http://fivemonkeys.io (the "Service") is operated by Jan Sramek (the "Operator"). Unless explicitly agreed otherwise, the following terms and conditions govern all use of the Service.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. If these terms and conditions are considered an offer by the Operator, acceptance is expressly limited to these terms.
If you create an account for yourself on the Service, or if one is created for you on your behalf by someone else, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account.
You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
For residents of the United States, or other countries with legislation similar to The Children's Online Privacy Protection Act of 1998 (COPPA), the Service is available only to individuals who are at least 13 years old.
We have not reviewed, and cannot review, all of the information provided on our Service, and cannot therefore be responsible for that material's content, use, or effects. By operating the Service, we do not represent or imply that we endorse the material there posted or that we believe such material to be accurate, useful or non-harmful.
The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
We ask others to respect our intellectual property rights and respect the intellectual property rights of others. If you believe that material accessible through the Service violates your copyright, you are encouraged to notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material.
We will terminate a visitor's access to the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Operator or others.
This Agreement does not transfer from the Operator to you any of the Operator's or third party's intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the Operator.
Five Monkeys, Five Monkeys logo, and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of the Operator or their licensors. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of other third parties.
Your use of the Service grants you no right or license to reproduce or otherwise use any of the Operator's or third-party trademarks.
We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your account on the Service (if you have one), you may simply discontinue using the Service.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Service is provided "as is". We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
Neither us nor our suppliers and licensors make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you use the Service at your own discretion and risk.
In no event will we, our suppliers, or our licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use, loss, or corruption of data.
We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless us, our contractors, and our licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Operator or by the posting by the Operator of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, and any access to or use of the Service, will be governed by US law. The proper venue for any disputes arising out of or relating to any of the same will be the appropriate courts of the United States of America.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. We will also keep prior versions of these Terms of Service for your review.
We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
You are welcome to copy and use our terms for your purposes under the same license if you'd like to.