DirtMonkey.net Terms of Use

Terms of Use

Last Modified: [6-27-2014]

The following terms and conditions (the "Terms of Use") together with any documents referred to herein apply to your use including its content, any servers, computers or networks used to provide the Website, and any services or items obtained through the Website (collectively with the Website, the "Services"). These Terms of Use constitute a legally binding agreement between you, the Company and Dirt Monkey LLC.

By using any of the services [or by clicking to accept or agree to the Terms of Use when this option is made available to you], YOU AGREE AND CONSENT TO BE BOUND BY THESE TERMS of use, INCLUDING ANY CHANGES TO These terms of use OR ADDITIONAL POLICIES INCORPORATED herein BY REFERENCE WHICH the company MAY MAKE IN ITS SOLE DISCRETION, FOR AS LONG AS YOU USE THE SERVICES. If you do not agree to these Terms of Use or The Privacy Policy, DO NOT USE the Website.

In addition to any other rights or remedies afforded the Company under or otherwise in connection with these Terms of Use, you agree and acknowledge that you have read and agree to comply with the Company’s Privacy Policy, which are incorporated into these Terms of Use.

Accessing the Services and Account Security

By using the Services, you represent and warrant that you are at least 13 years old. If you are at least 13 years old but under the age of 18, you may only use the services if you have consent from your parent or legal guardian. Accordingly, you agree that you are at least 18 years of age or have obtained the consent of your parent or legal guardian to use the services, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms of Use.

We reserve the right to modify or terminate the services, including but not limited to any material we provide on the Website, in our sole discretion without notice. Dirt Monkey will not be liable if all or any part of the Website is unavailable at any time or for any period.

You are responsible for obtaining access to the services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the services. You are responsible for ensuring that all persons who access the services through your internet connection are aware of these Terms of Use, and that they comply with them.

To access the services or some of the resources offered, you may be asked to provide certain registration details or other information. It is a condition of your use of the services that all the information you provide on the Website is correct, current and complete.

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify the Company of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

Intellectual Property Rights

The Services (including but not limited to all Website information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are permitted to use the Services for your personal, use only [or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company]. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, including material sold on or through the Website, except to:

• Store copies of such materials temporarily in RAM.

• Store files that are automatically cached by your browser for display enhancement purposes.

• Print a reasonable number of pages of the Website for a permitted use.

You must not:

• Modify copies of any materials available on or through the Website, whether or not you purchase such materials.

• [Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.]

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available on or through the Website.

• Reproduce, sell or exploit for any commercial purposes any part of the Services or materials obtained through the website.

[If you wish to make any use of material on the Website other than that set out in this section, please address your request to the web address listed on the site.

If you print, copy, modify, download or otherwise use any part of the Services or materials in breach of the Terms of Use, your right to use the Services and/or materials will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services, including but not limited to any materials on the Website, is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services or materials not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Dirt Monkey will not be held responsible or liable from any actions you take by heeding the advice given held within the website or otherwise. You and you alone are responsible for any actions or outcomes that occur from the information given by subscribing, downloading, listening or using the information offered by Dirt Monkey.

Trademarks

The Company and all related names, logos, product and service names, designs and slogans are trademarks of the Company, or their affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or

software to and from the United States or other countries).

• To impersonate or attempt to impersonate any other person or entity (including, without limitation, the use of e-mail addresses associated with the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.

• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including to monitor or copy any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the Services.

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services.

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Services.