Terms of Use - RecoMonkey

Terms and Conditions of Use


PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING OR USING RECOMONKEY.COM, PURCHASING PRODUCTS OR OTHER SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE


RecoMonkey.com (the "Website") is owned and operated by RecoMonkey team. This Website is based on services and technologies provided by SmugMug, Inc. and their respective employees, agents, affiliates and contractors (collectively, "SmugMug").

These Terms of Use and SmugMug terms and policies (as applicable) together constitute a binding agreement between you and RecoMonkey.

For SmugMug’s Terms of Use click here.

For SmugMug’s Privacy Policy click here.


These Terms of Use apply to your access to and use of the Website and any other online services provided by RecoMonkey.com or SmugMug when applicable (the "Services"). These Terms of Use also apply to your use of the Services to purchase digital downloads of photos, photographic prints, videos or other related merchandise and products ("Products") through RecoMonkey.com or SmugMug's approved third party vendors and retailers.

By using the Website and/or by electing to purchase any Recomonkey.com Products and Services both from the Website or offline, you accept and agree to these Terms of Use, SmugMug’s Terms of Use and Privacy Policy (mentioned above) and all applicable terms and conditions detailed below. Your use of the Services and your purchase of Products is expressly conditioned upon your agreement to these Terms of Use. If you do not consent to these Terms of Use, you are not permitted to use the Website or any Products and Services. If you access the Products and Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of Use.

The Products and Services are not targeted towards, nor intended for use by, anyone under the age of 18.

RecoMonkey reserves the right to change, modify, revise or otherwise amend any provision of these Terms of Use, and any other terms, policies or guidelines governing your use of the Services, at any time at its sole discretion by providing notice that the Terms of Use have been modified.


Through the Website, RecoMonkey provides access to a variety of information about Recomonkey’s Products and Services that may or may not be available for purchase either on the Website or directly from RecoMonkey.

RecoMonkey strives to publish information accurately, to update the Website regularly and to correct errors when discovered. However, any of the content on the Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website at any time, including to Product prices, photos, videos, names and designations, offers and availability.

All content (including codenames, designations, photos, videos) provided on the Website was received from open sources only.

RecoMonkey does not collect any form of restricted or classified information about equipments, platforms, units or anything else related to the Military or Law Enforcement.

RecoMonkey is not connected with any state, government, intelligence service, agency, media or company.

Information provided on the Website is for general information purposes only, may be provided in summary form only and is not intended to be complete. It is not intended to be relied upon and does not take into account the requirements, objectives, situation or needs of any particular client or project.


1. License Agreements

All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, photos, videos, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by RecoMonkey, its licensors or its content/services providers and is protected by copyright, trademark and other applicable laws.

You may access, share, hotlink and print the photos and videos contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, share or print.

Any other use of content on the site, including but not limited to the modification, distribution, transmission, publication, free of charge downloading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, is expressly prohibited.

RecoMonkey, or its licensors or content/services providers, retain full and complete title to the material provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that can be revoked at any time at RecoMonkey's sole discretion.

By purchasing digital download of any photo or video from the Website through the Services, you agree to the terms of the applicable end user license agreement that has been chosen by you during the purchase on the shopping cart page (either the Commercial Use License or Personal Use License set forth below).


Personal Use License

RecoMonkey.com ("Content Provider") grants buyer a non-exclusive perpetual personal-use license to download and copy the accompanying image(s) or video(s) (collectively, "Media,") subject to the following restrictions:

This license is for personal use only. Personal use means non-commercial use of the Media for display on personal websites and computers, or making image prints or video copies for personal use. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising. The Media may not be resold, relicensed, or sub-licensed.

Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Provider.

There are no warranties, express or implied. The Media are provided 'as is.'

Neither Content Provider nor SmugMug will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the Media.


Commercial Use License

What you can do: RecoMonkey.com ("Content Provider") grants you a perpetual, non-exclusive, non-transferable, worldwide license to use the accompanying image(s) or video(s) (collectively, "Media,") for permitted commercial purposes, defined as:

- advertising, promotion, brochures, packaging

- as part of a commercial website for promotional purposes (maximum 800x600 pixels) use

- prints, posters, flyers, tearsheets for promotional purposes (not for resale)

- prints, posters, or other commercial display of Media

- magazines, books, newspapers, other printed publications

- video, broadcast, theatrical.

What you may not do: Buyer may not resell, relicense, redistribute without express written permission from Content Provider. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks. Media may not be made available for download.

Content Provider retains all rights, license, copyright, title and ownership of the Media.

There is no warranty, express or implied, with the purchase of this digital image or video file. Neither Content Provider nor SmugMug will be liable for any claims, or incidental, consequential or other damages arising out of this license or buyer\'s use of the Media.


Please note that if you download photos or videos from the Website, you are not automatically granted any license rights by RecoMonkey to such Media. Any Media license will be expressly communicated by RecoMonkey at the time such Media is downloaded or purchased (e.g., on the shopping cart page). If you have any questions regarding Media licenses or permissions beyond the scope of these licenses, please contact us at mail@recomonkey.com.


2. Sharing and Hotlinking

You may create a text hyperlink to the Website, provided such link does not portray RecoMonkey or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by RecoMonkey at any time.


3. Customer password

As a part of the paid Services, we may provide you with access to and use of certain personalized pages/galleries with personal password for bulk download of photos and videos.

You are solely responsible for maintaining the confidentiality of such and for restricting access to your password and physical access to your computer. You accept responsibility for all activities that occur under your user account.


4. Third Party Services

RecoMonkey Website is based on SmugMug software and services. We use SmugMug and their respective partners as payment service provider for the digital downloads and other applicable purchases.

By purchasing our Products through the website and Services, you accept and agree to the Terms of Sale set forth in SmugMug’s Terms of Use contain additional terms, conditions and policies applicable to your purchase of Products through the Services.


5. DISCLAIMERS

YOUR USE OF RECOMONKEY.COM IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RECOMONKEY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. RECOMONKEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MEDIA FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MEDIA OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RECOMONKEY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. RECOMONKEY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND MEDIA ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.


6. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND MEDIA. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RECOMONKEY NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS RECOMONKEY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RECOMONKEY NOR ITS SMUGMUG SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RECOMONKEY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.



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