Terms of Use

Acceptance of Terms of Use


These Terms of Use govern your use of the Monytize service and platform. By using, visiting, or browsing the Monytize service or platform, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Monytize service or platform.


These Terms of Use are an ongoing contract between you and Monytize and apply to your use of the Monytize service and platform. These Terms of Use affect your rights and you should read them carefully.


Changes to Terms of Use


Monytize, Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Monytize platform. 


The most current version of the Terms of Use will supersede all previous versions. 


These Terms of Use are an ongoing contract between you and Monytize and apply to your use of the Monytize service and platform. These Terms of Use affect your rights and you should read them carefully.


Privacy


Any personally identifying information submitted on the Monytize platform is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

 

Sharing Your Content and Information


You own all of the content and information you post on Monytize, and you can control how it is shared through your privacy and application settings. In addition:

  • For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Monytize ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. YOU WARRANT THAT ALL INFORMATION POSTED BY YOU ON YOUR ACCOUNT IS ACCURATE AND CORRECT AND THAT YOU OWN ALL THE NECESSARY RIGHTS TO ALL PHOTOS AND VIDEOS POSTED BY YOU, INCLUDING COPYRIGHT AND RIGHT OF PUBLICITY.
  • When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  • When you publish content or information using the "everyone" setting, it means that everyone, including people off of Monytize, will have access to that information and we may not have control over what they do with it.
  • We always appreciate your feedback or other suggestions about Monytize, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

 

Safety


We do our best to keep Monytize safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  • You will not send or otherwise post unauthorized commercial communications (such as spam) on Monytize.
  • You will not collect users' content or information, or otherwise access Monytize, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Monytize.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
  • You will not develop or operate a third-party application containing or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
  • You will not offer any contest, giveaway, or sweepstakes ("promotion") on Monytize without our prior written consent. If we consent, you take full responsibility for the promotion and all applicable laws.
  • You will not use Monytize to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working of Monytize, such as a denial-of-service attack.
  • You will not facilitate or encourage any violations of these terms of use.

 

Registration and Account Security


Monytize users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on Monytize or create an account for anyone other than yourself without permission.
  • You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  • You will not use Monytize if you are under 13.
  • You will not use Monytize if you are a convicted sex offender.
  • You will keep your contact information accurate and up to date.
  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account to anyone without first getting our written permission.
  • If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

 

Protecting Other People's Rights


  • We respect other people's rights and expect you to do the same.
  • You will not post content or take any action on Monytize that infringes or violates someone else's rights or otherwise violates the law.
  • We can remove any content or information you post on Monytize if we believe that it violates this Statement.
  • We will provide you with tools to help you protect your intellectual property rights. 
  • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or trademarks (including Monytize and Monytize logos), or any confusingly similar marks, without our written permission.
  • If you collect information from users, you will: obtain their consent, make it clear you (and not Monytize) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • You will not post anyone's identification documents or sensitive financial information on Monytize.
  • You will not send email invitations to non-users without their consent.

 

How Our Service Works


Monytize is a combined online subscription and social networking service providing its members with access to a comprehensive library of motion picture, television, game, and other audio-visual entertainment (hereinafter referred to as "entertainment content"). We also offer our members the opportunity to create a social profile page to share entertainment content and interact with other members. In addition, members will receive a Monytize Bonus equal to 2% of fees paid to us by all subsequent members that sign up for Monytize service through a member’s unique subscription link.

 

Pursuant to our monthly plan, members receive entertainment content via download and/or streaming to their preferred device.


We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly adjusting and/or improving our service and often these adjustments are not completely captured within these Terms of Use. 

 

Subscription and Billing


You can find the specific details regarding your subscription with Monytize at any time by clicking on the "Your Account" link, located at the top of the pages of the Monytize platform.

  • Billing: By starting your Monytize subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any applicable tax, and any other charges you may incur in connection with your use of the Monytize service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Additional charges may include entertainment content the member chooses to digitally rent or purchase. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your subscription. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your subscription plan, changes in the amount of applicable sales tax, and you authorize us to charge your Payment Method for such varying amounts. We may also periodically authorize your card in anticipation of subscription or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the Monytize platform. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
  • Ongoing Subscription: Your Monytize subscription will continue in effect unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews each month to avoid billing of the next month's subscription fees to your Payment Method. We will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
  • Monytize Bonus: Monytize Bonuses will be paid monthly. The Monytize Bonus is calculated based on subscriptions and purchases received by us during the previous month from members that have signed up for the Monytize service through your unique link, and who remain as your affiliate. The amount of Monytize Bonus can be changed by us at any time. We may also cancel the Monytize Bonus program at any time. The Monytize Bonus program is purely discretionary with us and does not entitle you to any ownership interest in Monytize, Inc. or any of its affiliates.
  • Cancellation:You may cancel your subscription to Monytize at any time, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. You will not be entitled to a Monytize Bonus for any month during which you cancel your subscription, or your subscription is terminated by Monytize. Once your subscription is cancelled and terminated, you will not be entitled to any further Monytize Bonuses. We reserve the right to terminate your account for any or no reason.

Community


Our Community feature provides you with a number of ways to share your Monytize experience with others. We are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Use.


These features may change or even be eliminated without notice to you. We may not describe all these features in the Terms of Use or elsewhere on our platform. We hope that you find our Community feature, as it may change from time to time, to be a great way to share information and discover new entertainment content. 


BY USING THE COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE Monytize COMMUNITY, Monytize MEMBERS AND OTHER VISITORS TO THE Monytize PLATFORM. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE COMMUNITY FEATURES.


Use of the Community feature is for your personal, non-commercial use and is at your own option and risk.


There are different elements to Monytize Community, each with its own degree of associated information sharing and features. These elements may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.


Anyone who participates in the Monytize Community is automatically given an anonymous screen name ("nickname") and a generic avatar photo to represent them in public. You can update your screen name or photo/image avatar at any time, as often as desired, to identify yourself in connection with your Account profile. We supply this pseudonym on your behalf so that any presented information is not personally identifiable. You can update this automatic pseudonym with a pseudonym of your choice, or even supply your real name, but by doing so you are choosing to disclose your identity in connection with your reviews and ratings and other forms of personal information on Monytize.


In addition, photos or images that you choose to post must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated to, review this content, and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.


Friends


Our Friends feature allows you to connect with those on your "Friends List" to share information about entertainment content. If you invite someone who is not currently a Monytize member, they will be given the opportunity to become a member to be added to your Friends List. 


Each person on your Friends List will be able to view your real name, location, movie ratings, reviews and any comments and other information you choose to post, and you will be able to view their real name, location, ratings, reviews and comments. Your Friends will also be able to see some general information about your other Friends. Your Friends will also be able to leave you notes, visible only to you and them.

Others accessing the Monytize platform will be able to see general information about individuals using the Friends feature. For example, if an individual clicks on a reviewer's profile, the individual will be able to see the reviewer's Friends and the individual can continue to see information on the various Friends' Friends.


If you are not interested in sharing any of this information with individuals on your Friends List or with others on the platform, you may remove one or all individuals from your Friends List at any time. Removing all individuals from your Friends List effectively removes you from all the Friends features. You also can go to the Community Profile and change your setting to "Private", which allows you to participate in Friends features, but without being seen through the Friends of your Friends.


You should be aware that your use of the Friends feature will cause information concerning your use of the Monytize service to be available to the individuals on your Friends List. Others accessing the Monytize platform will also be able to see general information about you through your use of Friends. Those who see the Friends web link that you may choose to post or who receive your invitation will know you are a Monytize member, whether they join your Friends List. 


We do not review the content of the e-mail invitations, or the comments posted through the Friends feature. You are responsible for such content; provided however, we reserve the right to reject, remove or edit such content at any time without notice.


Applications


The Monytize platform may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with, or sponsored by Monytize. Unless otherwise noted by Monytize on the Monytize platform, these Applications are provided solely as a convenience to you, and Monytize is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to, or gather and/or pull information from and to your Monytize account. 


By using such Applications, you acknowledge and agree to the following: 

  1. If you use an application to share information relating to your Monytize account, you are consenting to the information about your account being shared. 
  2. Your use of an application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Monytize has not provided such information; and 
  3. Your use of an application is at your own option and risk, and you will hold Monytize harmless for the sharing of information relating to your Monytize account that results from your use of an application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Monytize account information with, through or by any other means identified on an application. In addition, that Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an application’s access to your Monytize account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the application depending on the policies of such Application. Certain applications may appear to be associated with, or sponsored by, Monytize. While these applications may utilize Monytize trademarks with our permission, we do not take any responsibility for the performance of the application, or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Monytize, unless otherwise indicated by Monytize. Monytize DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection


To provide you with ease of access to your account, Monytize will place a cookie (a small text file) on any computer from which you access the Monytize platform. When you revisit the Monytize platform, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. 


You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Monytize platform.


If you find that you're a victim of identity theft and it involves a Monytize account, you should notify customer service. You should then report this instance to all your card issuers, as well as your local law enforcement agency. Monytize reserves the right to place any account on hold anytime with or without notification to the member to protect itself and its partners from what it believes to be fraudulent activity. Monytize is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Monytize or by the automated processes of Monytize.


Disclaimers of Warranties and Limitations on Liability


THE Monytize SERVICE, INCLUDING ALL MOVIES, MUSIC, AND VIDEOGAMES, INSTANT STREAMING FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE PLATFORM AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Monytize SERVICE, THE PLATFORM, AND ITS CONTENTS. Monytize DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Monytize SERVICE, INCLUDING ANY AND ALL DOWNLOADED AND/OR STREAMED CONTENT, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Monytize MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Monytize SERVICE, INCLUDING OUR Monytize BONUS FUNCTIONALITY, OUR COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE Monytize SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. 


Without limiting the foregoing, we assume no liability or responsibility for any of the following: 

  1. Content contained on or defects with any downloaded or streamed entertainment from the Monytize service, including damage or defects occurring or caused while downloading.
  2. Errors or omissions in all content delivered by the Monytize service or on the Monytize platform.
  3. Recommendations or advice of Customer Service.
  4. Any failures, mis-downloads, delays, or interruptions in the downloading and/or streaming of entertainment content.
  5. Any failure or interruption in the availability of the Monytize service and/or platform.
  6. Delivery and or display of any content contained on the Monytize platform or through the Monytize service, including any content via our instant download functionality.
  7. Any losses or damages arising from the use of the content provided on the Monytize platform or the Monytize service itself, including any losses or damages arising from watching instantly and/or downloading of related software, downloading and/or use of any other software, or any conduct by users of the Monytize service or platform. 

TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 


In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current or that the identities of our users are true and correct. We do not make any representations with respect to the content contained on entertainment content from the Monytize service or the descriptions of any entertainment content contained on our platform. We do not represent or guarantee that your use of the Monytize service and platform will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us, or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Monytize or its affiliated parties.


In no event shall Monytize, Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Monytize platform, its content or the Monytize service, any features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our platform, its content or the Monytize service, including any features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's subscription fee on your subscription plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.


Intellectual Property


  • Copyright: All content included on the Monytize platform and downloaded and/or streamed to members as part of the service, including movies, music, games, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Monytize, Inc., or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Monytize, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Monytize, Inc., or its suppliers. You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Monytize platform, not to insert any code or product or manipulate the content of the Monytize platform in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Monytize reserves the right to terminate your subscription hereunder if Monytize, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including copying of entertainment content downloaded to you by us, the unauthorized use of any of our features or software, or the copying or other unauthorized use of our proprietary content. Monytize does not promote, foster, or condone the copying of entertainment content or any other infringing activity. The use of the Monytize service, including all entertainment content to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Monytize platform.
  • Trademarks:Monytize is a registered trademarks of Monytize, Inc. The Monytize logo and Monytize.com are trademarks or service marks of Monytize, Inc. The Monytize platform, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Monytize, Inc. The trademarks, service marks and trade dress of Monytize may not be used or reproduced without prior written approval from Monytize, Inc. and may not be used in connection with any product or service that is not affiliated with Monytize, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Monytize, or in any manner that disparages or discredits Monytize. Other trademarks that appear on the Monytize platform and/or are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Monytize. Any images of persons or personalities contained on the Monytize platform and/or app are not an indication or endorsement of Monytize of any product or our service unless otherwise indicated.

Entertainment and Platform Content


We possess licensing and distribution rights for movie, television, music, ebooks, video games and other forms of entertainment content. We reserve the right to display and promote the entertainment content and other information on our to you in any manner we choose in our sole and absolute discretion. In addition, the Monytize platform allows you and other third parties to post reviews or comments concerning the entertainment content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Monytize platform are those of the respective authors or producers and not of Monytize, Inc., or its shareholders, directors, officers, or employees. Under no circumstances shall Monytize, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Monytize platform. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Monytize platform.


Use of Information Submitted


Monytize, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Monytize ("Feedback"), including responses to questionnaires or through postings to the Monytize platform and/or app, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Monytize platform or other websites/apps. Furthermore, by posting any feedback on our site, submitting feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the feedback submitted in any media, software, or technology of any kind now existing or developed in the future.


Please note Monytize does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Monytize. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Monytize and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially like the idea you sent.


Service Testing


From time to time, we test various aspects of our service, including service levels, plans, promotions, features, content download and/or streaming availability, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.


Electronic Communications


By using the Monytize service, you consent to receiving electronic communications from Monytize. These communications will include notices about your account and information concerning or related to our service, such as featured films or other entertainment content information or offerings. These communications are part of your relationship with Monytize and you receive them as part of the Monytize subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.


Customer Service


If you need assistance with your account, you may reach out to customer service at any time. To do so, simply click the “help button” at the bottom of the any page on the Monytize website or app. This will take you to the customer service portal. 


Your Conduct on the Monytize Platform


By accessing the Monytize platform, you agree to use the Monytize service, including all content, features and functionalities associated therewith, the website/app and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Monytize platform. You also agree not to interfere with the servers or networks connected to the Monytize platform or to violate any of the procedures, policies or regulations of networks connected to the Monytize platform. You also agree not to impersonate any other person while using the Monytize platform, conduct yourself in a vulgar or offensive manner while using our service, or use the Monytize platform for any unlawful purpose.


Limitations on Use


You must be 18 years of age or older to become a member of the Monytize service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While Monytize does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, our entertainment content service and the content on the Monytize platform, are for your personal and non-commercial use only and we grant you a limited license to access the Monytize platform for that purpose. 


You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Monytize platform, including but not limited to information contained within a member or members' home page, without our express written consent. Monytize does not promote, foster, or condone the copying of digitally delivered content, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Monytize without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Monytize name or trademarks without our express written consent. Any unauthorized use of the Monytize platform or its contents will terminate the limited license granted by us.


Right to Terminate


We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.


Links and Pages


Some of the hyperlinks on the Monytize platform may lead to other websites or applications that are not controlled by, or affiliated with, Monytize, Inc. In addition, other websites may link to the Monytize platform or Monytize may include links to the websites of businesses, including those that have associations with us through certain programs. Monytize has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites. Members acknowledge and agree that Monytize is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any programs, applications, and devices. You should carefully review their privacy statements and other terms and conditions of use.


Claims of Copyright Infringement


It is the policy of Monytize to respect the intellectual property rights of others. Monytize does not promote, foster, or condone the copying of any downloaded content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Monytize platform, or know of someone who is making unauthorized use of the content of the Monytize platform, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material on the Monytize platform that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Our copyright notice email address is copyright@Monytize.com. Please note, however, for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address.


Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our platform or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include the following:

  • Your physical signature.
  • Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.


Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Monytize shall have the right to terminate the account of any member who posts infringing material.


Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:



Monytize, LLC

Attn: DMCA Notification

1999 Avenue of the Stars

Suite 1100

Century City, CA 90067

 

Disputes; Governing Law


These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. You and Monytize agree that the United States District Court for the Central District of California and/or the California Superior Court for the County of Los Angeles shall have exclusive jurisdiction over any dispute between you and Monytize relating in any way to the Monytize service, platform, or these Terms of Use. You and Monytize expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. The parties further agree that in any such dispute they will only be entitled to their actual damages and hereby irrevocably waive the right to seek any equitable relief, such as an injunction or a restraining order, and consequential and/or punitive damages. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall remain in full force and effect. 


Last Updated: April 2022