Website Terms
of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date:
This Terms of Use Agreement was last updated on October 1, 2006.
This
Terms of Use Agreement sets forth the standards of use of the Mono Mia Website. By using the monomia.net website
you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or
update the terms and conditions of this agreement without prior notice. Modifications shall become effective
immediately upon being posted at monomia.net Your continued use of the Site after amendments are posted
constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph,
this Agreement may not be amended.
1. Description
of Service
Mono Mia is providing Member with information about its online store
and product line. Member must provide (1) all equipment necessary for their own Internet connection,
including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such
connection.
2. Disclaimer
of Warranties
The site is provided by Mono Mia on an “as is”
and on an “as available” basis. To the fullest extent permitted by applicable law, Mono
Mia makes no representations or warranties of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy, reliability, or otherwise. Nicolle Brown shall
have no liability for any interruptions in the use of this Website. Mono Mia disclaims all warranties
with regard to the information provided, including the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore
the above-referenced exclusion is inapplicable.
3.
Limitation of Liability Mono Mia SHALL NOT be liable
for any damages whatsoever, and in particular Mono Mia shall not be liable for
any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use,
arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence,
tort, under statute, in equity, at law, or otherwise, even if Mono Mia has been advised of the possibility
of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATION IS INAPPLICABLE.
4.
Indemnification Member
agrees to indemnify and hold Mono Mia subsidiaries, affiliates, officers and employees, harmless from
any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of
Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service
using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications
and Interruption to Service
Mono Mia reserves
the right to modify or discontinue the Service with or without notice to the Member. Mono Mia shall
not be liable to Member or any third party should Mono Mia exercise its right to modify or discontinue the
Service. Member acknowledges and accepts that Mono Mia does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors
or circumstances outside of our control.
6.
Third-Party Sites Our
website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You
acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You
should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links
or the content located on such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies
of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While Mono Mia makes every effort to ensure
that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability
of any information provided on this website. Mono Mia makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties
provided by any Vendor shall be at your own risk.
8. Governing
Jurisdiction of the Courts California
Our
website is operated and provided in the State of California. As such, we are subject to the laws of the State California
and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no
representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly,
if you choose to access our site you agree to do so subject to the internal laws of the State California.
9. Compliance
with Laws
Member assumes all knowledge
of applicable law and is responsible for compliance with any such laws. Member may not use the Service in
any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member
further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All
content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2006 Mono Mia with all rights reserved,
or is the property of Mono Mia and/or third parties protected by intellectual property rights. Any
use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution,
or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written
permission of an authorized officer of Mono Mia is strictly prohibited. Members agree
that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or
the content contained therein without prior written permission of an authorized officer of Monomia.
Mono
Mia and www.monomia.net are proprietary marks of Mono Mia. Mono Mia trademarks
may not be used in connection with any product or service that is not provided by Mono Mia, in any manner
that is likely to cause confusion among customers, or in any manner that disparages or discredits Mono Mia.
All other trademarks
displayed on Mono Mia's website are the trademarks of their respective owners, and constitute neither
an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the
web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation
with Mono Mia.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, Mono Mia designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Email: info@monomia.net
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful,
void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected
thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by Mono Mia in our sole
discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation
as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and
disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.