freely by visitors to this Web site. However, downloading these documents or any other information from this Web site about MONKEYmedia's intellectual property, does not give you any express or implied rights to any intellectual property owned by MONKEYmedia.

Feedback and Other Information Provided by Visitors

MONKEYmedia does not want to receive confidential or proprietary information from you through this web site. Please note that any feedback, information or material you provide at this site shall not be considered confidential, and MONKEYmedia will be free to use such information on an unrestricted basis.

Privacy Policy

MONKEYmedia respects the privacy concerns of the visitors. We will not intentionally release your name or otherwise publicize the fact that you have submitted materials or other information unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Certain information of visitors is recorded by the standard operation of MONKEYmedia's Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor's Internet service provider. By having this information, Web pages optimized for a particular visitor's computer are automatically made available to that visitor. Other use of this information may include internal review of the number of visitors to this site. E-mail addresses and other personally identifiable data about visitors to this site are known to MONKEYmedia only when voluntarily submitted by the users.

We may also send "cookies" to your computer primarily to enhance your online experience. "Cookies" are files that can identify you as a unique customer and store your personal preferences as well as technical information (including click through and click stream data). Cookies can either be permanent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). We may also use "Web beacons" that monitor your use of our site. Web beacons (or Web bugs) are small strings of code that provide a method for delivering a graphic image on a Web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the Web beacon appears, the URL (Uniform Resource Locator) of the page on which the Web beacon appears, the time the page containing the Web beacon was viewed, the types of browser that fetched the Web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, Web beacons let us know whether you received and opened our e-mail.

On their own, cookies or Web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish the site with personally identifiable information, this information can be linked to the data stored in the cookies/Web beacons.

By using this Web site, you specifically agree to our use of cookies and Web beacons as described herein. You may adjust your browser to reject cookies from us or from any other Web site. Additionally, by setting your Web browser to display HTML e-mails as text only, you may be able to prevent the use of some Web beacons. Please consult the "Help" section of your browser for more information. However, certain areas of our sites can only be accessed in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.

Jurisdictional Issues

This site is controlled and operated by MONKEYmedia from its offices within the State of Texas. Visitors who choose to access this site from locations outside of Texas do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. Any action involving this Web site shall be governed by, construed and enforced in accordance with the laws of the State of Texas, and shall be brought only in either the state or Federal Courts located in Travis County, Texas. By using this Web site, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions.

Software License Agreement

Any software which you download is governed in accordance with the license terms accompanying the file.

Miscellaneous

Any rights not expressly granted herein are reserved.

If you have any questions concerning the usage or licensing of MONKEYmedia patents, please contact us via email at:

patent licensing

If you have any questions or problems concerning the terms and provisions outlined in this legal notice, please contact us via email at:

legal support