Thank you for using Montagraph. By accessing the Montagraph website ("Site") or using the services offered by Montagraph ("Services") you agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access the Site or use the services. Montagraph reserves the right to change these Terms at any time.
1. Usage License
Montagraph grants you a limited license to access the Site and use the services in accordance with these Terms and the instructions and guidelines posted on the Site. Montagraph reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
2. User Responsibility
You agree that YOU WILL NOT:
(a) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Montagraph official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(f) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; (m)offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Montagraph determines, in its sole discretion, is inappropriate for sale through the service provided by Montagraph;
(i) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
(j) exceed the scope of the service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content.
(k) engage in commercial activities within the service without prior approval. This includes, but is not limited to, the following activities: i. Displaying a banner that is designed to profit you or any other business or organization; and ii. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
(l) make any automated use of the system.
If any user is reported to be in violation with this terms, Montagraph retains the right to terminate such account at any time without a notice.
4. Proprietary Rights
You acknowledge and agree that Montagraph and any necessary software used in connection with Montagraph services, especially software, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through Montagraph services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Montagraph or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on Montagraph services, the Software, or the data collected on your behalf, in whole or in part.
Montagraph claims no ownership or control over any data collected, posted or displayed by you on or through Montagraph. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to all data and you are responsible for protecting those rights, as appropriate. Montagraph strongly recommends you to protect your private data (here implies photo) by setting its public property to false.
5. Policy Regarding To Trademarks & Copyrights
You are free to incorporate Montagraph's trade names, trademarks, service marks, logos, domain names, and other distinctive brand identities in reviewing the Montagraph service provided that you reproduce them accurately and in good faith of portraying the service to meet with Montagraph's approval. Montagraph also requires that you attribute each instance properly, for instance, with a url to the Montagraph website (http://www.montagraph.com).
6. No Warranty and Limitation of Liability
MONTAGRAPH PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MONTAGRAPH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states in U.S. do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL Montagraph BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT MONTAGRAPH HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH MONTAGRAPH SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states in U.S. do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
Montagraph and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Montagraph and you.
These Terms supersede any previous agreement and represent the entire agreement between Montagraph and you. Any notices and questions must be sent to Montagraph (info at montagraph.com) in English.
(last updated on 12/10/2008)