Defamation Monitor Terms & Conditions

Defamation Monitor is a website and web-based tool for use by individuals and businesses.

The following are the terms and conditions for use of the Defamation Monitor (owned by Defamation Monitor, LLC) service including without limitation account creation, access, notifications, member resources and any other services which may be offered by Defamation Monitor for use with your Defamation Monitor account login name or e-mail address (each feature individually and collectively referred to as the “Service”). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. By creating an account or accessing our site or application, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“TOS”).

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Defamation Monitor is a site for all visitors, including individuals and businesses.

As a user of Defamation Monitor, you acknowledge that Defamation Monitor collects and catalogs information based on the criteria you provide. Defamation Monitor does not alter any content obtained from the Internet. In rare instances, this information may be used for development research and marketing in the future. Defamation Monitor expressly reserves the right to use information collected by the application for marketing purposes.

Account holders may delete their account at any time. Defamation Monitor is not responsible for the accuracy of the information gathered by our application. Defamation Monitor will not guarantee any specific results using the web-based tool. Results will vary on a case to case basis.

Defamation Monitor will not be responsible for the loss of content or information in case of any physical or non–physical damages to our servers. You will be solely responsible to keep copies of your content or information. Defamation Monitor takes best care to ensure the website is secured from any network attack. However, we are not responsible in case of any network attack.

Defamation Monitor does not guarantee any information or techniques found within the onlnie resources or Defamation Monitor Blog. The all resources and strategy guides are provided informational purposes only and may be used at the user’s discretion. We are not responsible for any harm that may occur for an individual or brand due to the utilization of strategies and techniques found on the Defamation Monitor blog, our downloadable resources, or otherwise provided by Defamation Monitor. You assume all risks associated with your actions.

Defamation Monitor will not be responsible in any way related to your damages or loss which may occur from your membership and content collection within our site or application.

Defamation Monitor’s tips, suggestions, and guidelines are not, do not include and should not be treated as legal advice. For Any damages or loss arising out of those, you will be solely responsible. Defamation Monitor will be held not responsible.

Defamation Monitor does not edit or censor information on the Internet matching user’s queries or investigate them for accuracy. Defamation Monitor is a web-based tool for the entire world to use.

Actual results from using Defamation Monitor may be constructive or helpful. Or, actual results from using Defamation Monitor may be destructive and harmful.

Defamation Monitor has no intention or agenda but to remain impartial and independent, and provide a public Internet web-based platform to foster and support communications between individuals and businesses.

Defamation Monitor seeks to promote a healthy, constructive, web-based tool. We do our best to try to achieve this goal. We make no guarantees. If anyone has any ideas about how Defamation Monitor might do this better, we would appreciate hearing from you.

GENERAL TERMS AND LIABILITY DISCLAIMER

As a condition of your use of the Service, you warrant to Defamation Monitor that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

  • Use the 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.
  • Publish, distribute or disseminate any inappropriate, profane, defamatory, pornographic, infringing, obscene, racist, indecent or unlawful material or information or otherwise collect information about others, including e-mail addresses, without their consent.
  • Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
  • Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  • Interfere with, or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  • Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
  • Interfere with another member’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services.

Defamation Monitor has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session. However, Defamation Monitor reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

LINKS TO THIRD PARTY SITES

THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF DEFAMATION MONITOR, AND DEFAMATION MONITOR IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DEFAMATION MONITOR IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DEFAMATION MONITOR IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DEFAMATION MONITOR OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in or available through the Service may contain inaccuracies or typographical errors. Changes are periodically added to the information herein. Defamation Monitor and/or its respective suppliers may make improvements and/or changes in the Service at any time.

Defamation Monitor does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.

Defamation Monitor does not warrant or represent that the use or the results of the use of the Service or the materials made available, as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Defamation Monitor 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 the Service.

You expressly agree that Defamation Monitor is not responsible or liable for any threatening, defamatory, obscene, racist, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You expressly agree that Defamation Monitor is not responsible for any content sent using and/or included in the Service by any third party.

DEFAMATION MONITOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DEFAMATION MONITOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL DEFAMATION MONITOR 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 SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEFAMATION MONITOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/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 SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE, AND ITS RELATED WEB SITES.

INDEMNIFICATION

You agree to indemnify and hold Defamation Monitor, 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 Service.

TERMINATION

Defamation Monitor may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

If you wish to terminate your account, your only recourse is to discontinue the use of the Service.

Defamation Monitor shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

Defamation Monitor will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited e-mail.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on the Service 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 third party. Defamation Monitor shall not be responsible or liable for any part of any such dealings or promotions.

MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES

Defamation Monitor reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

GENERAL

The laws of the State of Colorado and the United States of America govern this agreement. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Defamation Monitor as a result of this agreement or use of the Service. Defamation Monitor’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Defamation Monitor’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Defamation Monitor 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 Defamation Monitor with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Defamation Monitor with respect to the Service. A printed version of this agreement and 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. You and Defamation Monitor agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English. All rights reserved.

TRADEMARKS

Defamation Monitor products and services referenced herein are either trademarks or registered trademarks of Defamation Monitor, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. If any material is posted to Defamation Monitor by site visitors that contain copyrighted material that infringes upon the copyright help by another party, please contact remove@DefamationMonitor.com.

Any rights not expressly granted herein are reserved.

To the best of your knowledge, any materials or intellectual property created are original and do not infringe upon the intellectual property rights of others.