MONSTERKONG MARKETING terms of service

Last Revised: March 13, 2021

1. AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, on behalf of yourself or an entity (“Customer”, “User” “you”, “your”) and MonsterKong Marketing, Inc. (“MONSTERKONG MARKETING”, “Company”, “we”, “us”). These Terms and Conditions govern your use of the website at www.MonsterKongMarketing.com, and any other associated web or mobile websites, or media channel (hereinafter the “Website” or “Websites”), and you use of any services that you use and that are provided by MONSTERKONG MARKETING (collectively “Service” and “Services”).

 
You agree that by accessing our Websites and using the Services, you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, you should stop using the Websites and Services.
Supplemental terms and conditions and other documents may be posted on our Websites and are expressly incorporated by reference. We reserve to the right, in our sole discretion, to make changes and updates to these Terms and Conditions, and at any time and for any reason. We encourage you to periodically review these Terms and Conditions and stay informed of any updates. We will inform you of any material changes to these Terms and Conditions using the contact information and methods you have provided to us. You will be subject to, and will deem to have been made aware of any changes to these Terms and Conditions by your continued use of the Websites and Services.
You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Services are exclusively for the use of adults 18 years of age or older, and if you are below the age of 18 you are prohibited from using the Services.

2. DEFINITIONS

2.1. In these terms and conditions the following definitions apply unless otherwise stated:
‘Business Day’ means a day (other than a Saturday, Sunday or public holiday) when banks in Europe are open for business.
‘Contract’ means the contract between the Company and the Client for the supply of Services governed by these Terms and the Order.
‘Client’ means the individual or business entity who purchases Services from the Company and whose details are set out in the Order.
‘Force Majeure Event’ means an event beyond the reasonable control of either party, including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
‘Company’ means "MonsterKong Marketing" a company in Ireland 
‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
‘Order’ means the order placed by the Client through online PayPal/Card/Crypto/Bank Transfer purchase or by email instruction that an order is to be placed. Together with these terms and conditions the order shall form a binding contract.
‘Quotation’ means the written quotation prepared by the Company which contains its proposals for providing Services to the Clients. Unless a bespoke quotation Is prepared, this quotation will be those services and prices displayed on the Company website and visible to the Client at the time of order.
‘Services’ means the services the Company will provide to the Client as specified in the Order and as revised on the "MonsterKong Marketing" website from time to time, as needed to comply with applicable laws or to more effectively produce business results for our clients.
‘Specification’ means the description or specification of the Services in the Order, which will usually be as displayed on the Company website and visible to the Client at the time of order.
‘Terms’ means these terms and conditions as updated from time to time by the Company.
‘VAT’ means value added tax chargeable under European law and any similar additional tax payable on the services provided.
2.2. Where these Terms use words in their singular form, they shall also be read to include the plural form of the word and vice versa. Where these Conditions use words which denote a particular gender, they shall be also read to include all genders and vice versa.
2.3. The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of these Terms.
2.4. A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

3. RIGHTS AND LICENSE

3.1. Right to Use Service. Subject to these Terms and Conditions, Company will provide the Services set forth in the Order for Customer’s use in accordance with these Terms and Conditions and applicable Use Levels. Company hereby grants to Customer a limited, personal, non-exclusive, non-transferable, non-sublicensable right to use any components as may be required to access and use the Services. Customer agrees to use the Services in accordance with the Company’s Privacy Policy, available at https://monsterkongmarketing.com/privacy and incorporated by reference (the “Privacy Policy”)
3.2. Technical Support. Technical support for the Services is provided as set forth in the applicable Service Description. Customer agrees to use the Services for professional or business use. Company reserves the right to Update the Services at its discretion. Updates to the Services are included in the Fees, and Customer agrees to use the most current version of the Service.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. Proprietary Rights. Except for the limited subscription rights granted herein, Customer has no right, title or interest in or to the Company Marks or Services or any components provided by Company in connection with the Services or any intellectual property rights related thereto. Customer acknowledges that Company or its licensors retain all proprietary right, title and interest in and to, or practiced in connection with, the Company Marks and the Services and any components, including, without limitation, all modifications, enhancements, derivative works, configuration, translations, upgrades, and interfaces thereto.
4.2. Company’s Marks. Unless expressly authorized under the terms of this Agreement, Customer agrees that it shall not use, register or apply for registration of any trademark, service mark, business name, company/trade name, domain name or social media account name or handle which is comprised of or incorporates in whole or in part any Mark of Company, or is otherwise confusingly similar to a Mark of Company. In the event of any breach of this provision, Customer agrees that it will do all things necessary to effect the transfer of any such same or similar trademark, service mark, business name, company/trade name, domain name or social media account name or handle to Company, including but not limited to executing assignment documentation. Except as expressly granted herein, no license regarding the use of Company’s copyrights, patents, trademarks, service marks or company/trade names is granted or will be implied. For any authorized use of the Company’s Marks, Customer represents that it has reviewed and will adhere to Company’s Trademark & Copyright Guidelines, and incorporated herein by reference and as may be periodically updated by Company. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Website or Services is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact us using the contact information listed in the section entitled “About Us”.
4.3. You agree that any ideas, suggestions, or improvements that you provide to Company about Company’s products or services shall be owned by Company and that Company is free to include such ideas in future products without compensation to you.

5. CLIENT’S OBLIGATIONS AND INDEMNITIES

5.1. The Client shall provide assistance and technical information to the Company, as reasonably required by the Company in sufficient time to facilitate the execution of an Order in accordance with any estimated delivery dates or milestones. The Client shall have sole responsibility for ensuring the accuracy of all information provided to the Company and warrants and undertakes to the Company that the Client’s employees assisting in the execution of an Order have the necessary skills and authority.
5.2. The Client shall be obliged as quickly as possible and within the agreed deadline to comment on and or approve materials provided under the Services, including (without limitation) profile copy, target website readerships and graphic material submitted by the Company. In addition, the Client shall be obliged as quickly as possible and within the agreed deadline to implement changes on websites, in IT systems or where it may otherwise be required by the Company.
5.3. The Client shall be obliged to inform the Company immediately of changes of domain names, websites, passwords, technical setup and any other material information regarding the technical infrastructure which may affect the Services delivered by the Company.
5.4. In the event that the Client fails to undertake those acts or provide those materials required under this clause 5 within any agreed deadline (and at least within 10 Business Days of the date requested by the Company) the Company shall be entitled to invoice for the Services that it has supplied and the remaining Services specified in the Order whether or not the Company has been able to deliver them.
5.5. The Client shall indemnify and keep the Company indemnified fully against all liabilities, costs and expenses whatsoever and howsoever incurred by the Company in respect of any third parties as a result of the provision of the Services in accordance with the Order, Specification, or the content of the Client’s advertising or web pages which result in claims or proceedings against the Company for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or for defamation.
5.6. The Client undertakes to comply with all applicable rules, regulations, codes of practice and laws relating to its use of the Services, including without limitation its obligations under the Data Protection Act 1998 and the GDPR and hereby agrees to indemnify and to keep the Company indemnified in respect of any and all costs, claims or proceedings whatsoever brought against the Company by any third party in connection with any breach of the same by the Client.
5.7. The Company require that prior notice be given for any alterations relating to the Client’s social media profile(s) that may affect the services supplied by the Company. If alterations are made by the Client or a third party to the Client’s profile(s) then performance and brand integrity may be affected and the Company cannot be held responsible.

6. ORDERS, FEES, AND PAYMENT

6.1. Unless otherwise expressly stated, all prices shall be in Euro and shall be exclusive of VAT and other duties. In countries outside of the European Union the currency will be converted to the local currency and will fluctuate according to the local currency value against the Euro. In the event that duties are introduced or changed after the conclusion of an Order, the Company shall be entitled to adjust the agreed prices accordingly.
6.2. The Client acknowledges that certain Services may involve the licensing of third party Intellectual Property Rights and that the Client may be required to enter into a licence directly with such third party. Unless otherwise expressly stated, all prices shall be exclusive of costs for the acquisition of Intellectual Property Rights for materials to be included in marketing materials, including if relevant (but without limitation) pictures and licences from third party owners and licensors.
6.3.a All Social Media Packages are provided on a monthly basis and the Client acknowledges that subscriptions will be automatically renewed by the Company at the end of each term to avoid any interruption to service. The Client may terminate its subscription to the Services by requesting for a cancellation of services in their client portal giving no less than 30 business days’ notice of the termination.
Services will continue to be provided until such time as the existing service subscription has been provided in full to the Client (ie. until the end of the month or year for which the services have already been invoiced or been pre-paid by the client). Social Media Packages are currently offered with a minimum three month term – the right to terminate services only comes into effect once this minimum term has been completed.
6.3.b All Lead Generation Packages are provided on a recurring monthly subscription basis and the Client acknowledges that subscriptions will be automatically renewed by the Company at the end of each term to avoid any interruption to service. The Client may terminate its subscription to the Services in their client portal no less than 30 business days’ notice of the termination. Services will continue to be provided until such time as the existing service subscription has been provided in full to the Client (ie. until the end of the month for which the services have already been pre-paid by the client). Some Lead Generation services include a guaranteed minimum lead volume per month – which will be the number of people who fill out a lead form exclusively for the client. Where such guarantees are applicable, MONSTERKONG MARKETING will provide to you in writing the applicable guaranteed minimum lead volume per month when service provision commences. Any variance in this monthly guaranteed lead volume will be communicated to the client in writing by MONSTERKONG MARKETING.
6.4. The Company may from time to time offer discounts for payment by certain preferred payment methods and / or within certain timeframes, as stipulated by the Company in its Quotation. Failure by the Client to make payment via the prescribed payment method and within the prescribed timeframes will result in forfeiture of the discount and the Client will become liable to paying the ongoing and outstanding subscription at the full rate.
6.5. The Company may from time to time offer referral commissions to partners who introduce new clients to the company. Referral commissions will only be payable on new clients who buy subscriptions on which no other referral partners are due a commission. Referral partners are responsible for introducing clients who are financially robust and who will make payment on their subscriptions in a timely and reliable manner. Commissions will only be payable to referral partners when the clients they have introduced all have no outstanding invoices to be paid. Should any client fail to make payment via the prescribed payment method and within the prescribed timeframes at any point then the commissions that would have been payable to the referral partner for all their referred clients shall first be used to make payment on that outstanding debt to the Company. If late payment is subsequently secured from the client then the referral fees balance shall be adjusted accordingly to reflect the fact that a commission would then be due. In the event that more than one referral partner believes they have introduced the new client, the Company will decide at its absolute discretion which one of the referral partners has been most instrumental in securing that new client and therefore will be paid the commission.

7. PROHIBITED ACTIVITIES AND RESTRICTIONS

7.1. You affirm, represent, and warrant that, through your use on the Services, Any Customer Sites do not relate to the following:
Pornography or sexually explicit content The occult
Hate speech
Racism
Pharmaceuticals
Purchase and use of illegal narcotics
Medicinal and recreational cannabis products
Cryptocurrency
Illegal activities of any kind
You also represent and warrant the content contained or distributed by Customer Sites does not violate the intellectual property rights of third parties. Company reserves the right to make the final decision regarding what is appropriate.
7.2. The Services are for professional/business use only, and may not be used for any other purpose.
7.3. You understand and agree to not place an unreasonable burden on the server hosting the Website or the Services, and to not interfere with the running of the Website or Services, and to not attempt unauthorized access to any portion of the Website.
7.4. You agree not to use bots, click-farms, fake click-throughs, or any other automated or manual techniques to fake, simulate or otherwise generate user activity on the Websites, the Service or Customer Sites with the intention of creating exaggerated or misleading user activity.
7.5. Except to the extent permitted by applicable law, Customer agrees, on behalf of itself and its users, not to (i) modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or attempt to decipher any code relating to the Websites, Services, and/or Company’s technology; (ii) knowingly or negligently access or use the Websites or Services in a manner that abuses or disrupts the Company’s networks, security systems, user accounts, or Services of Company or any third party, or attempt to gain unauthorized access to any of the above through unauthorized means, (iii) market, offer to sell, and/or resell the Services to any unauthorized third party; (iv) use the Services in violation of Company policies, applicable laws, ordinances or regulations; (v) use the Websites or Services directly or indirectly for competitive benchmarking or other competitive analysis if Customer is a direct competitor of the applicable Service; or (vi) make any representations with respect to Company or these Terms and Conditions (including, without limitation, that Company is a warrantor or co-seller of any of Customer’s products and/or services). Company shall have sole and exclusive discretion to determine the applicability of the restrictions set forth above and any violations thereof.
7.6. Company further reserves the right to suspend or terminate your use of the Websites and Services without prior notice for a violation of any of the provisions in this section.

8. PRIVACY

Please read our Privacy Policy available at: https://monsterkongmarketing.com/privacy to carefully to understand how Company collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference into these Terms and Conditions.

9. THIRD-PARTY SITES

The Website and Services may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Company, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

10. COMPLIANCE WITH LAWS

In connection with the performance, access, and use of the Services under these Terms and Conditions, Company and Customer agrees to comply with all applicable laws, rules and regulations including, but not limited to, export and import, data protection, and privacy laws and regulations. Specifically, Customer shall provide the relevant persons and/or participants with all information or notices Customer is required by applicable privacy and data protection laws to provide and, if necessary, obtain the consent of or provide choices to such persons and/or participants as required. Notwithstanding any other provision in these Terms and Conditions, Company shall have the right to immediately terminate its agreement with Customer for noncompliance with applicable laws.

11. DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND SERVICES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE AND SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Any provision herein to the contrary notwithstanding, the maximum liability of Company to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Services delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Company by You for the Services whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Company arising out of this Agreement. The parties acknowledge that the limitations set forth in this section are integral to the amount of consideration levied in connection with the Website, the Services, and any services rendered hereunder and that, were Company to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

13. INDEMNIFICATION

Upon a request by Company, you agree to defend, indemnify, and hold Company and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of the Website or Services

14. ADDITIONAL TERMS

14.1. Services Trial. Company may make the Services available to Customer on a trial basis or offer promotional versions of the Services for a limited period of time (“Trial Period”), as specified on the applicable Order. The Trial Period shall terminate (i) at the end of the stated Trial Period, or (ii) if no such date is specified, thirty (30) days from the date of Customer’s initial access to the Services. Following expiration of the Trial Period, the Services may automatically continue unless canceled by Customer, and Customer is responsible for payment of the applicable Fees set forth in the Order. During the Trial Period, Company provides the Services “AS IS” and without warranty or indemnity, to the extent permitted by law, and all other terms of these Terms and Conditions otherwise apply. Company reserves the right to modify or discontinue any trials or promotions at any time without notice.
14.2. Copyright. In the event Customer believes that the Services have been used in a manner that constitutes copyright infringement, Customer shall notify Company at support@monsterkongmarketing.com, and provide all of the following information, as required by the Digital Millennium Copyright Act ("DMCA"): (i) a statement that Customer has identified content in the Services that infringes a copyright of a third party for whom Customer is authorized to act; (ii) a description of the copyrighted work Customer claims has been infringed; (iii) a specific description of where the allegedly infringing material is located in the Services, including a URL or exact description of the content's location; (iv) Customer’s name, address, telephone number, and e-mail address; (v) a statement that Customer has a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use); (vi) a statement that, under penalty of perjury, the information in Customer’s notice is accurate and that Customer is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and (vii) Customer’s electronic or scanned physical signature. Company reserves the right to delete or disable allegedly infringing content, to terminate the accounts of users who are repeat infringers, and to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.
14.3. Cookies. By using the Services or websites, Customer agrees to the use of cookies which Company uses to facilitate use of the Services and the Website. Company does not store passwords or any other Customer personal information in the cookies, and Company does not sell, trade or rent any Customer personal information to unaffiliated third parties. More information about Company’s use of cookies is contained in the Cookie Policy available at: https://www.monsterkongmarketing.com/cookies
14.4. Suspension of Service. Company may temporarily suspend the Services if Company determines, in its sole discretion, that continued provision would compromise the security of the Services due to, without limitation, hacking attempts, denial of service attacks, mail bombs or other malicious activities, and Company will take action to promptly resolve any such security issues. Company agrees to notify Customer of any such suspension and subsequent reactivation of the Services.
14.5. Assignment. Neither party may assign its rights or delegate its duties under these Terms and Conditions either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign these Terms and Conditions as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. Any attempted assignment without such consent shall be void. These Terms and Conditions will bind and inure to the benefit of each party’s successors or assigns.
14.6. Notices. All legal notices required under these Terms and Conditions shall be in writing and delivered in person or by certified or registered express mail to the address last designated on the account for Customer, and the Company contracting entity as specified below, or such other address as either party may specify by notice to the other party as provided herein. Notice shall be deemed given (i) upon personal delivery; (ii) if delivered by air courier or email, upon confirmation of receipt; or (iii)five (5) days after deposit in the mail. Non-legal notices may be provided to the email address specified on the applicable Order and shall be deemed effective on the next business day following the date and time stamp on the sender’s email. Company may also provide Customer with notice postings on the Company Website.
14.7. Entire Agreement; Order of Precedence. These Terms and Conditions set forth the entire agreement and understanding of the parties relating to the Services and supersedes all prior and contemporaneous oral and written agreements. For any conflict between an executed Order, these Terms and Conditions and the Service Descriptions, the conflict shall be resolved in that order, but only for the specific Services described in the applicable Order. Nothing contained in any document submitted by Customer shall in any way add to or otherwise modify these Terms and Conditions or Company’s program terms.
14.8. General Terms. Captions and headings are used herein for convenience only, are not a part of these Terms and Conditions, and shall not be used in interpreting or construing these Terms and Conditions. The parties are independent contractors and nothing in these Terms and Conditions creates a partnership, franchise, joint venture, agency, fiduciary or employment relationship between or among the parties. No person or entity not a party to these Terms and Conditions will be deemed to be a third-party beneficiary of these Terms and Conditions or any provision hereof. Company authorized resellers and distributors do not have the right to make modifications to these Terms and Conditions or to make any additional representations, commitments, or warranties binding on Company. No waiver or amendment of any term or condition of these Terms and Conditions shall be valid or binding on any party unless agreed to in writing by Company or Customer. Company failure to enforce any term of these Terms and Conditions will not be construed as a waiver of the right to enforce any such terms in the future. Unless otherwise specified, remedies are cumulative. These Terms and Conditions may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay, interruption or other failure to perform under these Terms and Conditions due to force majeure events and acts beyond a party’s reasonable control, but only for so long as such conditions persist. Force majeure events may include: natural disasters; wars; terrorist activities, activities of local exchange carriers, telephone carriers, wireless carriers, and Internet service providers, labor disputes; and acts of government.

15. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Company with respect to the Website and Services and supersedes all prior or contemporaneous communications between you and Company with respect to the Website and Services. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

16. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the The Republic of Ireland. You hereby consent to binding arbitration in The Republic of Ireland to resolve any disputes arising under these Terms and Conditions.

17. ARBITRATION OF DISPUTES

The parties agree that any dispute or claim in law or equity arising between them regarding the use of the Website, the Services, or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in The Republic of Ireland. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of The Republic of Ireland. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THE WEBSITE AND SERVICES YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THE WEBSITES OR SERVICES.

18. CLASS ACTION WAIVER

ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THE WEBSITE, THE SERVICES, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

19. ATTORNEYS’ FEES

In any dispute, action, proceeding, or arbitration regarding the use of the Website, the Services, or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).

20. ABOUT US

Our Websites and Services are provided by:
MonsterKong Marketing,
Cinnamon Cottage,
Faugh, Muckross
Killarney,
Co. Kerry, 
V93 NW5K
IRE
Phone: +353873636182

MonsterKong Marketing is a corporation resisted under the laws of the state of The Republic of Ireland.
If you wish to contact MonsterKong Marketing for any reason, who may do so using the contact information listed in this section.

© 2021 MONSTERKONG MARKETING LTD. All rights reserved.