Introduction

These Terms and Conditions govern your use of the Monkana website and any digital products, services, content, and materials offered through it. By accessing or using this Website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you must not use this Website.

Intellectual Property Rights

Unless otherwise stated, Monkana and/or its licensors own all intellectual property rights in the Website and the materials published on it. All such rights are reserved.

You are granted a limited, non-exclusive, non-transferable license to access and use the Website and its content for personal and non-commercial purposes only.

Restrictions

You are specifically restricted from:

  • publishing any Website material in any other media without prior written consent;
  • selling, sublicensing, redistributing, or otherwise commercializing any Website material;
  • publicly performing or displaying any Website material;
  • using this Website in any way that is or may be damaging to the Website;
  • using this Website in any way that impacts user access to the Website;
  • using this Website contrary to applicable laws and regulations;
  • engaging in data mining, data harvesting, data extraction, scraping, or similar activities in relation to this Website;
  • using this Website for unauthorized advertising or marketing purposes.

Monkana reserves the right to restrict access to certain areas of the Website at its sole discretion. Any user credentials provided to you must be kept confidential.

Digital Products and Downloads

All products offered through Monkana are digital products delivered electronically and made available for download immediately after successful payment.

By purchasing a digital product, the customer expressly agrees that the performance of the contract begins before the expiration of any applicable statutory withdrawal period. The customer further acknowledges that, by providing such consent and by the commencement of the contract performance, any statutory right of withdrawal may be lost or expire in accordance with applicable consumer protection laws.

Due to the nature of digital products, refunds are generally not available once the digital content has been made available for download, except where mandatory consumer protection laws require otherwise.

Customers are responsible for ensuring that their devices, software, and internet connection are compatible with the purchased digital products. Monkana shall not be liable for technical issues resulting from incompatible systems, user error, or circumstances beyond its reasonable control.

All digital products, including but not limited to templates, guides, downloadable files, documents, graphics, and other digital content, remain the intellectual property of Monkana and are protected by applicable copyright and intellectual property laws.

Unless otherwise expressly stated, the purchase of a digital product grants the customer a personal, non-exclusive, non-transferable license to use the product for private purposes only. Redistribution, resale, sharing, sublicensing, reproduction, modification, publication, or commercial exploitation of any digital product is strictly prohibited without prior written consent from Monkana.

Your Content

In these Terms, “Your Content” means any text, images, audio, video, reviews, comments, or other material you choose to submit or display on this Website.

By submitting Your Content, you grant Monkana a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, and distribute such content for the operation and promotion of the Website.

Your Content must not infringe the rights of any third party. Monkana reserves the right to remove any content at any time without notice.

No Warranties

This Website and all materials provided through it are offered on an “as is” and “as available” basis. Monkana makes no representations or warranties of any kind regarding the Website, its content, or the availability of services.

Nothing on this Website shall be construed as professional, legal, financial, or other advice.

Limitation of Liability

To the fullest extent permitted by law, Monkana shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the Website or any products purchased through it.

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful under applicable law.

Indemnification

You agree to indemnify and hold harmless Monkana from and against any claims, liabilities, damages, losses, costs, and expenses arising out of your breach of these Terms or your misuse of the Website.

Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.

Variation of Terms

Monkana reserves the right to revise these Terms at any time. Updated versions will be published on this Website and become effective upon publication.

Assignment

Monkana may assign, transfer, or subcontract its rights and obligations under these Terms without prior notice. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent.

Entire Agreement

These Terms constitute the entire agreement between Monkana and the user regarding the use of this Website and supersede all previous agreements, understandings, and communications relating to such use.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.

Any disputes arising out of or in connection with these Terms shall be subject to the jurisdiction of the competent courts in Hesse, Germany, unless mandatory consumer protection laws provide otherwise.

 

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
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