Terms of Use

1. Your Acceptance

A. By using and/or visiting this application / web site (collectively, including all content and functionality available through the MorphMonkey domain name or domain name extensions), you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, please do not use our application / web site.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version in this location. We may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Content

A. These Terms of Service apply to all users of the MorphMonkey application / web site, including users who are also contributors of images, information, and other materials or services on our application / web site.

B. MorphMonkey application / web site may contain links to third party websites that are not owned or controlled by MorphMonkey. MorphMonkey has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

3. Accounts

A. You agree not to distribute in any medium any part of the application / web site, without our prior written authorization.

B. You agree not to alter or modify any part of the application / web site, including the morphing technology.

C. You agree not to use the application / web site content or technology for your own commercial use.

4. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the MorphMonkey application / web site. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MorphMonkey application / web site reserves all rights not expressly granted in and to the MorphMonkey application / web site and the Content.

A. You understand that when using the MorphMonkey application / web site, you will be exposed to User Submissions from a variety of sources, and that the MorphMonkey application / web site is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the MorphMonkey application / web site with respect thereto, and agree to indemnify and hold the MorphMonkey application / web site, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the MorphMonkey application / web site to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. If we are asked to remove proven unauthorized images, we reserve the right to remove them immediately.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the MorphMonkey application / web site, you hereby grant the MorphMonkey application / web site a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MorphMonkey application / web site and the MorphMonkey application / web site's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the MorphMonkey application / web sites (and derivative works thereof) in any media formats and through any media channels. All images that you have selected to keep private are excluded from this clause.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the MorphMonkey application / web site all of the license rights granted herein.

4. Account Termination Policy

A. MorphMonkey will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. MorphMonkey reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MorphMonkey may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

5. Warrenty Disclaimer

YOU AGREE THAT YOUR USE OF THE MORPHMONKEY APPLICATION / WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MORPHMONKEY APPLICATION / WEB SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MORPHMONKEY APPLICATION / WEB SITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MORPHMONKEY APPLICATION / WEB SITE. MORPHMONKEY APPLICATION / WEB SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MORPHMONKEY APPLICATION / WEB SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MORPHMONKEY APPLICATION / WEB SITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. Limitation of Liability

IN NO EVENT SHALL MORPHMONKEY APPLICATION / WEB SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, and (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPLICATION / WEBSITE.