FM WEBSITE GENERAL TERMS AND CONDITIONS

General Terms & Conditions for Using Our Website

 

TERMS OF USE

Thank you for visiting the Fighting Monkey website. This website is owned and operated by Liartem s.r.o. with address Nam. L. Fullu 7/1665, 01008 Zilina Slovakia, registered under 55778/L with ICO 46456538, DIC SK202323389874. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy and Cookies Policy (Terms). You should review these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘Fighting Monkey’, 'us', 'we' and 'our' means Liartem s.r.o. and  its directors, employees, agents and/or related bodies corporate.


Use and Restrictions

The content of the pages of this website is for your general information and is provided solely as a convenience to you for non-commercial use.

You acknowledge and agree that Fighting Monkey, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the site.

You further agree that you will not: (a) resell for commercial purposes products purchased through use of the site; (b) resell or make commercial use of the site therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any content; (d) collect or use any product listings or descriptions; (e) use, frame or utilize framing techniques to enclose any Fighting Monkey trademark, logo or other proprietary information (including the images found at the site, the content of any text or the layout/design of any page or form contained on a page) without Fighting Monkey’s express written consent.

The website may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using this site or any products exhibited in this site under applicable laws.


Purchase of products and services

Certain products and services can be purchased via our Online Shop and are subject to the specific terms and conditions of the Online Shop.

In addition, if you are a EU resident and you are accessing our Online Shop from outside of the EU (excluding the UK), Norway and Switzerland, the Contents on the Online Shop are displayed solely for the purpose of promoting Fighting Monkey’s products available within the European Union (excluding the UK), Norway and Switzerland.

The products and services sold under the Online Shop may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using this site or any products exhibited in this site under applicable laws.


Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.


Copyright

All material in this website is the sole property of Fighting Monkey and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Fighting Monkey’s express written consent.

Except as expressly provided in these Terms of Use, no part of this website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without Fighting Monkey’s express prior written consent.

If you print, copy or download any part of the site in breach of these Terms of Use, your right to use will cease immediately and you must, at Fighting Monkey’s option, return or destroy any copies of the materials you have made.


Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the website are proprietary to Fighting Monkey. You may not display or reproduce the Marks other than with the prior written consent of Fighting Monkey, and you may not remove or otherwise modify any trademark notices from any content.


Account Registration

If you purchase products or services through your account using this website, you must establish an account with Fighting Monkey. When you register and activate your account, you will provide us with personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy (extracted below).

When you register and activate your account, we will provide you with a user name and password. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the website that occur under your account or your account password.

You agree to immediately notify Fighting Monkey of any unauthorized use of your password or account or any other breach of security. We have the right to disable any account or password at any time, for any reason.

You acknowledge and agree that Fighting Monkey may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all communications to and from you, all information relating to your use of the website, and all information relating to such use under your account or account password if Fighting Monkey is required to do so by law or legal process or if Fighting Monkey determines, in its sole discretion, that such action is necessary to protect the rights of Fighting Monkey, third parties, and other users of the website or for purposes of responding to your request for customer service.


Privacy and Cookies Policy

Your privacy is important to us.  Please read our Privacy and Cookies Policy, which sets out how Fighting Monkey uses and protects any information that you give Fighting Monkey when you use this website.


Linking to the Sites

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.


Indemnification

You agree to defend, indemnify and hold harmless Fighting Monkey, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your breach or alleged breach of these Terms of Use; (ii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (iv) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms of Use.


Limitation of Liability

FIGHTING MONKEY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY FIGHTING MONKEY’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.


Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the website and/or the content must and will be subject to the exclusive jurisdiction of Slovak Republic. These Terms of Use and the relationship between you and Fighting Monkey will be governed by the laws of the Slovak Republic applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.


Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.