TERMS AND CONDITIONS

​Updated: December 3rd, 2021

Welcome to www.moniphy.com. Moniphy and/or its affiliates ("Moniphy ") provide website features and other products and services to you when you visit Moniphy.com, use Moniphy products or services, or use software provided by Moniphy in connection with any of the foregoing (collectively, " Moniphy Services"). Moniphy provides the Moniphy Services subject to the following conditions.

By using Moniphy, you agree to these conditions. Please read them carefully.

When you use a Moniphy Service you also will be subject to the guidelines, terms and agreements applicable to that Moniphy Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Moniphy, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Moniphy Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site or through the other Moniphy Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Moniphy Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Moniphy or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Moniphy Service is the exclusive property of Moniphy and protected by U.S. and international copyright laws.

TRADEMARKS

Moniphy’s trademarks include both registered and unregistered marks that may be found on Moniphy’s website and within its software. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Moniphy Service are trademarks or trade dress of Moniphy in the U.S. and other countries. Moniphy’s trademarks and trade dress may not be used in connection with any product or service that is not Moniphy’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Moniphy. All other trademarks not owned by Moniphy that appear in any Moniphy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Moniphy.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Moniphy or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Moniphy Services. This license does not include any resale or commercial use of any Moniphy Service, or its contents; any derivative use of any Moniphy Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Moniphy or its licensors, suppliers, publishers, rights-holders, or other content providers. No Moniphy Service, nor any part of any Moniphy Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Moniphy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Moniphy without express written consent. You may not use any meta tags or any other "hidden text" utilizing Moniphy’s name or trademarks without the express written consent of Moniphy. You may not misuse the Moniphy Services. You may use the Moniphy Services only as permitted by law. The licenses granted by Moniphy terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Moniphy account to use certain Moniphy Services, and you may be required to be logged in to the account and have a valid payment method associated with it. Payments may be handled by a third-party vendor. In that case, your use will be governed by separate Conditions of Use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

If you do post content or submit material to Moniphy, and unless we indicate otherwise, you grant Moniphy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Moniphy and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Moniphy for all claims resulting from content you supply. Moniphy has the right but not the obligation to monitor and edit or remove any activity or content. Moniphy takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Moniphy respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

OTHER BUSINESSES

Parties other than Moniphy provide services or software or sell product lines through the Moniphy Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Moniphy. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Moniphy does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE MONIPHY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MONIPHY SERVICES ARE PROVIDED BY MONIPHY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MONIPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MONIPHY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MONIPHY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MONIPHY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, MONIPHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MONIPHY DOES NOT WARRANT THAT THE MONIPHY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MONIPHY SERVICES, MONIPHY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MONIPHY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MONIPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MONIPHY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MONIPHY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Moniphy Service, or to any products or services sold or distributed by Moniphy or through www.moniphy.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Northwest Registered Agent LLC, 101 East Broad Street, #913 Mineola, TX  75773. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Moniphy Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Moniphy.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of Moniphy Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Moniphy
101 East Broad Street, #913
Mineola, TX  75773
www.moniphy.com

ADDITIONAL MONIPHY SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Moniphy Services (the " Moniphy Software").

1.      Use of the Moniphy Software - You may use Moniphy Software solely for purposes of enabling you to use the Moniphy Services as provided by Moniphy, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Moniphy Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Moniphy Software in whole or in part. All software used in any Moniphy Service is the property of Moniphy or its software suppliers and is protected by United States and international copyright laws.

 

2.      Use of Third-Party Services - When you use the Moniphy Software, you may also be using the services of one or more third parties. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

 

3.      No Reverse Engineering - You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Moniphy Software, whether in whole or in part.

 

4.      Updates - We may offer automatic or manual updates to the Moniphy Software at any time and without notice to you.

 

5.      Conflicts - In the event of any conflict between these Conditions of Use and any other Moniphy or third-party terms applicable to any portion of Moniphy Software, such as open-source license terms, such other terms will control as to that portion of the Moniphy Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Moniphy accepts service of subpoenas or other legal process only through Moniphy’s registered agent, Northwest Registered Agent LLC (NWRA). Subpoenas or other legal process may be served by sending them to NWRA at the following address:

Moniphy
Northwest Registered Agent LLC
101 East Broad Street, #913
Mineola, TX  75773

Attn: Legal Department – Legal Process Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please email legal@moniphy.com with a full description of the allegedly infringing material. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement.

We offer the following alternative to our email for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Legal Department
Moniphy
101 East Broad Street, #913
Mineola, TX  75773
Phone: (830) 25-5119
Email: legal@moniphy.com

Written claims concerning copyright infringement must include the following information:

· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.

· A description of the copyrighted work that you claim has been infringed upon.

· A description of where the material that you claim is infringing is located on the site.

· Your address, telephone number, and e-mail address.

· 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

· 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.