TERMS OF SERVICE
The following are the terms of service for use of www.monj.com and various other Web sites and web pages operated by Monj, Inc. or its affiliates (collectively, the "Monj Web Sites"). This User Agreement applies to the Monj Web Sites and does not apply to the content of third parties.
The Monj Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Monj Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Monj Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers, and that are outlined on that Monj Web Site (the "Additional Terms").
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Monj Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the collection and use of your personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Monj Web Site or any product or service offered on any Monj Web Site (each a "Monj Site/Service", and collectively "Monj Web Sites/Services") requires you to open an account, you must complete the registration process by providing Monj with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Monj immediately of any unauthorized use of your account or any other breach of security. Monj will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Monj or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
Monj reserves the right to change the terms, conditions, and notices under which the Monj Web Sites/Services are offered, including but not limited to the charges associated with the use of the Monj Web Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Monj Web Sites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the Monj Web Sites/Services are for your personal and non-commercial use. The content available through the Monj Web Sites/Services is the property of Monj or its licensors and is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Monj Web Sites/Services. You acknowledge that Monj retains exclusive ownership of the Monj Web Sites/Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the Monj Web Sites/Services or their contents, and Monj reserves all rights not expressly granted hereunder. Without the advance express written permission of Monj, you may not "meta-search" the Monj Web Sites/Services, send, or cause to be sent, any automated queries of any sort to the Monj Web Sites/Services, or use the Monj Web Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any Monj Web Sites/Services to determine how a web site "ranks" on any Monj Web Sites/Services.
CONFIDENTIALITY
Any person given information by Monj or provided access to information on private or access-restricted areas of the Monj Web Sites agrees that all such information, whether provided orally or in writing, is and shall be treated by them as "Confidential Information," except any information that (i) is or becomes generally known to the public without breach of any obligation owed to Monj or (ii) the recipient can demonstrate was known to it before its receipt from Monj or the recipient's access to it on the Monj Web Sites. You agree to: (i) protect the confidentiality of the Confidential Information using the same degree of care that you use with your own confidential information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose other than as an end-user subscriber, (iii) not disclose Confidential Information to any third party, and (iv) if you are a business entity, limit access to Confidential Information to your enrolled employee end-users and to other employees or agents only to the extent they have a need to know and are subject to a similar commitment of confidentiality applicable to the Confidential Information. Upon notice to Monj at the earliest practical opportunity, you may disclose Confidential Information if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process. If Monj has entered into a separate nondisclosure agreement with you, the terms of this section are intended to supplement and not supersede such agreement.
LINKS TO THIRD PARTY SITES
The Monj Web Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Monj, and Monj is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Monj is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Monj responsible if the Linked Site is not working appropriately. Monj is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Monj of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Monj Web Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Monj shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Monj Web Sites/Services, you will not use the Monj Web Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices or causes damage to any third party. You may not use the Monj Web Sites/Services in any manner that could damage, disable, overburden, or impair any Monj Site/Service(s) (or the network(s) connected to any Monj Site/Service(s)) or interfere with any other party's use and enjoyment of any Monj Site/Service(s). You may not attempt to gain unauthorized access to any Monj Site/Service, other accounts, computer systems or networks connected to any Monj Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Monj Web Sites/Services.
USE OF SERVICES
The Monj Web Sites/Services may contain e-mail services, newsletters, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Engage in speech or other activity that is intended to attack or demean a particular gender, sexual orientation, race, religion, veteran status, age or disability.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including images or photographs, which is made available through the Monj Web Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Use meta tag searches on the Monj Web Sites.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a Monj Site/Service(s) or other user or usage information or any portion thereof.
Monj has no obligation to monitor the Communication Services. However, Monj reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. If you are aware of misuse of the Monj Web Sites/Services, please contact hello@monj.com
Monj reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Monj reserves the right at all times to disclose any information as Monj deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Monj's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Monj does not control or endorse the content, messages or information found in any Communication Service and, therefore, Monj specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Monj spokespersons, and their views do not necessarily reflect those of Monj.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MONJ OR POSTED AT ANY MONJ WEB SITE
Monj does not claim ownership of the materials you provide to Monj (including feedback and suggestions) or post, upload, input or submit to any Monj Site/Service or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission, you are granting Monj, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Monj Web Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Monj Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. Monj is under no obligation to post or use any Submission you may provide and Monj may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this User Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In connection with your Submissions, you agree that you will not submit material unless you are the owner of the copyrights, applicable trade secrets or other proprietary rights and any other rights including, with out limitation, rights of privacy or publicity, or you have permission from the rightful owner of such rights to post the material and to grant Monj all of the licenses and rights required to be granted herein.
You further agree that you will not, in connection with Submissions, submit material that is inappropriate (see the descriptions in Use of Services) or contrary to applicable law or regulations.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MONJ WEB SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MONJ WEB SITES/SERVICES AND TO THE INFORMATION THEREIN. MONJ AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MONJ WEB SITES/SERVICES AT ANY TIME, ADVICE RECEIVED VIA THE MONJ WEB SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. MONJ PROVIDES INFORMATION AND ADVICE ABOUT NUTRTRITION AND HEALTH. BUT YOU SHOULD CONSULT WITH A HEALTH CARE PROFESSIONAL ABOUT ANY MEDICAL CONDITIONS OR SYMPTOMS YOU MAY EXPERIENCE. MONJ DOES NOT PROVIDE MEDICAL ADVICE OF ANY KIND. MONJ AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MONJ WEB SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MONJ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MONJ SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A MONJ SITE/SERVICE. YOU SPECIFICALLY Y AGREE THAT MONJ IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MONJ IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A MONJ SITE/SERVICE BY ANY THIRD PARTY.
MONJ MAY PROVIDE TRAINING AND OTHER INSTRUCTIONAL MATERIALS THAT INVOLVE ACTIVITIES THAT MAY BE HAZARDOUS, INCLUDING THE USE OF KNIVES AND OTHER COOKING UTENSILS AND COOKING EQUIPMENT AND THE USE OF HIGH HEAT IN COOKING. YOU ASSUME ALL RISK WITH RESPECT TO YOUR ENGAGING IN SUCH ACTIVITIES. YOU SHOULD NOT USE KNIVES, UTENSILS OR OTHER COOKING EQUIPMENT UNLESS YOU ARE TRAINED IN THEIR SAFE USE. YOU AGREE THAT MONJ WILL HAVE NO LIABILITY FOR ANY INJURY YOU CAUSE OR SUSTAIN IN ENGAGING IN ACTIVITIES THAT MAY BE HAZARDOUS.
IN NO EVENT SHALL MONJ AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MONJ WEB SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE MONJ WEB SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MONJ WEB SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MONJ WEB SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MONJ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MONJ WEB SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MONJ WEB SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Monj may establish limits concerning use of any Monj Service offered on an Monj Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any Monj Service, the maximum number of e-mail messages that may be sent from or received by an account on any Monj Service, the maximum size of an e-mail message that may he sent from or received by an account on any Monj Service, the maximum disk space that will be allotted on Monj's servers on your behalf, and the maximum number of times and duration you may access any Monj Service In a given period of time.
You agree that Monj has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Monj Service. You acknowledge that Monj reserves the right to log off accounts that are inactive for an extended period of time.
MONJ MAKES NO WARRANTY THAT ANY MONJ SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
Monj reserves the right, in its sole discretion, to terminate your access to any or all Monj Web Sites/Services and the related services or any portion thereof at any time, without notice.
Monj may also terminate or suspend your access to Monj Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Monj. Upon termination of the Monj Site/Service, your right to use the Monj Site/Service Immediately ceases.
Monj shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
Monj will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay Monj liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Monj's actual damages, to the extent such actual damages can be reasonably calculated.
SUBSCRIPTION-BASED CONTENT
Some contents and/or services on the Monj Web Sites/Services may be offered to you conditioned on your purchase of a subscription or a membership (collectively, a "Subscription"). If you elect to purchase Subscription-based content/services and transmit to Monj a Subscription purchase request, you warrant that all Information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all Subscription fees you incur plus all applicable taxes. Your Subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your Subscription without refund and in additional charges based on unauthorized use.
GENERAL
This agreement is governed by the laws of the State of California, without regard to conflicts of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco, California, in all disputes arising out of or relating to the use of the Monj Web Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Monj as a result of this agreement or use of the Monj Web Sites/Services. You agree to indemnify and hold Monj, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Monj Web Sites/Services. Monj reserves the right to disclose any personal information about you or your use of the Monj Web Sites/Services, including its contents, without your prior permission if Monj has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Monj or Its affiliated companies; (3) enforce this User Agreement; or (4) act to protect the interests of its members or others. Monj's performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Monj's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Monj Web Sites/Services or information provided to or gathered by Monj with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Monj with respect to the Monj Web Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Monj with respect to the Monj Web Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PRIVACY POLICY
The Monj, Inc. ("Monj") privacy policy (the "Privacy Policy") is intended to inform you of our policies and practices regarding the collection, use and disclosure of Personal Information and other information you submit to us through Monj. By accessing or otherwise using the Monj websites, e-mails or other services (collectively "Monj"), you agree to the terms and conditions of this Privacy Policy (which is incorporated into and forms a part of the Monj Terms Of Use) and consent to the processing of your information according to the Privacy Policy.
COLLECTION OF INFORMATION
We collect the following types of information:
PERSONAL INFORMATION THAT YOU PROVIDE
In general, we collect Personal Information that you submit to us voluntarily through Monj. We also collect information that you submit in the process of creating or editing your account and user profile on Monj. For example, our registration and login process requires you to provide us with your name, valid e-mail address and password of your choice. Use of some of our services may require you to save a delivery or shipping address. When you personalize your profile and use the features of Monj, we will collect any information you voluntarily provide, and we may also request optional information to support your use of Monj, such as your year of birth, gender and other demographic information. We collect information in the form of the content that you submit in response to questions and surveys, including in regards to food, cooking and your eating habits and lifestyle. We do not collect any medical or health information subject to laws that impose special consent and storage requirements. We may also collect information from you in connection with product promotions.
We may also collect information about you and your friends who use Monj from any social network you may have connected from, in order to provide you with a more personalized experience. For instance, we may collect your user name or profile information that you have permitted to be displayed through Monj in order to display you as a friend or in association with your profile and connections.
To enable payment for services purchased through Monj, we collect and store billing and credit card information. For example, when you donate, you submit your credit card or other payment information so that our service providers can process your payment for the donation. When you sign up for other activities that we make available on Monj, we will collect the information designated along with such activity, which may include contact information such as your address and phone number. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments or forums within the Monj community.
PERSONAL INFORMATION FROM OTHER SOURCES
We may receive Personal Information about you from other sources with which you have registered or interacted, companies who we have partnered with (collectively, "Partners") or other third parties. We may associate this information with the other Personal Information we have collected about you.
E-MAIL AND E-MAIL ADDRESSES
If you send an e-mail to us, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and e-mail address when you send an e-mail notification to a friend through Monj or the social network from which you have connected to Monj (such as in an invitation, or when sharing your content). Additionally, we may use your e-mail address to contact you on behalf of your friends (such as when someone sends you a personal message) or to send notifications from a social network or other website with which you have registered to receive such notifications. We may also use your e-mail address to contact you for things such as notifications of challenges and promotions. You may indicate your preference to stop receiving further promotional communications as further detailed below.
INFORMATION COLLECTED VIA TECHNOLOGY
As you use Monj, certain information may be passively collected and stored on our or our service providers' server logs, including your Internet protocol address, browser type and operating system. We also use Cookies and navigational data like Uniform Resource Locators ("URLs") to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on Monj you clicked; but if you use a consumer internet access provider, your IP Address probably varies from session to session. "Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing the site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience with Monj. Persistent Cookies can be removed by following your Internet browser help file directions. In order to use our services offered through Monj, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of Monj may not work properly, and you may not be able to receive our services. You can manage your cookie preferences via your browser settings (see http://www.aboutcookies.org for more information)
MOBILE & LOCATION INFORMATION
If you use mobile-enabled services provided by Monj, such as any Monj mobile application made available by us, we may receive information about your use of our services from your mobile device while you use our applications or services. This may also include information about your precise location if you have enabled location-based services on your mobile device. Certain applications or services may also require addition information collection, such as information to be sent when you are not logged into Monj for alerts services, and the terms of such collection will be identified when you subscribe to or sign up for such services or applications.
SOCIAL MEDIA INFORMATION
Certain information you post or provide through Monj for public posting, such as your name, profile, comments, collections and reviews, may be shared with other users and posted on publicly available portions of Monj, including without limitation, social media applications and other public forums in which you choose to participate. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through Monj, this information may become publicly available and may be collected and used by others, including people outside the Monj community. Please also be aware that if you choose to share or tweet information, this information will become publicly available on the Facebook and Twitter websites. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. We will not have any obligations with respect to any information that you post to parts of Monj available to others, and recommend that you use caution when giving out personal information to others through social media networks or otherwise.
FEEDBACK INFORMATION
If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy. You agree that any such comments and any e- mail we receive becomes our property. We may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.
USE AND DISCLOSURE OF INFORMATION
In general, Personal Information and other information you submit or share with us is used for the following purposes by Monj: to enable your access to our services, including our newsletter (as to which you may opt out); to provide, maintain, protect, develop and improve Monj; to fulfill your requests for products and services; to customize the content and advertisements you receive from us and our trusted partners; and to offer you additional information, opportunities, promotions and functionality from us or on our behalf, or from our partners or our advertisers at your request.
Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes the Personal Information that we collect with third parties, unless you ask or authorize us to do so.
We may provide your Personal Information to third- party service providers or affiliates who work on behalf of or with us to provide some of the services and features of Monj and to help us communicate with you. Examples of such services include sending e-mail, analyzing data, providing marketing assistance, voucher management services, processing payments (including credit card payments) and providing customer service. We limit information provided to the aforementioned affiliate and third party service providers to the extent necessary for them to provide the services and require such service providers to promise not to use such information except as necessary to provide the relevant services to us. If you do not want us to use or disclose Personal Information collected about you in the manner identified in this Privacy Policy, you may not use Monj. Certain features may expressly require you to submit information for fulfillment at the point of purchase, and Merchants may separately request information from you as necessary. A Merchant's collection and use of any information shall be governed by that Merchant's own privacy policy. Additionally, we do share your content preferences and other information with social networks you have connected with Monj, along with those companies and persons you have asked us to share your information with.
We may share some or all of your Personal Information with Monj affiliated and group companies that are under a common control, in which case we will require them to honor this Privacy Policy. We use analytical tools to better understand how visitors interact with our site. This service provides non-personally identifiable data including but not limited to data on where visitors came from, what actions they took on our site and where visitors went when they left our site.
We may also develop non-personal information concerning Monj users, using de-identification processes to help ensure that such information cannot reasonably be re-associated or connected with you as an individual. Generally, we aggregate this information and use it in statistical analysis to help us analyze patterns in the use of Monj. This Privacy Policy does not limit our use or disclosure of de-identified information (i.e., that is not connected with you as a user) in any way, and we reserve the right to use and disclose such information to our partners, advertisers and other third parties in our discretion.
In the event we go through a business transition such as a merger, acquisition by another company or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer's assets may continue to process your Personal Information as set forth in this Privacy Policy.
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.
YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION
We offer you choices regarding the collection, use and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly at hello@monj.com.
Despite your indicated e-mail marketing preferences, we may send you administrative e-mails regarding Monj, including, for example, administrative and transactional confirmations, and notices of updates to our Privacy Policy if we choose to provide such notices to you in this manner.
If you use Monj services provided through mobile devices, you may have additional choices, including over whether location services are enabled. Additionally, if you use other social media services in connection with Monj, the providers of these services may provide you with additional choices concerning the types of data shared with Monj.
THIRD PARTY ADVERTISING AND SITES
We may enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on Monj. These advertisers and ad servers may use Cookies, "Web Beacons" (which are usually small, transparent graphic images) or similar technologies in order to monitor information related to the serving of their advertisements, and may use information gathered over time and across Web sites in order to make the ads you receive more relevant. Clicking on such advertisements will direct you to the website of a third-party and the advertiser.
We also engage in remarketing to market our sites, products and services or those of our trusted advertising partners across the web: when a user visits our site, a Cookie is dropped on the user, and advertising networks may deliver targeted advertisements to users with this Cookie. We do not share any of your Personal Information with our remarketing ad networks or advertisers.
Monj may contain links to other websites or may make third-party applications available to our users. Please be aware that we are not responsible for the privacy practices or the content of such other websites or applications. We encourage our users to read the privacy statements of each and every website they visit or application they use. This Privacy Policy applies solely to information collected by us through Monj and does not apply to these third-party websites or applications. The ability to access information of third parties from Monj, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third parties, their products, their services, other websites, locations or their content.
SECURITY
We are committed to protecting the security of your Personal Information. We use a variety of industry- standard security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.
CHILDREN'S PERSONAL INFORMATION
Monj does not direct its websites to children under the age of thirteen. We market family-related products or services for purchase by adults. We require registered users of the site to be at least eighteen years old. Protecting the privacy of children is very important. If we obtain actual knowledge that a registered user is under eighteen, we will promptly delete information associated with such account. By using Monj, you are representing that you are at least eighteen years old.
ACCESS TO PERSONAL INFORMATION
You have the right to request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at hello@monj.com. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up- to-date. You may ask us to correct or remove information that you think is inaccurate. You may change any of your profile information by editing it in the profile settings page.
ENFORCEMENT
Personal or other information about you collected on Monj sites and services may be stored and processed in the United States or any other country in which Monj or its affiliates, subsidiaries and services providers maintain facilities.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is subject to occasional revision at our discretion, and if we make any substantial changes in the way we use your Personal Information, we will post an alert on this page or may otherwise post an alert on the Monj website. If you object to any such changes, you must cease using Monj. Continued use of Monj following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
HOW TO CONTACT US
If you have questions or concerns about our Privacy Policy, please contact us at: hello@monj.com. Last updated: October 1, 2015