ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THESE TERMS AND CONDITIONS OR THE WEB SITE, PLEASE CONTACT US [WEEKDAYS MONDAY THROUGH FRIDAY, 9AM TO 5PM EASTERN STANDARD TIME AT (800) 863-1795. THE FOLLOWING ARE THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITE LOCATED AT monsterfulvr.com (the “Web site”). PLEASE READ THEM CAREFULLY BEFORE USING THIS WEB SITE.
BY USING THE WEB SITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THE FOLLOWING TERMS AND CONDITIONS (AS WE MAY AMEND OR TERMINATE THEM IN WHOLE OR IN PART FROM TIME TO TIME) AND ALL APPLICABLE LAWS. PLEASE NOTE THAT SECTION 16 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.
We reserve the right to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of this Web site following our posting of any changes to these Terms and Conditions means that you accept those changes.
THIS WEB SITE AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONSTERFUL VR, INC (“MONSTERFUL VR”) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT. MONSTERFUL VR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE, THE INFORMATION, MATERIAL, PRODUCTS AND/OR GRAPHICS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE, INCLUDING ANY BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MONSTERFUL VR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE OR THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
All of the information in this Web site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Web site, and MONSTERFUL VR does not undertake any obligation to update such information after it is posted or to remove such information from this Web site if it is not, or is no longer, accurate or complete.
RESTRICTIONS ON USE
You may use this Web site for purposes expressly permitted by this Web site. You may not use this Web site for any other purpose, including any commercial purpose, without MONSTERFUL VR’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Web site, or (ii) frame this Web site, or (iii) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Web site, or use any such automated means to manipulate the Web site, such as automating what are otherwise manual or one-off procedures or (iv) take any action to interfere with, or disrupt, the Web site or any other user's use of the Web site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Web site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions, or (v) resell use of, or access to, the Web site to any third party without the express prior written permission of an authorized representative of MONSTERFUL VR. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Web site or content accessible within this Web site. You agree to cooperate with MONSTERFUL VR in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
All designs, text, graphics and images, and the selection and arrangement thereof, that are part of this Web site are the property of, or are used with permission by, MONSTERFUL VR and are protected by trade dress, copyright, trademark and other laws relating to intellectual property rights. Some materials on the Web site belong to third parties who have authorized MONSTERFUL VR to display the materials. No material and no software from this Web site or any web site owned, operated, licensed, or controlled by MONSTERFUL VR may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the MONSTERFUL VR’S copyrights and other proprietary rights. The use of any such material on any other web site or networked computer environment is prohibited without MONSTERFUL VR’S express written consent. All trademarks, service marks, and trade names are proprietary to MONSTERFUL VR or other designated owner of a posted mark. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Web site. All rights not granted under these Terms and Conditions are reserved by MONSTERFUL VR.
In the event a MONSTERFUL VR product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, MONSTERFUL VR and its retailers shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MONSTERFUL VR and its retailers shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has already been charged for the purchase and your order is canceled, MONSTERFUL VR or its retailers shall issue a credit to your credit card account in the amount of the incorrect price.
LICENSE AND WEB SITE ACCESS
RISK OF LOSS
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONSTERFUL VR AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEB SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF MONSTERFUL VR (OR ITS AUTHORIZED REPRESENTATIVE) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF MONSTERFUL VR AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED IN AGGREGATE TOTAL THE GREATER OF $100 OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE OR ANY SERVICE OR PRODUCT(S) OUT OF WHICH LIABILITY AROSE.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE:
Materials may be made available via the Web site by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Web site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Web site.
If you believe any materials on the Web site infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
208 East 51st Street, Suite 316, New York, NY 10022
This Web site may include e-mails, bulletin boards and chat rooms (“Bulletin Boards”), which allow feedback to MONSTERFUL VR and real-time interaction between users.
MONSTERFUL VR does not control the messages, information or files delivered to Bulletin Boards, unless otherwise noted therein, and MONSTERFUL VR has no obligation to monitor such Bulletin Boards. However, MONSTERFUL VR reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in MONSTERFUL VR’S sole discretion are objectionable or in violation of these Terms and Conditions.
You acknowledge that you alone are responsible for the content of messages, information and materials that you may post on the Bulletin Boards, and consequences of any such messages, information or materials.
RULES OF CONDUCT
It is a condition of your use of the Bulletin Boards and this Web site that you do not:
MONSTERFUL VR reserves the right to monitor use of this Web site to determine compliance with these Terms and Conditions, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither MONSTERFUL VR nor any third party that provides Content to MONSTERFUL VR will assume or have any liability for any action or inaction by MONSTERFUL VR or such third party with respect to any submission.
You are and shall remain solely responsible for the content of any creative materials, including creative suggestions, ideas, notes, drawings, photographs, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the “Information”) you transmit to MONSTERFUL VR via this Web site, Internet electronic mail or otherwise. The Information shall be and remain the property of MONSTERFUL VR. Without limiting the ownership of the foregoing in any way, you hereby grant to MONSTERFUL VR the royalty-free, perpetual, irrevocable, worldwide, transferable, sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Information and to incorporate any Information in other works in any form, media, or technology now known or later developed. You agree that all Information you submit to us is fully owned completely by you, and you agree to transfer and hereby assign to MONSTERFUL VR all ownership right, title and interest in the Information submitted to MONSTERFUL VR or to Support@MonsterfulVR.com, including but not limited to, the right to publish the Information, use it on our web sites, or in advertising of any type, with no obligation to pay you any consideration. MONSTERFUL VR will not be required to treat any Information as confidential, and may use and Information in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MONSTERFUL VR operations.
You agree to indemnify, defend, and hold harmless MONSTERFUL VR, its subsidiaries, affiliates and their officers, directors, employees, agents, licensors, retailers and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Web site using your internet account. You agree that you will also indemnify and hold the Service Providers harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Web site.
THIRD-PARTY LINKS AND RETAILERS
MONSTERFUL VR may provide links and pointers to internet sites maintained by others (“third party sites”) as well as the location of participating retailers. MONSTERFUL VR has not reviewed all of the third party sites linked to this Web site and is not responsible for the contents of or any products or services offered in such third-party sites. Also, access to participating retailers does not constitute an endorsement by MONSTERFUL VR or any of its subsidiaries or affiliates of any retailers, or the resources, products or services offered by them. MONSTERFUL VR has no responsibility or liability for these third-party independent policies or actions and is not responsible for the privacy practices or the content of such third-party web sites or retailers. Likewise, MONSTERFUL VR is not the seller of products purchased from such retailers and is in no way responsible for shipping products and MONSTERFUL VR disclaims any and all responsibility for shipping and handling of any products. While MONSTERFUL VR may provide links and locations of participating retailers and vendors who sell their products on-line, MONSTERFUL VR cannot control the completion or validity of transaction of such retailers and vendors, the content of their websites, and does not endorse or control these independent retailers and vendors. These linked sites and store locations are only for your convenience and therefore you access them at your own risk. However, MONSTERFUL VR seeks to protect the integrity of its Web site and the links placed upon it and therefore welcomes any feedback on not only its own Web site, but for sites and retailers it links to as well (including if a specific link does not work).
This Agreement and your use of this Web site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the state of New York, U.S.A., without giving effect to any principles of any choice of law provisions, and not by the U.N. Convention on Contracts for the Sale of Goods. Subject to the binding arbitration clause below, you agree that jurisdiction over and venue in any legal proceeding involving MONSTERFUL VR directly or indirectly arising out of or relating to this Web site or use of our products and services (including but not limited to the purchase of MONSTERFUL VR products in any allowable court action shall be in the state or federal courts located in New York County, New York. Any cause of action or claim you may have with respect to the Web site or use of our products and services (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises or shall be deemed waived. MONSTERFUL VR may give you responses or notices by electronic mail, posting to this Web site or by written communication sent by U.S. Postal Service. MONSTERFUL VR’S failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. These Terms and Conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. MONSTERFUL VR may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of this Agreement 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. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
Arbitration and Venue. Notwithstanding anything to the contrary, any dispute relating in any way to your visit to or use of the Web site or to products you purchase or services you use from MONSTERFUL VR shall be exclusively submitted to confidential arbitration in New York, New York, no matter what legal theory such dispute is based on or what remedy is sought, except that, to the extent you have in any manner violated or threatened to violate MONSTERFUL VR’s intellectual property rights, MONSTERFUL VR may seek injunctive or other appropriate relief in any state or federal court in the state of New York and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
You are prohibited from using any services or facilities provided in connection with this Web site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, MONSTERFUL VR reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. MONSTERFUL VR reserves the right to investigate suspected or actual violations of these Terms and Conditions.
MONSTERFUL VR reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MONSTERFUL VR to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MONSTERFUL VR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MONSTERFUL VR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MONSTERFUL VR OR LAW ENFORCEMENT AUTHORITIES.
Last updated: August 3, 2018
© 2017 MONSTERFUL VR, INC.