SAFE AND LAWFUL USE OF MONSTER CACHE
You agree to comply with the following when using Monster Cache
- Do not use Monster Cache while driving, biking, or operating any vehicle. Only interact with Monster Cache if your vehicle is stationary and parked.
- Observe all traffic laws, including laws regarding the use of mobile devices while driving, and otherwise drive safely.
- Virtual monsters in Monster Cache are placed across the country using completely random geographical coordinates. Lanitek makes no claim as to the safety or accessibility of any randomly placed monster. Do not trespass onto private property while using Monster Cache. Do not put yourself into a dangerous situation trying to find any specific monster while using Monster Cache.
- Do not use Monster Cache for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
LIMITATION OF LIABILITY
To the extent permitted under applicable law, under no circumstances shall Lanitek or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of Monster Cache, any defects in Monster Cache, or any breach of this Agreement, even if Lanitek or its licensors have been advised of the possibility of such damages.
Be aware that Monster Cache uses Internet access and downloads a large amount of map data from Google Maps. You are responsible for any fees assessed by your wireless telephone carrier to access Monster Cache, including any data plan charges, tolls, out-of-area, roaming, or other telephone connection charges.
Subject to your compliance with the terms of this Agreement, Lanitek hereby grants to you a personal, non-exclusive, non-transferable license to download or otherwise copy Monster Cache onto your wireless device in object code form only. This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to Monster Cache. Except for the limited license expressly granted herein, Lanitek shall own all right, title and interest in and to Monster Cache, including without limitation all intellectual property rights therein.
You agree not to do any of the following:
- Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change Monster Cache, or any part thereof.
- Attempt to derive the source code or structure of Monster Cache without the prior express written consent of Lanitek.
- Remove from Monster Cache, or alter, any of Lanitek's or its partners’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
YOUR LOCATION INFORMATION
Lanitek reserves the right to terminate your access to Monster Cache at any time for any or no reason and without notice to you. You may terminate your Monster Cache account at any time by notifying Lanitek via an email addressed to firstname.lastname@example.org Any such cancellation by you shall become effective upon Lanitek's receipt of your notice. Upon any termination of your Monster Cache account, Lanitek shall have no liability to you or any further obligations under this Agreement. Lanitek is not required to provide refunds for any unused in-application purchases.
To the fullest extent permissible pursuant to applicable law, in no event will Lanitek, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else while playing Monster Cache. You are responsible for the entire risk arising out of your use of Monster Cache.
Monster Cache is provided "as is" and without warranties of any kind either express or implied. Lanitek disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
You understand and agree that Monster Cache is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data, that results from the download of such software.
Lanitek does not warrant that Monster Cache will not infringe on third party intellectual property rights.
Lanitek also does not warrant that your use of Monster Cache will be uninterrupted or error-free. Rather, temporary interruptions of Monster Cache may occur from time to time (such as when you are in an area that has no cell phone coverage or when Monster Cache or your carrier's network is undergoing maintenance). Lanitek will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will Lanitek be liable for any financial or other damages due to such interruptions.
Lanitek also does not warrant the accuracy of the map or other data used for Monster Cache. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions.
Lanitek has technological and operational security policies and procedures -- such as encrypting of passwords during transmision and when stored in our database -- to protect your information from loss, misuse, alteration, or unintentional destruction. However, Lanitek makes no representations or warranties regarding the security of Monster Cache or the transmission of data or information to and from Lanitek and your wireless device. Lanitek will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.
To the extent permitted by applicable law, you agree to indemnify, defend and hold Lanitek and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of Monster Cache.
ARBITRATION AND GOVERNING LAW
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or Monster Cache shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
This Agreement and performance hereunder will be governed by the laws of the State of Kansas, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the State of Kansas for any and all disputes, claims and actions arising from or in connection with Monster Cache.
This Agreement constitutes the entire agreement between Lanitek and you with respect to the subject matter hereof. Lanitek's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Lanitek. Notwithstanding the foregoing, Lanitek may assign this Agreement to any affiliate at any time without notice.
By using Monster Cache, you consent to receive from Lanitek all communications, including notices, agreements, legally required disclosures or other information in connection with Monster Cache (collectively, "Notices") electronically. Lanitek may provide such Notices by posting them on Lanitek's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of Monster Cache. Lanitek may email you occasionally to inform you about our products and services and new features that we think will interest you, unless you inform us that you opt out from receiving such communications.
If you have any questions regarding the terms of this Agreement, please contact Lanitek by sending an email to email@example.com.
NOTE: Additional terms and conditions applicable to you are as follows:
Effective as of February 1, 2013