TERMS & CONDITIONS:
COPYRIGHTS, TRADEMARKS, & RESTRICTIONS TM and © 2011 FIGHTING MONK, INC., AND RELATED ENTITIES (“LEMONADE: DETROIT”). ALL RIGHTS RESERVED. ALL MATERIALS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMAGES, ILLUSTRATIONS, AUDIO CLIPS, AND VIDEO CLIPS INCLUDING BUT NOT LIMITED TO TRAILERS, TV SPOTS AND ANY AND ALL AUDIO VISUAL MATERIALS (COLLECTIVELY “THE MATERIAL”) ARE PROTECTED BY COPYRIGHT AND TRADEMARK AND SHALL NOT BE USED FOR ANY PURPOSE WHATSOEVER OTHER THAN PRIVATE, NON-COMMERCIAL VIEWING PURPOSES. REPRODUCTION, DUPLICATION, DISTRIBUTION, DERIVATIVE WORKS, POSTING, AND OTHER UNAUTHORIZED COPYING OR USE OF THE MATERIAL CONTAINED HEREIN IS EXPRESSLY PROHIBITED.
Fighting Monk grants Participant a non-exclusive, non-assignable, and non-transferable license to use and display, for personal and noncommercial use only, one copy of any material that Participant may download from this site, including, but not limited to, any files, codes, audio, or images incorporated in or generated by the software (collectively “Downloaded Material”) provided, however, that Participant maintains all copyright and other notices contained in such Downloaded Material. Participant acknowledges and agrees not to sublicense, assign, or otherwise transfer this license or the Downloaded Material. Participant also agrees not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Downloaded Material. If Participant wishes to license any Fighting Monk Material, including but not limited to, Material contained in this site, please contact firstname.lastname@example.org.
If you believe that any material contained in this Site infringes your copyright, you should notify Fighting Monk of your copyright infringement claim in accordance with the following procedure.
Fighting Monk will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
Fighting Monk email: email@example.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
USER’S AGREEMENT AND RULES OF CONDUCT FOR FIGHTING MONK SITE:
Use and participation in Fighting Monk’s Internet site is contingent upon Participant’s acceptance of the following terms and rules. By using this web site, Participant accepts these terms. For purposes of this agreement, “Participant” refers to you. “Lemonade: Detroit” refers to Fighting Monk, its parent, subsidiary and affiliated companies.
1. RULES OF CONDUCT:
(a) Participant shall not post or transmit through Lemonade: Detroit any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation. (b) Participant shall not upload, post or otherwise make available on the Lemonade: Detroit site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right.
2. SUBMISSIONS POLICY:
Notwithstanding the above, Participant hereby waives any and all rights to any stories, ideas, drawings, opinions, and any other creative “materials” posted to the Lemonade: Detroit site. Participant authorizes Fighting Monk to utilize, in any manner it sees fit and for eternity, the materials posted on the site, which shall become the property of Fighting Monk. Participant releases Fighting Monk from any and all claims or liability (now known or hereafter arising) in connection therewith, and agrees to indemnify Fighting Monk in connection therewith pursuant to the terms of Paragraph 3 below. Participant agrees and acknowledges that participation in the Lemonade: Detroit site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between Fighting Monk and Participant (other than the contractual relationship between Fighting Monk and Participant entered into by virtue of Participant’s agreement to these Rules of Conduct.)
3. PARTICIPANT’S INDEMNIFICATION / OBLIGATIONS:
Participant agrees to defend, indemnify and hold harmless Fighting Monk, its parent, subsidiary and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs and expenses (including attorneys fees) arising out of Participant’s use of Fighting Monk sites, or arising out of any violation of these Rules of Conduct by Participant including, without limitation, any communication by Participant which is claimed to be defamatory, obscene or otherwise unlawful, which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.
Fighting Monk shall have the right to immediately terminate any Participant’s use of the Fighting Monk site if Fighting Monk determines in its sole discretion that Participant has violated the Rules of Conduct set forth herein or otherwise breached this agreement, or has engaged in conduct which Fighting Monk determines in its sole discretion to be unacceptable.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the State of Masachusetts, and parties consent to the jurisdiction of the courts in Massachusetts without regard to its conflict of laws rules.
The Fighting Monk site contains neither expressed no implied warranties for use. Fighting Monk does not warrant that the site will be without viruses or defects, and Fighting Monk is not responsible for any repair or maintenance visitor’s system may require as a result of using the Fighting Monk site.
This site is operated by Fighting Monk from its headquarters in Melrose, MA. Participants attempting to access this site from other locations do so of their own volition and shall comply with any applicable local laws governing interactive sites.
© 2011 Fighting Monk, Inc. All Rights Reserved.