Terms of Service
Last Updated May 30, 2022
AGREEMENT TO TERMS
The following terms and conditions govern all use of https://www.monstershuffler.com (the “Website”) and all content, services and products available at or through the Website (collectively, the “Services”).
The Website is owned and operated by Ismaele Gobbo (the “Owner”, "he", "him", "his").
1. WEBSITE AND SERVICES
The Owner is not a lawyer nor belongs to a law firm, but he helps you with compliance in relation to your privacy and contractual obligations. The Owner provides you a software (the “Software”), that you access remotely via the cloud, that you can use to (a) create, generate, include, refer to, transfer, upload, display, host, promote, post, make available, distribute, link to or transmit messages, artwork, text, displays, images, photographs, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, software and other materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, to our Websites or Services (collectively, your "User Content").
The Software provided by the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Owner to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You represent and warrant that: (i) you own or control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Websites, Games, and Services; (ii) the User Content is accurate and not misleading; (iii) the User Content and your use of such User Content does not violate any law, rule or regulation; (iv) the User Content is not inappropriate, profane, indecent, harmful, threatening, abusive, defamatory, harassing, tortuous, vulgar, obscene, libelous, pornographic, harmful to minors, racially, ethnically or otherwise objectionable or that may be invasive of another's right of privacy or publicity; (v) your User Content does not contain any macro, bot, virus, trojan horse, keystroke logger, worm, time bomb, cancelbot, corrupted data or other file, code or computer programming routing that is intended to or results in damage, detrimentally interferes with the Websites or Services; and (vi) User Content you supply does not violate these Terms and will not violate any rights of any third party or cause injury to any person or entity. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any User Content posted by you. You are solely responsible for the User Content that you post, store or upload on or through the Websites, Games, and Services. The Owner does not pre-screen User Content, nor does he have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded; however the Owner reserves the right to delete, screen or edit any User Content posted, stored or uploaded at any time and for any reason without notice. The Owner may monitor and record your User Content, including your communications in or via the Website, or Services for a variety of different purposes, including to identify misconduct, reduce toxic user behavior, and to improve the Services. Without limiting the foregoing, the Owner may remove any User Content that in the sole judgment of the Owner violates these Terms.
2. INTELLECTUAL PROPERTY RIGHTS
By posting or submitting any User Content to or through the Website, Software, or Services, you hereby irrevocably subject such User Content to the Creative Commons Attribution-Share Alike License, and you warrant that such User Content is not subject to other licenses other than the Creative Commons Attribution-Share Alike License. For more informations please visit https://creativecommons.org/licenses/by-sa/4.0/.
3. USER REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. FEES AND PAYMENT
The Owner offers free and paid account options. You can create a free account (“Free Account”) without providing any credit card information, but your access to the Website’s features will be limited. Depending on your needs, you may want to access more or all of of the Website’s Services by creating or upgrading to a paid account (“Paid Account”). You can create or upgrade to a Paid Account by signing up for one of the Owner’s subscription plans (“Subscription Plans” and each a “Subscription”).
Fees for Subscriptions
Fees for Subscriptions (“Subscription Fees”) shall be based on the length of your Subscription (“Subscription Period”). All Subscriptions will auto-renew at the end of the then Subscription Period.
You are billed for all initial and recurring Subscription Fees through an online billing account and you agree to provide (and keep updated) current, complete, and accurate purchase and account information including email address, payment method, and payment card expiration date, so that your payment can be processed and you can be contacted as needed.
The Subscription prices may be updated from time to time so please make sure that you check the current Subscription Fees before placing your order. All payments shall be in USD, EUR, or GBP.
Accepted Forms of Payment
The following forms of payment are accepted: Visa, Mastercard, American Express, Discover, any other Stripe supported card brands.
You agree to pay all charges or fees at the prices then in effect for your Subscription, and you authorize the Owner to charge your chosen payment provider for any such amounts upon placing your order. If your Subscription is subject to recurring charges, then you consent to the Owner charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify the Owner of your cancellation in accordance with the cancellation information described in this section below.
The Owner reserves the right to correct any errors or mistakes in pricing, even if he has already requested or received payment. He also reserves the right to refuse any order placed through the Services. In such case he will notify you by email and refund you any Subscription Fees that you have paid.
Account Upgrades, Downgrades, and Cancellations
If you created a Free Account but want to upgrade to a Paid Account, your upgrade will occur immediately upon payment of the relevant Subscription Fees and your Subscription Period will run from the date of your upgrade.
If you created or upgraded to a Paid Account, and you want to:
Upgrade to a different Subscription Plan: Your upgrade will occur immediately at a prorated rate upon payment of the price difference between the two Subscription Plans for the remainder of your Subscription Period. Your upgraded Subscription Plan will run until the end of the initial Subscription Period and will auto-renew as the upgraded Subscription Plan.
Cancel your Subscription Plan and/or downgrade your Subscription: Your downgrade will take place following the end of your current Subscription Period. PLEASE NOTE THAT WHEN YOU DOWNGRADE YOUR ACCOUNT, YOU WILL ONLY BE ABLE TO ACCESS THE SERVICES AVAILABLE WITHIN YOUR NEW SUBSCRIPTION PLAN, AND THEREFORE YOU MAY LOSE ACCESS TO ANY ADDITIONAL FORMS OR ANY PREMIUM CONSENT PLATFORM FEATURES CREATED OR AVAILABLE THROUGH YOUR PREVIOUS SUBSCRIPTION PLAN.
How to Cancel a Subscription Plan
You can cancel your Subscription Plan at any time by logging into your account or contacting the Owner using the contact information provided below. Your cancellation will take effect at the end of your current Subscription Period.
Except as stated in this Section, we will not be required to refund Subscription Fees under any circumstances.
If you are unsatisfied with our services, please send an email at email@example.com
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Owner.
As a user of the Services, you agree not to:
7. THIRD-PARTY WEBSITES AND CONTENT
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and the Owner takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that the Owner does not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold the Owner harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
8. SERVICES MANAGEMENT
9. PRIVACY NOTICE
Review our Privacy Notice to understand our use of your personal information. You acknowledge that you have reviewed and understand our Privacy Notice.
Please be advised the Services is hosted in Italy. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Italy, then through your continued use of the Services, you are transferring your data to the Italy, and you agree to have your data transferred to and processed in Italy.
10. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
The Owner respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify him using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Owner to locate the material; (4) information reasonably sufficient to permit him to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to the Owner using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside Italy, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, the Owner will restore your removed or disabled material, unless he first receive notice from the party filing the Notification informing him that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Contact info: firstname.lastname@example.org
11. TERM AND TERMINATION
THE OWNER MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN HIS SOLE DISCRETION IF HE CONSIDERS THAT YOU HAVE BREACHED, OR ARE LIKELY TO BREACH, ANY OF THE ABOVE.
If the Owner terminates or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Owner reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
The Owner reserves the right to change, modify, or remove the Content or the Services from time to time to comply with new laws or regulations or to update the Website’s offerings. He also reserves the right to modify or discontinue all or part of the Services if Monstershuffler were to close down or if he decides to change Monstershuffler’s business offering. The Owner will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
The Owner cannot guarantee the Services will be available at all times. The Website may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. The Owner reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Services from time to time and will endeavour to give you notice of such changes. You agree that he has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
13. GOVERNING LAW
14. DISPUTE RESOLUTION
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.
The Owner reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE OR THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE OWNER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE CONTENT OR ANY THIRD-PARTY CONTENT AND HE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
THE OWNER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY WEBSITE AND HE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL THE OWNER OR MONSTERSHUFFLER’S, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY (DIRECT OR INDIRECT): (A) LOSS OF DATA, (B) LOST PROFIT, OR (C) LOST REVENUE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HIS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING AND (B) THE SUM OF US$10.
CERTAIN STATE LAWS AND COUNTRIES’ LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. USER DATA
The Owner will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although the Owner performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
You agree that the Owner shall have no liability to you for any loss or corruption of any such data, and you hereby agree that you shall independently back up all your data and waive any right of action against him arising from any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website or using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications the Owner provides to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY THE OWNER OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. OTHER IMPORTANT INFORMATION
The Owner may assign any or all of his rights and obligations to others at any time.
You shall not (a) permit any third party to access or use the Services or Software in violation of any Italy law or regulation; or (b) export any software provided by the Owner or otherwise remove it from Italy except in compliance with all applicable Italy laws and regulations. Without limiting the generality of the foregoing, you shall not permit any third party to access or use the Services in, or export the Software to, a country subject to a Italy embargo.
22. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: