PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE AND/OR USE THIS WEB-SITE (INCLUDING THE ORDERING OF PRODUCTS THROUGH THIS WEBSITE) YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE WITH ANY CHANGE, MODIFICATION OR AMENDMENT ROCKIN MONKEY MAY MAKE TO THE SITE TERMS YOU MAY WITHDRAW YOUR CONSENT TO BE BOUND TO THE CHANGES BY NOTIFYING ROCKIN MONKEY IN WRITING IMMEDIATELY. IF YOU WITHDRAW YOUR CONSENT, HOWEVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF YOUR ACCOUNT AND THIS WEBSITE. YOUR ACCOUNT WILL BE DEACTIVATED AND YOU AND WILL NO LONGER BE ELIGIBLE TO USE THIS WEBSITE OR ORDER FURTHER PRODUCTS OR SERVICES FROM ROCKIN MONKEY. IF YOUR ACCOUNT IS DEACTIVATED, THIS WILL NOT AFFECT YOUR RESPONSIBILITY FOR PAYMENT OF JOBS ALREADY COMPETED AND/OR IN PRODUCTION.
NOTE: AS MORE FULLY EXPLAINED BELOW, ROCKIN MONKEY DESIGNS RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES.
RELATED POLICIES AND TERMS
There are certain additional policies, terms and conditions that apply to the use of specific portions of this Web Site, and to the purchase of products from Rockin Monkey Designs ("Rockin Monkey"). These additional policies, terms and conditions are included as and shall be deemed to be part of these Terms and Conditions (collectively all such terms and conditions are referred to as the "Site Terms").
The Site Terms apply exclusively to your access and/or use of this Web Site and do not alter in any way the terms or conditions of any other written agreement you may have with Rockin Monkey.
Rockin Monkey values its customers' privacy. Please make sure you review the Privacy Statement section of this Website so that you may understand how Rockin Monkey collects and uses information.
MODIFICATION OF SITE TERMS
Rockin Monkey reserves the right to modify, change and/or amend the Site Terms (these Terms and Conditions and/or one, more or all of the additional terms and policies reference above) from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of Rockin Monkey.
If the Site Terms are changed, modified and/or amended, Rockin Monkey will post the new terms on this Website and the "last updated" date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this Website. By agreeing to these Site Terms you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Site Terms (and each of the components thereof) each time you visit or use this Website.
If you do not agree with any change, modification or amendment Rockin Monkey may make to the Site Terms you may withdraw your consent to and agreement to be bound to them by notifying Rockin Monkey in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this Website. Your account will be deactivated and you and will no longer be eligible to use this Website or order further products or services from Rockin Monkey. If your account is deactivated, this will not affect your responsibility for payment of jobs already competed and/or in production.
Rockin Monkey may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions Rockin Monkey has elected to notify you via such additional means does constitute an agreement of any kind by Rockin Monkey that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.
Rockin Monkey may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions Rockin Monkey has elected to notify you via such additional means does not constitute an agreement of any kind by Rockin Monkey that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.
Your use of this Website constitutes your agreement and consent that Rockin Monkey may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register with Rockin Monkey. Your may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production). Your account will be deactivated and you will no longer be eligible to use this Website to order further products or services from Rockin Monkey. If your account is deactivated, you will remain responsible for payment of print jobs already competed or in production.
This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a "writing" or "in writing," and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an "original" when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.
You are being provided with a limited license to use this Website and Site Content solely for the purpose of assessing the product and service offerings on the Website, and placing orders for the products and services offered by Rockin Monkey via this Website. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Rockin Monkey or any third party. You may not use any meta-tags or other "hidden text" utilizing Rockin Monkey's name or trademarks without Rockin Monkey's express written consent. Unless you receive Rockin Monkey's express written consent, you may not:
• resell or make any other commercial use of this Website (or any portion thereof), or the Site Content;
• modify, adapt, translate, reverse engineer, decompile, disassemble or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website).
• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Site Content (including any Rockin Monkey trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
• make a derivative use of the Website and/or any Site Content; or
• utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website.
You agree to abide by these Site Terms and not to use the products and services offered by Rockin Monkey for any improper, illegal, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of improper solicitation.
Rockin Monkey may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
In order to take advantage of the full functionality of this Website and to order products and services it will be necessary for you to register and establish a membership account with Rockin Monkey. – In the event that updated, new, additional and/or enhanced features are added to this Website, previously registered users will not generally be required to re-register, however, you may be required to re-acknowledge these Terms and Conditions and/or other terms and conditions that may accompany these new features, updates and/or enhancements.
When you register, you agree to provide accurate and current information about yourself (and your company) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current.
Not all products and services on this website are available to all customers. The products and services available to you will depend on your overall relationship with us, as measured by our loyalty program. You agree that when you access and use this website, you are only entitled to order those products and services that are available within the loyalty level you are assigned to at that time.
As part of the registration process, you will be required to create a User ID and choose a password. It is your responsibility to choose an appropriate password and to keep it confidential. You are responsible for all activities that occur under your User ID and password. If you believe your User ID/password has been compromised in any way you should immediately change it by logging on to your account and then following the instructions for changing your password. You agree that you will immediately notify Rockin Monkey in the event you become aware of any unauthorized use of your user ID and password.
Customer Provided Content
For certain product and service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, "Customer Content") to Rockin Monkey for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to Rockin Monkey you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold Rockin Monkey and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by Rockin Monkey in defending against such suit, demand or claim.
Rockin Monkey does not maintain Customer Content indefinitely. Customer Content uploaded to the Website with an associated order will be kept on file for a period of up to fifteen (15) days. At the end of that time it may be deleted and irretrievable. Please note that Customer Content uploaded to Rockin Monkey cannot be used to re-order an additional print job; it is only maintained for reprint purposes.
You agree that you will not send, upload, post or otherwise transmit to Rockin Monkey any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person's privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of Rockin Monkey and/or or any servers or networks connected to or used in connection with the delivery of such service and production.
You acknowledge that Rockin Monkey does not pre-screen Customer Content, but that Rockin Monkey reserves the right to do so at any time and that Rockin Monkey and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a print job or order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that Rockin Monkey may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Site Terms; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Rockin Monkey, its employees, users and the public in general.
Regardless of the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, Rockin Monkey, retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of Rockin Monkey.
Please note that if your order requires additional customization to be done by a third party, Rockin Monkey is no longer responsible for the order and Rockin Monkey's liability to use is terminated at the time the order leaves Rockin Monkey.This includes packaging and label orders also.
Use of Design Tools
The design tools available on this Website are made available to all users of the Website. In the event you create a design, such as a sign, emblem or logo, you do not obtain any right or claim to any of the individual design elements made available through this Website that enabled the creation of the design, and these design elements are and will continue to be the property of Rockin Monkey (or the licensor if applicable) and will remain freely available to other Rockin Monkey customers. Your use of the Site Content provided on this Website and/or the creation of products or materials using such Site Content does not create joint authorship, joint ownership, works made for hire, or any other interest of any kind, with Rockin Monkey in or regarding such Site Content.
It is solely your responsibility to determine whether any design you may create using the design tools made available to you by Rockin Monkey, infringes, or may be subject to a claim of infringement upon the trademark, copyright, or other rights of a third party. You should consult with an attorney as to whether a design you create may infringe upon the rights of another party.
This site may contain links to websites that are owned and/or operated third parties, and that are not under the control of Rockin Monkey. These links are provided only as a convenience. Rockin Monkey does not evaluate, review, monitor, or endorse the content of such sites and is not responsible in anyway for the information, services, products or other materials available on or offered by such sites, the accuracy of the content on such sites, and /or the privacy, security and safety practices of such sites. You expressly understand and agree that if you access any such sites through a link provided by Rockin Monkey then you do so at your own risk.
Uploaded Content Requirements
We strongly recommend that content uploaded to Rockin Monkey for print fulfillment is:
At a minimum of 300 DPI at 1:1 ratio (or 100%). Content that does not meet this standard may experience print or images that are fuzzy, pixilated or otherwise distorted for which Rockin Monkey does not accept any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion.
Designed in CMYK and uploaded to Rockin Monkey in CMYK with no embedded color profile. (You may upload in RGB or some other standard if you choose, however, the color will be converted and Rockin Monkey is not responsible for any inaccuracy or color shift that occurs as a result of the conversion).
Rockin Monkey guarantees that its prints will meet CMYK industry standards. We cannot guarantee "match-print" color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer's computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears your monitor. Rockin Monkey is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. Rockin Monkey is not liable for the final color appearance of a UV coated product.
Production Turnaround Time
Rockin Monkey's standard turnaround is dependent on the product ordered; if you do not specify otherwise you will be charged for standard turnaround for the relevant product.
Turnaround times do not include shipping time. The estimated date you will receive your order is a combination of the selected turnaround time and shipping time. Once your order is placed your turnaround time generally cannot be changed and billing charges will not be reversed.
For your convenience, depending on the product ordered, Rockin Monkey offers a variety of different production turnaround times. Not all of the following turnaround times are offered on every product; the available turnaround times will be listed with product as part of the order process.
We reserve the right to print same day turnaround product on our digital presses.
Next Business Day -- all production ready jobs received and confirmed by no later than 10:00 a.m. will be ready by the end of the next business day. Production ready jobs not placed and confirmed by 10:00 a.m. will be treated as having been received before 10:00 a.m. the following business day.
2-4 Day -- all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready between 1:00 p.m. the second business day after receipt and 1:00 p.m. on the fourth business day after receipt.
5-7 Day -- all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready between 1:00 p.m. the fifth day after receipt and 1:00 p.m. on the seventh day after receipt.
Please note: – Turnaround times for jobs that Rockin Monkey does not deem production ready (e.g., those with problems or that require a proof) will not begin until the job is approved and ready for production.
If you choose group shipping this may add at least one additional day to your chosen turnaround time.
All prices and dollar amounts on this Website are in United States dollars. Rockin Monkey presently accepts the following credit cards: VISA, MasterCard, American Express, and Discover. We reserve the right to stop accepting credit cards from one or more issuers.
In order for you to register with and order products and services from Rockin Monkey it is necessary for you to provide and keep on file a valid, authentic and current credit card, which you are authorized to use. By submitting a credit card number to Rockin Monkey you are representing and warranting that the credit card information you provide is valid, authentic, current, and one that you are authorized to use it. You agree that in the event the credit card information you have provided becomes invalid, out of date or that you are no longer authorized to use the card, you will immediately provide another credit card number that is valid, authentic and current, and which you are authorized to use. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by a Rockin Monkey customer service representative if extended processing is required to complete your transaction request through our Website. This may affect to your estimated delivery date.
Unless Rockin Monkey agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with Rockin Monkey or to charge a valid, authentic and current credit card, which you are authorized to use, that you provide at the time of the order. (If new credit card information is provided at the time of the order it will be added to the credit card information kept on file; Rockin Monkey will not assume that previously provided credit card information is not valid). If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.
In the event you make one or more changes to an existing order that incur additional charges, those charges will be applied to the credit card that was used for the original order, or to an alternative credit card that you provide to us.
In the event that Rockin Monkey and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby irrevocably agree that Rockin Monkey may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.
A print order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production a Rockin Monkey Customer Service representative will inform you of any cancellation charges incurred. (Please allow at least 10 business days for any refunded monies to be credited to your account). A print order cannot be canceled and no refund will be given once it has entered into production or any process thereafter. No refunds are issued for Logo and Graphic design services. All cancellations must be completed through this website by accessing your Pending Orders. If you do not see a button for cancellation, the job has gone into production and cannot be canceled.
If within forty five (45) days or later of you placing an order and Rockin Monkey has not received any files or incomplete files from which to complete your job, Rockin Monkey may at its option cancel the order and refund any payment charged to your credit card.
Copyright Ownership. This Website, the Website layout and design, and all Website page themes and skins are the property of Rockin Monkey and are protected by U.S. and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the ‘Site Content"), constitutes the copyrighted property of Rockin Monkey or of those parties from whom Rockin Monkey has licensed such property, and is protected by United States, international and other laws. Rockin Monkey reserves all rights in and to this Website and the Site Content worldwide. Your use of this Website and/or any Site Content does not convey to you or any other person an interest of any kind to the Site Content. Rockin Monkey reserves the right to add to, delete from, or modify any part of the Site Content at any time without prior notice.
Copyright Policy. It is our policy to respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This policy describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA, but we will respond to notices of this form from other jurisdictions as well. It is expected that all users of any part of this site will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Infringement Notification. Upon receipt of proper notification of claimed infringement, we will follow the procedures outlined herein and in the DMCA.
To file a notice of infringement with us, you must provide a written communication (by fax and regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.
To expedite our ability to process your request, please use the following format:
Identify with sufficient detail the copyrighted work that you believe has to been infringed provide a photograph if possible;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following statement: "I 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";
The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and sign the document.
Send the written communication to:
Rockin Monkey Designs
8235 Agora Pkwy
Ste 111, PMB 672
Selma, Texas 78154
OR fax to: 210-xxx-xxxx
The provider of the allegedly infringing content an may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.
To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, provide a photograph if possible;
Your name, address, and telephone number;
The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and sign the document.
Send the written communication to:
Rockin Monkey Designs
8235 Agora Pkwy
Ste 111, PMB 672
Selma, Texas 78154
OR fax to: 210-xxx-xxxx
Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless we first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Repeat Infringers. In accordance with Section 512(i)(1)(a) of the DMCA, Rockin Monkey will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Rockin Monkey DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE. ROCKIN MONKEY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES AND PRODUCTS OFFERED WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. ROCKIN MONKEY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ROCKIN MONKEY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF ROCKIN MONKEY OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL ROCKIN MONKEY, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE ,UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ROCKIN MONKEY HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM ROCKIN MONKEY (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
ROCKIN MONKEY, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO Rockin Monkey (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, REWARDS POINTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.
UNDER NO CIRCUMSTANCES WILL ROCKIN MONKEY BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.
You agree that you shall indemnify and defend and hold Rockin Monkey and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this Rockin Monkey, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.
SECURITY AND PRIVACY
To order products from Rockin Monkey it will be necessary for you to provide certain personal data or other information to this Website via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for Rockin Monkey to guarantee absolute confidentiality or security. The information Rockin Monkey collects and how it that information is the subject to Rockin Monkey's Privacy Statement.