Monmar, UAB (”Monmar”, “Company”, “we” or “us”) welcomes you. We provide the website at simonsays.fit (the “Site”) and macOS application (”Simon Says”, “application” and “app”) to you, subject to the terms and conditions contained in this Terms of Service (this “TOS”). This TOS governs the relationship between Company and you, the User of the Site.
Please read this TOS carefully as it contains legal obligations. YOU AGREE THAT BY USING OUR SERVICES (DEFINED IN SECTION 3 BELOW), OR BY ACCESSING OR USING OUR SITE, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH MONMAR. If you are using or accessing the Services or Site on behalf of your employer, another individual or an entity, such as a corporate entity, trust, partnership or other organization (collectively, “Authorizing Party”), you represent that you are duly authorized by such Authorizing Party to enter into this TOS on behalf of such Authorizing Party (and “you” as used in this TOS refers both to you individually and to the Authorizing Party). You also represent to Monmar that you are of the legal age to form a binding agreement with us and that you are not a person or entity barred from accessing or using the Site under the laws of the Republic of the Republic of Lithuania or other applicable jurisdiction.
We reserve the right to update or make changes to this TOS from time to time in our sole discretion, and we may notify you of changes by notifying you at the email address you provide us or posting the revised version of this TOS on the Site, which changes will become effective immediately upon the transmission of such email, whichever occurs first. Please return to this page periodically to ensure familiarity with the most current version of this TOS. Your continued access or use of the Services (defined in Section 3) or Site after any changes to this TOS shall constitute your agreement and consent to such changes. You agree that your use, access and purchase of any Services may be subject to any additional posted guidelines, rules, terms and conditions applicable to such Services (collectively, “Policies”), which are hereby incorporated by reference into this TOS. In the event that any terms or conditions of such Policies contradict or are inconsistent with the terms and conditions of this TOS, such Policies will govern and prevail solely with respect to the specified Services to which they apply.
3.2 “Services” means any and all services made available in the App, including without limitation any information, features, functionality and applications offered on the Site from time to time. Access to certain Services may be based on the type of functionality you have purchased.
3.3 “User” means any user of the Services and/or Site.
Subject to your acceptance of, and compliance with, this TOS, we grant you a non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable limited right to access and use the Site and the Services to which you have subscribed. The Services and Site are protected by copyright, trademark, and other laws of both the Republic of Lithuania and foreign countries. Except as expressly provided herein, nothing in this TOS gives you a right to use our trademarks, trade names, service marks, logos, domain names, or other brand features. Monmar and its licensors reserve all rights not expressly granted in this TOS.
Without limiting any right, privilege, limitation or reservation contained elsewhere in this TOS and benefiting the Company, the Company reserves the following rights:
(i) Monmar reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Services or Site in any way and at any time, with or without notice to you. You agree that any notices to you will be deemed provided to you and effective on the date of posting on the Site. You agree that (a) Monmar shall not be liable, in whole or in part, to you or to any third party for any modification, suspension or discontinuance of the Services or Site, and (b) your continued use of the Services or Site after any changes to the Services or Site have been implemented will be deemed your acceptance of such changes. In the event that the Services are discontinued, you will be responsible for the applicable subscription fees, on a pro-rata basis, through the date of the discontinuance of such Services.
In using and accessing the Site and Services, you agree to comply with all applicable federal, state, local and international laws and regulations, including privacy laws, and export and import laws, regulations, orders or other restrictions, including those administered by the Republic of Lithuania’s applicable government agency.
7.3 The Company uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store any non-public information provided to us through the Services or Site, or otherwise collected by the Company in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third-party “hackers” from illegally accessing our site and obtaining access to Content or information thereon.
8.1 You understand that Monmar cannot and does not guarantee or warrant that Site or Services provided by us will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES AND SITE IS AT YOUR SOLE RISK, AND THAT THE SERVICES AND SITE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY AND ITS AFFILIATES OR SUBSIDIARIES, AND THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “COMPANY PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR THE COMPANY PARTIES PROVIDE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND SITE AND OPERATORS OF EXTERNAL SITES.
8.2 WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES DO NOT REPRESENTS OR WARRANT THAT THE SITE, ITS CONTENT OR ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR CONTENT OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Services, including any mobile software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone’s use of any Services or the Site, any third party applications, software or Content posted on or through the Services or Site, or transmitted to Users, or any interactions between Users of the Services or Site, whether online or offline.
8.3 WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES, THE SITE OR ANY CONTENT THEREON OR ANY CONTENT YOU RECEIVE AS A RESULT OF YOUR RELATIONSHIP WITH MONMAR OR OTHER USERS. MONMAR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, THE SITE OR ANY CONTENT. YOU ALSO AGREE THAT MONMAR HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES OR THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MONMAR OR THROUGH THE SERVICES OR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8.4 UNDER NO CIRCUMSTANCES WILL COMPANY OR ANY COMPANY PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR COST OF SUBSTITUTE PROCUREMENT, LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES OR SITE OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, OR COST OF RECOVERY OR OTHER DAMAGES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING ANYTHING ELSE IN THIS TOS, COMPANY’S AND COMPANY PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, THE SERVICES OR SITE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO COMPANY DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE ON WHICH COMPANY RECEIVES NOTICE OF A CLAIM FROM YOU. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 7 IS AN ESSENTIAL ELEMENT OF THIS TOS.
Unless terminated by the Company, this TOS will remain in full force and effect while you use the Site or any of the Services. You may terminate this TOS at any time by ceasing to use the Services and Site. Upon termination of this TOS for any reason or no reason, you shall destroy and remove from all computers, and other storage media, all Content (including, without limitation, copies of any intellectual property) owned by the Company or any other User of the Services or Site that you received as a result of your use of the Services or Site. Your representations and warranties in this TOS and the provisions of Sections 2, 3, 4, 7, and 8 and any other provision which by their nature are designed to survive termination or expiration of this TOS shall survive any termination or expiration of this TOS.