Welcome to Monsters and Critics, we hope you enjoy the various articles and services we provide. Please be sure to read over the details in this User Agreement. This is an agreement between you (referred to hereinafter as “You”, “Your,” “Member,”,”Subscriber” or “User”) and Monsters and Critics. You should be aware of the benefits we provide and also of the limitations of the service.
This Agreement applies to the MonstersandCritics.com site and any associated subdomains. (referred to hereinafter “Monsters and Critics”). This agreement also applies to various services offered, including but not limited to subscription, membership, media clients, newsletters and other services that may be added.
Acceptance of Agreement
By accessing Monsters and Critics, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these “Terms) at any time. Your continued use of our services signifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may stop accessing or using our services at any time.
Our Sites and Services provide you with opportunities to link to, or otherwise use, sites and services offered through our third-party service providers, including email.
Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service.
These links are provided solely as a convenience to our visitors. Such third-party linked sites are not under Monsters and Critics control and Monsters and Critics is not responsible for and does not endorse their content.
You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.
Children Under 13
Monsters and Critics Sites and services are not directed to children under the age of 13. Monsters and Critics Sites and Services will not knowingly collect personally identifiable information from anyone under 13.
Data Protection and Privacy
If you believe that any material available on Monsters and Critics.com, including that hosted our community forums, infringes on your copyright(s), please let us know by submitting a DMCA notice.
Before submitting please check that the use does not fall under fair use. We advise you to seek legal advice if you are unsure.
You could be liable to pay damages if you materially misrepresent that any material or activity infringes on your copyright.
Please submit any complaints to our designated agent who is registered with the DMCA Designated Agent Directory:
James Wray, G2/B, Banchory Business Centre, Burn O’Bennie Road, Banchory, Scotland, AB31 5ZU
Please include the following:
1. A description of the content and its location in enough detail that we can find it on our site. This might be a URL link to the page where it is present. If more than one work is involved, please list them
2. A signature (physical or electronic) of the copyright holder or someone authorized to act on their behalf.
3. Your name, address, telephone number, and email address.
4. A statement declaring the information in the notification is accurate, and that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right hat has been allegedly infringed.
5. A statement that you believe in good faith that the content in the complaint has not been authorized for use by the copyright owner, one of their agents or the law.
Digital Minefield will promptly remove or disable access to any material claimed to be infringing.
Monsters and Critics Site and Services
As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, online forums, personalized content and branded programming through Monsters and Critics Sites and Services. Some Services offered on Monsters and Critics are presently provided free of charge. It is possible that this could change in the future.
We will do our best to make your experience with the Monsters and Critics Sites and Services a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that Monsters and Critics Sites and Services, including the services of our third-party service providers, are provided “AS IS.” Monsters and Critics Sites and Services and our third-party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.
Service Changes and Discontinuation
Monsters and Critics reserves the right to change or discontinue, temporarily or permanently, the Sites and Services at any time without notice. You agree that Monsters and Critics will not be liable to you or any third party for any modification or discontinuance of these Sites and Services.
Conditions of Use
For the benefit of the entire Monsters and Critics community, and to comply with applicable laws, we have a set of rules that we ask that you follow. We feel these are not unreasonable and make sense both to benfit the site and yourself. Breach of these rules is grounds for termination of your account. Please read them carefully.
Provide Accurate Information
You agree to provide true, accurate, current and complete information about yourself as requested in Monsters and Critics Sites and Services registration forms. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.
Protect Your Password
Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify Monsters and Critics immediately of any unauthorized use of your password or account or any other breach of security.
Stay within the Law
You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, rascist, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.
Monsters and Critics Sites and Services attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of Monsters and Critics Sites and Services are protected by international copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on Monsters and Critics Sites and Services is strictly prohibited without the prior written permission of Monsters and Critics. Content that is publicly available on Monsters and Critics Sites and Service may not be stored in a computer, except for personal and non-commercial use. You can see further details on copyright page.
Limits on Uses of User Information
By using any Monsters and Critics Site or Service, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user’s (whether specific to any particular user or as an aggregation) information accessible through any web sites owned by Monsters and Critics, including but not limited to any Commercial Purpose.
“Commercial purposes” can include but is not limited to selling information to third parties; using the data collected to customize users’ experiences; using the data for targeted marketing campaigns; or using the data to offer services to Monsters and Critics users. Monsters and Critics reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any Monsters and Critics account not owned by you, to its source, or exploit the Sites or Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Sites or Services.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person’s use of the Sites or Services.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to Monsters and Critics on or through the Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Permissions You Grant to the Monsters and Critics
Distributing Content You Produce
User submitted content includes but is not limited to: letters or emails; cheat codes; board posts; reader reviews; game ratings, data, notes and testimonials; and poll votes. Monsters and Critics Sites and Services may modify, display, distribute and create new material using such content on Monsters and Critics Sites and Services for the promotion and marketing of our services and the operation of our system.
By submitting content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, Monsters and Critics Sites and Services and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself.
When you submit a Game Cheat, Game Walkthrough, DVD Easter Egg, Review, Editorial, News Item, or any other content submission it is considered your original and copyrighted work and you are licensing the content to Monsters and Critics for publication.
We may modify the format and display of the work, or edit but not alter the content. It may be distributed across Monsters and Critics Sites and Services for promotion and marketing of our services and operation of our system.
The Monsters and Critics Sites and Services rely on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that the Monsters and Critics Sites and Services may display advertisements and promotions of all kinds in the services.
In order to ensure that the Monsters and Critics Sites and Services are able to provide high-quality services that are responsive to our members’ needs, you agree that Monsters and Critics employees have access to your account and records as reasonably needed to investigate complaints.
Merger or Acquisition
In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by Monsters and Critics, Monsters and Critics may transfer your Personally Identifiable Information and transition your existing accounts to a similar subscription product to a third party as a part of such merger, acquisition, reorganization, or sale.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. Monsters and Critics and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Monsters and Critics makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Monsters and Critics Site and Services, our third party service providers, or through or from the Service will create any warranty not expressly stated in the Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.
You acknowledge and agree that Monsters and Critics Sites and Services do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, racist, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another.
You acknowledge that Monsters and Critics Sites and Services do not pre-screen any user posted content, but that Monsters and Critics and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Sites and Service. User is defined as any person who visits Monsters and Critics Sites and receives information or uses Monsters and Critics Services.
Limitation of Liability
You agree that the Monsters and Critics will not be liable to you for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Monsters and Critics Sites have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service.
You agree to protect and fully compensate Monsters and Critics Sites and Services and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Site or Services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
The Monsters and Critics Site and Services provide information of a general nature and are designed for informational and entertainment purposes only and are not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. The Monsters and Critics Sites and Services do not endorse any of the treatments, medications, or products discussed herein.
Monsters and Critics rights under this Agreement may not be waived unless Monsters and Critics agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with Monsters and Critics prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
All matters relating to your access to, or use of, the Service shall be governed by United Kingdom Law. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and Monsters and Critics Sites and Services.
Newsletter subscription Terms of Service
THIS NEWSLETTER SUBSCRIPTION AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“SUBSCRIBER”, “YOU,” “YOUR” OR “YOURSELF”), AS THE END USER, AND Digital Minefield Ltd (“OUR,” “US,” “WE” OR “Monsters and Critics”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING Monsters and Critics Subscription SERVICE (THE “SERVICE”). BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE REGISTRATION PROCESS.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you will have an account and enter a password. You are solely and entirely responsible for maintaining the confidentiality of your password.
Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform Monsters and Critics of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Monsters and Critics is notified by e-mail of a breach in security, you will remain liable for any unauthorized use.
You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of premium services is through a combination of an ID and a password. You must keep your password strictly confidential. Monsters and Critics will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
No warranty is made by Monsters and Critics regarding any information, services, or products provided through or in connection with premium services, and Monsters and Critics hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement.
Limitations of Liability
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
The material on Monsters and Critics Sites and Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. Monsters and Critics spends a great deal of time and money to obtain the information appearing on our sites.
You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from Monsters and Critics Sites or Services, without express written permission from Monsters and Critics. You agree that if you do so, Monsters and Critics reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
Changes to the Agreement
This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on the Sites or Services. Your continued use of the Service constitutes your binding acceptance of this Agreement, including any changes or modifications we may make.
If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend or discontinue all or any aspect of the Service at any time, including availability of any Service feature, database or content, without prior notice or liability.
Notices by Monsters and Critics to subscribers may be given by means of electronic messages or by a general posting on the Sites or Services.
This Agreement is governed by the laws of the United Kingdom without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the United Kingdom legal system in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
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 Section. You shall not use the Service in any manner contrary to local, state or federal law or.
Monsters and Critics expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our 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 us 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.
This Agreement constitutes the entire agreement between you and Monsters and Critics with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Monsters and Critics 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.
When you register for the Forums, you agree to use the message boards and member pages only to post information and send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell any goods or services for any commercial purpose.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the message boards.
- 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.
- Incite any rascist or religious hatred.
Forums/User Page Account Termination
Monsters and Critics and its affiliates reserve the right to terminate your access to any or all of the Boards or your User Page at any time without notice for any reason whatsoever.
You can report forum abuse to the local forum moderator or failing that to the Abuse section of the site via the Contact Page.
Downloads and Installations
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and Monsters and Critics will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from the Monsters and Critics Sites and Services or our third party service providers will create any warranty not expressly stated. Monsters and Critics makes no representation or warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods, or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use of the Services will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (vi) any errors in Monsters and Critics or third party software will be corrected.
The parties have agreed that this Agreement shall be written in English.