While using the Service, you agree not to (a) upload, post, process, reproduce, distribute, send or otherwise transfer or make available (collectively “Transmit” and “User Content” respectively) any content that is, in any jurisdiction were so Transmitted, illegal, abusive, obscene, defamatory, inflammatory, libelous, hateful, or racially, ethnically, sexually or otherwise objectionable (including links to other websites showing any of the forgoing); (b) Transmit any User Content that may infringe or promote the infringement of any copyright, patent, trademark, service mark, trade secret, sui generis right, moral right, celebrity right, right of attribution, or other intellectual or proprietary right of any party or any application for any of the forgoing (“Intellectual Property Right”);(c) Transmit any material that contains software viruses, worms, Trojan horses, defects, date bombs, time bombs or any other malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) disrupt or interfere with the security of, or otherwise abuse, the Service, its system resources, accounts, servers, or networks connected to or accessible through the Company or affiliated or linked websites or access, hack or deface any portion of the Company, tamper with or use non-public areas of the Company; (e) Transmit false or misleading information or falsely represent yourself as any other person, or misrepresent yourself as a representative or affiliate of any person or entity or as another client; (f) disrupt or interfere with any other user’s use or enjoyment of the Service or affiliated or linked websites or use the account or password of others; (g) Use any information obtained from the Service in order to harass, abuse, or harm another person; or (h) express or imply that any statements you make are endorsed by us, without our prior written consent; (i) sublicense, sell, lease, or rent the Service, whether or not for consideration; (j) decompile, disassemble, or reverse engineer the Services; (k) sharing of password and/or username and simultaneous access to the Services, via the same password and/or username or otherwise.

You hereby acknowledge that you may only upload User Content that is in formats supported by the Service, as may be presented to you by the Company (as may be amended from time-to-time). User Content in non-supported formats may not display or work properly, and therefore you are required to convert any User Content into a supported format prior to uploading it. We reserve the right, at our sole discretion, to remove any User Content that is in a non-supported format.

Ownership and License in User Content. We do not claim ownership of any copyright in your User Content. You hereby represent towards CodeMonkey that you either own or have sufficient license to upload or use any User Content you upload to the Service. You continue to retain all ownership rights in such User Content. Notwithstanding the foregoing, by Transmitting User Content to the Service, you expressly grant, to CodeMonkey a non-exclusive, perpetual, irrevocable, worldwide royalty-free, sublicensable, transferable, license to use, reproduce, distribute, syndicate, publish, publicly perform, publicly display, modify, translate, edit and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, for use in connection with the Service and our CodeMonkey’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, display, reproduce and perform such User Content solely as permitted through the functionality of the Service and under these Terms of Use. Without derogating of the above, we may preserve User Content (including, Confidential Information) and may also, in our sole discretion, disclose any such User Content and the circumstances surrounding the Transmission or use thereof, in order to (a) operate the Service; (b) protect the rights, property, or personal safety of the Company, our affiliates, contractors, employees, partners, licensors, and users or the public; (c) comply with legal obligations, governmental requests or other legal process; (d) enforce these Terms; (e) respond to claims that any content violates the rights of third-parties.

You hereby acknowledge that we may or may not screen User Content. CodeMonkey and its staff have the right, but no obligation, in its sole discretion, to remove any User Content. With no restriction to the mentioned above, CodeMonkey and its staff have the right to check, deny, or remove any User Content if it violates any of these Terms, or is otherwise objectionable. You agree that you must evaluate the use of any User Content uploaded by another user, and that you are responsible for the associated risks, including, any reliance on the mentioned User Content’s accuracy, completeness, or usefulness.

5.1 DMCA Policy

CodeMonkey respects the intellectual property rights of others and expects you to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our designated copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA) (such act may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. Upon receipt of such notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the web site or any Service. For your complaint to be valid under the DMCA, you must provide us with the following information when providing notice of the claimed copyright infringement:

Identify the copyrighted work that you claim has been infringed (or a preventative list of the copyrighted works – if multiple copyrighted works are the subject matter of such notice).

Identify the material or link you claim is infringing (or the subject of infringing activity) and that is to be removed.

Include the following statements:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”

“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Provide your full legal name and your electronic or physical signature. If you believe in good faith that a notice of copyright infringement has been wrongly filed by CodeMonkey against you, the DMCA permits you to send CodeMonkey a counter- notice. If a counter-notice is received by CodeMonkey, we may send a copy of the counter- notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against CodeMonkey or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.

All claims of copyright infringement for the Site should be addressed to: info@codemonkey.com