Terms of use

Terms of Use The Mona Benz Creative website located at monabenzcreative.com is copyrighted and belongs to Mona Benz Creative. Certain features of the site may be subject to additional guidelines, terms or policies that will be posted on the site in connection with those features.

All such additional terms, guidelines and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms that govern your use of the Site. BY SUBSCRIBING TO THE SITE, YOU SUBSCRIBE TO THESE TERMS AND CONDITIONS and represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE 18 YEARS OF AGE OR OLDER TO ACCESS THE SITE. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

These Terms require the use of arbitration under Section 10.2 for individual dispute resolution and also limit the remedies available to you in the event of a dispute. These Terms of Use were created using the Terms of Use Generator.

Access to the Site
Subject to these Terms of Use. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your personal, non-commercial use.

Certain limitations. The rights granted in these Terms are subject to the following limitations: (a) you may not sell, rent, lease, loan, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you may not modify, create derivative works from, disassemble, reverse compile, or reverse engineer any portion of the Site; and (c) you may not access the Site to create similar or competing websites; and (d) except as expressly provided herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, except as otherwise provided herein, any future release, update or other addition to the functionality of the Site is subject to these terms and conditions. All copyright and other proprietary notices must be maintained on all copies of the Site.

The Company reserves the right to modify, suspend or discontinue the Site with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

No Support or Maintenance. You agree that the Company shall have no obligation to provide you with any support in connection with the Site.

Except for any User Content that you may provide, you understand that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Site and its content are owned by the Company or its suppliers. You acknowledge that these Terms and access to the Site do not grant you any right, title or interest in any intellectual property rights, except for the limited access rights expressed in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms.

Third party links and advertisements; other users
Third party links and ads. The Site may contain links to third party websites and services and/or display third party advertisements. These third party links and advertisements are not under the Company's control and the Company is not responsible for third party links and advertisements. The Company provides access to these Third Party Links and Third Party Ads solely as a convenience to you and does not review, endorse, monitor, approve, warrant or make any representations regarding the Third Party Links and Third Party Ads. You use all Third Party Links and Advertisements at your own risk and should exercise reasonable care and discretion in doing so. When you click on any Third Party Links and Ads, the terms and policies of the applicable third party, including the third party's privacy and data collection practices, apply.

Other users. Each user of the Site is solely responsible for all of their user content. Because we have no control over User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. You agree that the Company shall not be liable for any loss or damage arising from such interactions. If a dispute arises between you and any User of the Site, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from all past, present, and future disputes, claims, controversies, demands, rights, liabilities, liabilities, actions, and causes of action of every kind and nature arising out of or relating to the Site, directly or indirectly.

Cookies: like other websites, Mona Benz Creative uses "cookies". These cookies are used to store information including visitor preferences and the pages on the website that the visitor has visited. This information is used to optimize the user experience by customizing the content of our website based on the visitor's browser type and/or other information.

Disclaimer
The Site is provided on an "as is" and "as available" basis and the Company and our suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. Neither we nor our suppliers warrant that the Site will meet your requirements, that it will be uninterrupted, timely, secure or error-free, or that it will be accurate, reliable, free of viruses or other harmful code, complete, legal or secure. To the extent applicable law requires any warranties regarding the Site, all such warranties are limited to a period of ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on the duration of implied warranties, so the above limitation may not apply to you.

Limitation of Liability
To the maximum extent permitted by law, in no event shall the Company or our suppliers be liable to you or any third party for any lost profits, loss of data, cost of procurement of replacement products, or for any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with these Terms or your use of or inability to use the Site, even if the Company has been advised of the possibility of such damages. Access to and use of the Site is at your sole discretion and risk, and you are solely responsible for any damage to your equipment or computer system or loss of data that results therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained in this agreement, our liability to you for any damages arising out of or in connection with this agreement shall at all times be limited to a maximum of £1150. The existence of more than one claim shall not extend this limit. You agree that our suppliers shall have no liability of any kind arising out of or in connection with this agreement.

Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Deadline and termination. Subject to this section, these Terms remain in full force and effect for as long as you use the Site.We may suspend or terminate your rights to use the Site at any time for any reason in our sole discretion, including any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Site will terminate immediately. You acknowledge that any termination of your account may include the deletion of your User Content associated with your account from our live databases, and the Company shall have no liability to you for any termination of your rights under these Terms. The following provisions of these Terms will survive termination of your rights under these Terms: Sections 2 through 2.5, Section 3, and Sections 4 through 10.

Principles of copyright protection.
The Company respects the intellectual property of others and asks users of our site to do the same. In connection with our Site, we have adopted and implemented a copyright respect policy that provides for the removal of any infringing material and the termination of users of our online Site who repeatedly infringe intellectual property rights, including copyright.

If you believe that any of our users are unlawfully infringing the copyright in a work(s) through their use of our site and you want the allegedly infringing material removed, you must provide the following information in the form of a written notice (pursuant to 17 U.S.C. § 512(c)) to our designated copyright agent:

your physical or electronic signature;
Identification of the copyrighted work(s) that you claim have been infringed;
Identification of the material on our Services that you claim is infringing and that you request be removed;
sufficient information to enable us to locate such material;
your address, telephone number and email address;
a statement that you have a good faith belief that use of the material at issue is not authorized by the copyright owner, its agent, or by law; and
a statement that the information in the notice is accurate and, under penalty of perjury, that you are either the owner of the copyright that is allegedly infringed or that you are authorized to act on behalf of the copyright owner.
Please note that under 17 U.S.C. § 512(f), any misrepresentation of material facts in the written notice automatically makes the complaining party liable for all damages, costs, and attorney's fees incurred by us in connection with the written notice and allegations of copyright infringement.

General
These Terms are subject to change from time to time, and if we make any material changes, we may notify you by sending an email to the last email address you provided to us and/or by prominently posting a notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the most recent email address you provided to us is not a valid email address, our sending of an email containing such notice will still constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days after the email notice is sent or thirty (30) calendar days after the notice of changes is posted on our Site. For new users of our site, these changes will be effective immediately. Your continued use of our Site after notice of such changes means that you acknowledge such changes and agree to be bound by the terms of such changes. Dispute Resolution. Please read this arbitration agreement carefully. It is part of your agreement with the Company and affects your rights. It contains the procedures for BINDING ARBITRATION AND ESTABLISHING A CLASS ACTION.

Applicability of the arbitration agreement. All claims and disputes relating to the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis pursuant to the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be conducted in English. This Arbitration Agreement applies to you and the Company and to all subsidiaries, affiliates, agents, employees, predecessors, successors and assigns, as well as to all authorized or unauthorized users or recipients of the services or goods provided hereunder.

Requirement for notification and informal dispute resolution. Before either party may request arbitration, it must first send the other party a written notice of the dispute describing the nature and basis of the claim or dispute and the relief sought. Upon receipt of the Notice, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days of receipt of the Notice, either party may commence arbitration. The amount of any settlement offer made by either party shall not be disclosed to the arbitrator until the arbitrator has determined the amount of any award to which either party is entitled.

Electronic communication. Communication between you and the Company is by electronic means, whether you use the Site or send us emails, or the Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) agree to receive communications from the Company in electronic form and (b) agree that any terms, conditions, agreements, notices, communications and other communications that the Company provides to you electronically satisfy any legal obligations that such communications would satisfy if they were in paper form.

Full terms and conditions. These Terms constitute the entire agreement between you and us regarding your use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section headings in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms will remain unaffected and the invalid or unenforceable provision will be deemed modified to be valid and enforceable to the maximum extent permitted by law. Your relationship with the Company is that of an independent contractor and neither party is an agent or partner of the other. These Terms and your rights and obligations hereunder may not be assigned, subcontracted, delegated or otherwise transferred by you without the prior written consent of the Company, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing shall be void. The Company may freely assign these Terms. The terms and conditions set out in these Terms shall be binding on the assignors.

Your privacy. Please read our Privacy Policy.

Copyright/Trademark information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on this site are our property or the property of other third parties. You may not use these marks without our prior written consent or the consent of such third party that may own them.