Acceptance of Terms and Conditions
Making It Count (“Making It Count”), which provides the MakingItCount.com
website (“MakingItCount.com” or the “Website”) is a division of Monster Interactive
Inc. d/b/a Monster (Monster Interactive Inc. or the ”Company”). The terms “you”
“your” and “User” as used herein refer to all individuals and/or entities
accessing the website at any time and for any reason.
Your use of MakingItCount.com is governed by the policies, terms, and conditions
set forth below (the “Terms of Use”). Please read them carefully. By using this
website you indicate your acceptance of, and agreement to be bound by, these
Terms of Use as may be modified by the Company from time to time. If you do not
agree to these Terms of Use, please do not use this website and do not submit
any orders for services on this website.
The Company reserves the right to make changes to this website and to these
Terms of Use at any time. Any such modifications will become effective upon the
date they are first posted to this website. You should visit this page
periodically to review the Terms of Use because they are binding upon you.
In the event of any conflict between these Terms of Use and any prior or
subsequent terms or conditions included with any communications, agreement,
purchase order, or invoice, whether or not such other terms or conditions are
signed by the Company, these Terms of Use shall prevail.
Eligibility for Newsletter Registration
Our newsletter services are only available to students who have completed the
registration process via the website or via the feedback form filled out during
one of our in-school programs. The Company may refuse our services to anyone at
any time, at our sole discretion.
Registration Information
In consideration of your use of the website, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
website’s registration form (such information being the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, the Company has the right to suspend or
terminate your account and refuse you any and all current or future use of the
website or any portion thereof.
Website Content and Copyright
The Company owns this website and authorizes you to view and access a single
copy of the content available on or from the website solely for your personal,
noncommercial use.
The contents of this website, and of all other websites under the Company’s
control, whether partial or otherwise (the website and such other websites are
sometimes collectively referred to as “Monster Sites”), such as design, interfaces,
music, sounds, text, graphics, images, logos, button icons, software and other
content (collectively, “Content”), are protected under both United States and
international copyright, trademark and other laws. All Content is the property
of the Company or its content suppliers or clients. The compilation (meaning the
collection, arrangement and assembly) of all Content on this website is the
exclusive property of the Company and protected by U.S. and international
copyright laws. Unauthorized use of the Content may violate copyright,
trademark, and other laws.
No material from the website, including but not limited to any Content, may
be copied, reproduced, republished, posted, transmitted or distributed in any
way, including without limitation the HTML code that the Company creates to
generate website Content or the pages making up any Monster Site. The use of any
such material for any reason or the modification, distribution or republication
of this material without prior written permission from the Company is strictly
prohibited. You may not sell or modify the Content or reproduce, display,
publicly perform, distribute, or otherwise use the Content in any way for any
public or commercial purpose. The use of the Content on any other website or in
a networked computer environment for any purpose is prohibited.
Website Use
General Rules -- Users may not use any Monster Site in order to transmit,
distribute, store or destroy material, including without limitation Content, (a)
in violation of any applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of
others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Monster Site Security Rules -- Users are prohibited from violating or
attempting to violate the security of any Monster Site, including, without
limitation, (a) accessing data not intended for such User or logging into a
server or account which the User is not authorized to access, (b) attempting to
probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization, (c) attempting
to interfere with service to any User, host or network, including, without
limitation, via means of submitting a virus to any Monster Site, overloading,
"flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited
email, including promotions and/or advertising of products or services, or (e)
forging any TCP/IP packet header or any part of the header information in any
email or newsgroup posting. Violations of system or network security may result
in civil or criminal liability. The Company will investigate occurrences which
may involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses -- TThe Company specifically prohibits any
use of the website, and all Users agree not to use the website, for any of the
following:
(a) Posting any incomplete, false or inaccurate information or information
which is not your own information;
(b) Deleting or revising any material posted by any other person or entity;
(c) Using any device, software or routine to interfere or attempt to
interfere with the proper working of any Monster Site or any activity being
conducted on this website;
(d) Taking any action which imposes an unreasonable or disproportionately
large load on any Monster Site’s infrastructure;
(e) Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search any Monster Site other than the search engine and
search agents available from the Company on such Monster Site and other than
generally available third-party web browsers (e.g., Netscape Navigator,
Microsoft Explorer);
(f) Attempting to decipher, decompile, disassemble or reverse engineer any of
the software comprising or in any way making up a part of any Monster Site;
(g) Aggregating, copying or duplicating in any manner any of the Content or
information available from any Monster Site; and
(h) Framing of or linking to any of the Content or information available from
any Monster Site.
User Submissions
As a User, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not, and by using any Monster Site
you agree not to, do the following things: post material that is copyrighted,
unless you are the copyright owner or have the permission of the copyright owner
to post it; post material that reveals trade secrets, unless you own them or
have the permission of the owner to post them; post material that infringes on
any other intellectual property rights of others or on the privacy or publicity
rights of others; post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another User or any other person
or entity; post a sexually-explicit image or statement; post advertisements or
solicitations of business, post chain letters or pyramid schemes; impersonate
another person; or post material that contains viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines or engines that
are intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or information.
The Company reserves the right to expel Users and prevent their further
access to the website for violating the Terms of Use or the law and the right to
remove communications which are abusive, illegal, or disruptive. The Company may
take any action with respect to User-submitted information that it deems
necessary or appropriate in its sole discretion if it believes it may create
liability for the Company or may cause the Company to lose (in whole or in part)
the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of any Monster Site,
including message boards, forums, contests and chat rooms, you grant the Company
and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable
(through multiple tiers), non-exclusive right (including any moral rights) and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public, perform and display the
content (in whole or in part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed, for the full
term of any rights that may exist in such content. You also warrant that the
holder of any rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted to you
the right to grant the license stated above. You also permit any other User to
access, display, view, store and reproduce such content for personal use.
Subject to the foregoing, the owner of such content placed on the Website
retains any and all rights that may exist in such content.
We appreciate hearing from our Users and welcome your comments regarding our
services and the Monster Sites. Please be advised, however, that our policy does not
permit us to accept or consider creative ideas, suggestions, inventions or
materials other than those which we have specifically requested. While we do
value your feedback on our services, please be specific in your comments
regarding our services and do not submit creative ideas, inventions,
suggestions, or materials. If, despite our request, you send us creative
suggestions, ideas, drawings, concepts, inventions, or other information
(collectively the "Submission"), the Submission shall be the property of the
Company. None of the Submission shall be subject to any obligation of
confidentiality on our part, and we shall not be liable for any use or
disclosure of any Submission. The Company shall own exclusively all now known or
later discovered rights to the Submission and shall be entitled to unrestricted
use of the Submission for any purpose whatsoever, commercial or otherwise,
without compensation to you or any other person who submitted the Submission.
Company Content Management
The Company and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available on the
website. Without limiting the foregoing, the Company and its designees shall
have the right to remove any Content. You agree that you must evaluate, and bear
all risks associated with, the use or any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by the Company or
submitted to the website.
You acknowledge and agree that the Company may preserve Content and may also
disclose 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 the Terms of Use; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of the Company, its Users and the public.
You understand that the technical processing and transmission of the website,
including Content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or
devices.
Third-Party Content
Any opinions, advice, statements, services, offers or other information that
constitutes part of Content expressed or made available by third parties,
including providers, merchants, sponsors, licensors, or any other User of the
website, are those of the respective authors or distributors and not of the
Company or its affiliates or any of its officers, directors, employees or
agents. NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER,
MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER USER OF THE WEBSITE, GUARANTEES THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE.
In many instances, the Content available through the website represents the
opinions and judgments of the respective provider, merchant, sponsor, licensor,
or User not under contract with the Company. The Company neither endorses nor is
responsible for the accuracy or reliability or any opinion, advice, or statement
made on the website by anyone other than authorized Company employees. It is the
responsibility of the User to evaluate the information, opinion, advice, or
other Content available through the website. Under no circumstances shall the
Company or its affiliates, or any of its officer, directors, employees, or
agents be liable for any loss or damage caused by a User’s reliance on
information obtained through the website.
Agent for Notice of Claims of Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted or copied to
this website and is accessible on this website in a way that constitutes
copyright infringement, please notify us by providing our designated copyright
agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a
person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a
description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this website where
the material or activity you claim to be infringing is located or is occurring
(you must include enough information to allow us to locate the material or the
activity);
4. Your name, address, telephone number and, if you have one, your email
address;
5. A statement by you that you have a good faith belief that use on the
website of the copyrighted work in the manner you are complaining of is not
authorized by the copyright owner, any agent of the copyright owner, or the law;
and
6. A statement by you, made under penalty of perjury, that the information
you have provided in your notice is accurate and that you are either the
copyright owner or are authorized to act on behalf of the copyright owner.
You can contact as follows with any notices of claims of copyright
infringement on our website:
By mail
Making It Count
10296 Springfield Pike
Suite 500
Cincinnati, OH 45215
By telephone
513-772-1188
By email
comments@makingitcount.com
External Sites
This website may contain links to other sites on the Internet that are owned and
operated by third-party vendors and other third parties (the “External Sites”).
These links are provided solely as a convenience to you and not as an
endorsement by the Company of the contents on such third-party websites. The
Company is not responsible for the availability or, or the content located on or
through, any External Site and does not make any representations regarding the
content or accuracy of materials on such External Sites. You should contact the
site administrator or Webmaster for those External Sites if you have any
concerns regarding such links or the content located on such External Sites.
The Company has no control over External Sites and resources, and is not
responsible for the availability of such External Sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such External Sites or
resources. The Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such External Site or resource.
Trademarks
Making It Count and Makingitcount.com are service marks of Monster, Inc. All rights
reserved.
All other trademarks, product names, company names and logos appearing on the
website are the property of their respective owners.
The Company’s logo, trademarks and service marks may not be used in connection
with any product or service that is not the Company’s, in any manner that is
likely to cause confusion among users, or in any manner that disparages or
discredits the Company.
Disclaimer of Warranty and Limitation of Liability
THE COMPANY DOES NOT WARRANT THAT ANY Monster SITE WILL OPERATE ERROR-FREE OR THAT
ANY Monster SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF ANY Monster SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR
THOSE COSTS. THE Monster SITES AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND.
THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
None of the Company, its affiliates, any of its officers, directors, employees,
agents, third-party content providers, merchants, sponsors, licensers, or the
like, provide any warranty as to the results that may or may not be obtained
from the use of the website, or as to the accuracy, reliability, or currency of
any information, Content, service or merchandise provided through the website.
Under no circumstances will the Company be liable in any way for any Content,
including, but not limited to, for 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 or otherwise transmitted via the website.
No oral advice or written information given by the Company nor its affiliates,
nor any of its officers, directors, employees, agents, providers, merchants,
sponsors, licensers, or the like, shall create a warranty; nor shall any User
rely on any such information or advice.
The Company is not responsible for inaccuracies, printing errors or
typographical errors. The Company makes no representations about the accuracy,
reliability, completeness, or timeliness of any Monster Site or the Content. The use
of Monster Sites and specifically the Content of this website is at your own risk.
Availability is subject to change without notice. The information, Content,
products and services contained or referred to on the website may be changed or
updated without notice.
Disclaimer of Consequential Damages
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST
DATA OR BUSINESS INTERRUPTION, RELIANCE BY A USER ON ANY INFORMATION OBTAINED
FROM THE WEBSITE OR DAMAGES RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS
OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
THE WEBSITE’S RECORDS, PROGRAMS OR SERVICES OR DAMAGES RESULTING FROM THE USE OF
OR INABILITY TO USE THE WEBSITE OR ANY OTHER Monster SITE AND ANY CONTENT) WHETHER
BASED ON WARRANTY, TORT, CONTRACT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL
APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
Termination of Usage
The Company, at its sole discretion, may terminate your username, password,
account (or any part thereof) or use of the website for any reason, including,
without limitation, if the Company believes that you have violated or acted
inconsistently with the letter or spirit of the Terms of Use, for any conduct
that the Company, in its sole discretion, believes is in violation of any
applicable law or is harmful to the interests of another User, a third-party
provider, a merchant, a sponsor, a licenser, a service provider, or the Company.
Monster Worldwide Inc., Monster Interactive Inc., Making It Count and all of our
affiliated companies respect the intellectual property of others, and we ask our
Users, registrants and content partners to do the same. The unauthorized
reproduction, copying, distribution, modification, public display or public
performance of copyrighted works constitutes infringement of the copyright
owner’s rights. As a condition to your use of this website, you agree not to use
the website or any other Monster Site to infringe the intellectual property rights
of others in any way. We will terminate the registration and block access to our
website and/or the other Monster Sites of any Users, who are repeat infringers of
the copyrights, or other intellectual property rights, of others. We reserve the
right to take these actions at any time, in our sole discretion, with or without
notice, and without any liability to registrant who is terminated or to the User
whose access is blocked.
The Company reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to immediate termination of your
registration with or ability to access this website and the other Monster Sites
and/or any other service provided to you by the Company, upon any breach by you
of these Terms of Use or if the Company is unable to verify or authenticate any
information you submit to the website or other Monster Site registration.
You agree that any termination of your access to the website under any
provision of this Terms of Use may be effected without prior notice, and
acknowledge and agree that the Company may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the website. Further, you agree that the Company
shall not be liable to you or any third-party for any termination of your access
to the Website.
The Company may also in its sole discretion and at any time discontinue
providing the website, or any part thereof, with or without notice.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Content or your breach of the terms
of these Terms of Use. The Company shall provide notice to you promptly of any
such claim, suit, or proceeding and shall assist you, at your expense, in
defending any such claim, suit or proceeding.
Limitation of Liability
The aggregate liability for the Company to you for all claims arising from the
use of the Content or any Monster Site is limited to $100.
Acknowledgement
The Company makes no claims that the website may be lawfully viewed or accessed
outside of the United States. Access to the website may not be legal by certain
persons or in certain countries. If you access the website from outside of the
United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. Except as expressly provided in additional
terms of use for areas of the website, a particular "Legal Notice," or software
license or material on particular web pages, these Terms of Use constitute the
entire agreement between you and the Company with respect to the use of the
website. These Terms of Use and any applicable policies and procedures of the
Company, together with those documents, policies, and procedures expressly
referred to herein, constitute the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all previous written or oral
agreement between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with and governed by the internal
laws of the Commonwealth of Massachusetts without giving effect to any choice of
law rule that would cause the application of the laws of any jurisdiction other
than the internal laws of the Commonwealth of Massachusetts to the rights and
duties of the parties. No waiver by either party of any breach of default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default. You agree not to resell or assign your rights or obligations under
these Terms of Use. You also agree not to make any unauthorized commercial use
of any Monster Site. The Company may freely transfer, assign, or delegate all or any
part of its rights and duties hereunder, without the requirement of consent. If
any provision of these Terms of Use are found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Use, which shall remain
in full force and effect. This Agreement will be binding upon and inure to the
benefit of the heirs, successor, and permitted assigns of the parties.
Violations
Please report any violations of the Terms of Use.
