March 2020
This website is operated by XLT Media SAS, registered in the Barranquilla Chamber of Commerce, register 752.131, with Tax Number 901.350.156 – 1 and registered office at Cr 50 # 90 – 61, Barranquilla, Colombia (“Company“).
This page contains important information about your legal rights and obligations when using any of the websites and services belonging to the Company.
Before accessing and using any of the Company’s websites (“Websites“) or services (“Services“), you must read the specific terms of use applicable to the access, browsing and use by the users (“User” or “Users“, as applicable) of the relevant Website/Service (displayed above), as accessing and using any of the Websites or Services implies that you have read and accept to be bound by the terms of use of the relevant Website or Service. We also recommend regularly checking the applicable terms of use as the Company reserves the right to modify these at any time (the date at the beginning of these terms refers to the latest update of these terms, which will be applicable from the date of publication).
If you have any objections regarding the terms of use of the Websites or Services, please refrain from using these.
Should any conflict arise between the content of the terms as they are laid out below and the content of the specific terms of use of each Website or Service (displayed above), the specific terms of use of each Website or Service shall always prevail.
In respect of collection and processing of personal data, the Privacy policy will apply.
1. Registration
In order to use certain Services or download some content, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to the terms of the relevant Website/Service.
The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.
The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company.
The Company may suspend or cancel the User’s account if it considers that the User has breached these terms.
2. Responsability
The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of the terms of the relevant Web Site/Service.
The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these terms.
The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
As way of example and without limitation, the Company shall not be liable for any damages that may result from:
- Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
- Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
- Third-party actions.
- Unavailability of the Website and the Services due to maintenance or software updates.
- Any other event beyond the Company’s direct control.
Save for the company’s wilful misconduct, and those cases in which due to the specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, use of the website and the services is at sole risk of the user and the company shall not be liable for any damage of any kind caused to the user as a result of using the website and/or the services.
The company don´t provide, approve or allow links that redirect to external pages that offer content similar offered on monkicon.com or its websites. If you find links to external pages on contributor content that invite to download content similar to monkicon.com, the company won`t be liable to any dammage or security breach exposition.
Content owned by third parties and offered through Monkicon.com in collaboration with the Company (if any), the Company acts exclusively as the provider of the intermediation service between the third parties offer of content and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by the applicable law.
The Company will make reasonable efforts in order to select keywords and descriptions, as well as the identification of content as exclusively for editorial use or any equivalent expression. However, the company neither warrants nor makes any representation regarding any keyword, title or description; or the identification or lack of identification of any visual content as exclusively for editorial use. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.
3. Intellectual Property
All intellectual property rights over the Website, the Services, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.
Except as expressly authorized under the terms of the relevant Website/Service, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services or its content or any of its parts, is strictly forbidden.
4. Changes and Closure of the Website
The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.
5. General Information
The use of the Website and the Services and the interpretation and application of these terms shall be governed by Colombian Law. Except for those cases in which the applicable law impose a specific jurisdiction, any dispute in connection with these terms shall be resolved by the Courts of Barranquilla (Colombia) and the parties expressly waive any other applicable jurisdiction.
If any provision in these terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these terms shall not be affected in any way.
You may contact the Company for any query or claim via manager@monkicon.com
6. Services Offered
Through the Website, the User can search visual content, like vectors and illustrations, photos and images, PSDs and Photoshop files, vector icons, video contents and recordings (including the corresponding audio) in any format, as well as specific information related to such content.
Content in Monkicon shall be marked with the tag “Created by Monkicon” and Contributors Content shall be marked with the prefix “made by” followed by the Contributor username linked to it’s own profile page, and can be downloaded through the Website.The Service may also offer, in the result of a search completed by the User, content offered by third parties freely available through the Internet (“Third Party Content”).
The Services may offer, in the result of that search, contents owned by the Company (“Content Created by Monkicon), contents owned by third parties offered through the Website (“Content Created by Contributors”). Content Created by Monkicon and Content Created by Contributors shall be hereinafter referred to collectively as the “Content in Monkicon” and can be downloaded through the Website.
Likewise, among the Services offered, Users may also be allowed to upload content to the Website to store, publish and make it available to other Users as Contributors Content. The uploading of contents to the Website shall be done in the terms and following the procedure set out by the Company from time to time.
7. Authorized Use
The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses, clicks, impressions and sessions over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by the Company and the obligation for the User to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking.
The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties, particularly, the owners of the Collaborators Content, the Third Party Content.
The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.
The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.
The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from the Company.
When providing the Services, the Website can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.
8. Content
The Services allow Users to:
- Search for content that may result in Content in Monkicon and download such Content in Monkicon.
- Search for content that may result in Contributor and Third Party Content, where available.
- Upload Contributors Content for its storage, publishing and offer in the Website or through the Services, in the terms and following the procedure set out by the Company from time to time.
If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting the Company as indicated in these Terms or following the instructions provided on the Website for a copyright complaint.
8.1 Contributors Content
Regarding Contributors Content, the Website’s role is limited to completing the search requested by the User and providing such content as a search result with an internal link to the relevant page together with specific related information.
The Company is not the creator of the Contributor Content and does not present itself as owner of such contents. Furthermore, displaying the search result not imply any creative or intellectual relationship or right over the content.
The Company does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Contributor Content resulting of the searches made by the Users. The Contributor Content are the sole responsibility of the Contributor that make them available to the public on Monkicon website.
Any claim from the Users regarding the Contributor Content must be addressed to the relevant Contributor through the respective contact information each Contributor share through Monkicon or the Company websites.
Contributors Contents are offered in the terms stated at the relevant time in the Website (including, without limitation, daily download limits), and its use is allowed in the terms set out or referred to in these Terms, as applicable.
When offering Collaborators Content, the Company acts as a mere intermediary between the User that downloads such content and the collaborator, providing the User with the access and subscription to the Collaborators Content.
The Company makes reasonable efforts in guaranteeing the lawfulness of the Collaborators Content. However, the Company cannot monitor or control all Collaborators Content. Therefore, the User acknowledges and agrees that the Company shall not be responsible for evaluating the originality, the non-infringement of third-party rights or the lawfulness of Collaborator Content and that the Company does not guarantee nor is liable in respect of any such contents, except for those cases expressly provided in the applicable regulations.
8.2 Monkicon Content
Monkicon Content are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.
8.3 Storage and Offer of Collaborator Content
The Company limits itself to solely hosting the Collaborator Content and, therefore, it has no obligation to edit, select, check, or control the Collaborator Content nor does it guarantee, approve or necessarily agree with the Collaborator Content. If you wish to make an enquiry related to the Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact the Company as indicated below.
The Collaborator is responsible for the Collaborator Content provided to the Company for storage, publishing and offering to Users through the Website
8.4 License Agreement for Content in Monkicon
The Company authorizes the User to download and use the Content in Monkicon Content under the terms of this Section (see Section 8 in relation to Contributors Content). The Company and its licensors reserve all rights over the Content in Monkicon not expressly granted in this license to the User.
The Company authorizes the User in a non-transferable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify the Content by Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.
The User may use the Content in Monkicon provided that it:
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- Does not involve collective use;
- The Content in Monkicon is not used in a manner that suggests an association or endorsement by the Company or the Website;
- The Content in Monkicon or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Website;
- Does not resell, assign, transfer or sublicense the Content in Monkicon or any derived work from a specific Content in Monkicon;
- Does not use the Content in Monkicon in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the Content in Monkicon is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element);
- Does not use the Content in Monkicon (totally or partially) in any trademark, logo or part of the same, which may be used by any other means to guarantee or to imply a guaranty of any product and/or service, unless the Content in Monkicon used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original Content in Monkicon or implies a use of the Content in Monkicon as a template or test, and not as a final item or material;
- Does not make any use of the Content in Monkicon which might be considered defamatory, libellous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the Content in Monkicon in a negative light or depicts them in a way that they may find offensive such as the use in pornography, advertisements for escort or similar services, political endorsements, birth control products, and;
Does not make any use of the Content in Monkicon to slander, libel or to vilify a person, race, sex, culture, religion, country, region, town, village or any other place.
When any Content in Monkicon is marked or identified as for editorial use, or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear on the background, the User shall only be entitled to use it for such editorial use. In such cases, the User undertakes not to use that content in any manner that entails advertising, marketing or commercialization of any product or service. The User shall be directly liable and the Company shall not assume any liability as a result of the use for commercial purposes by the User of any Content in Monkicon, which according to this paragraph should be for editorial use only.
The authorization to use the Content in Monkicon shall be free provided that any use of the Content in Monkicon by the User is credited to the Company/Website as stated by the Company from time to time. In order to benefit from the Service or to use the Content in Monkicon without acknowledging the Company/Website, the User must purchase a subscription (hereinafter, the “Subscription”) in the Website and download the Content in Monkicon during the term of any such Subscription. Conditions in Section 9 shall apply to the purchase of the Subscription.
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- It is forbidden for a User to authorize any third parties to use the Content in Monkicon (or any modification of any Content in Monkicon). As an exception to the prohibition, the User may allow third parties to use Content in Monkicon, when each and every of the following conditions are met:
- The third party has professionally instructed the User to produce goods or provide services to it/him/her and the User uses a limited number of items within the specific Content in Monkicon to produce such goods or provide such services to the instructing third party;
- The authorization granted by the User to the third party is in writing and complies with every restriction of the User’s authorization to use the relevant Content in Monkicon and includes, without limitation, a restriction for the third party to distribute, resell or license the relevant Content in Monkicon (i.e. the third party is the final user of the relevant Content in Monkicon);
- None of the contents from Content in Monkicon which are subject to the authorization are used as the main element (because of size, relevance or any other cause; in case of doubt about whether the content is the main element, it shall be deemed as the main element) in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, videogames, advertising spots, audiovisual animations) aimed to be resold by the third party;
- The production of goods or provision of services by the User to the third party is not done by automatic means, it is tailor-made for the third party (and therefore its use is not authorized by the User to any other third party) and requires a specific substantial human intervention from the User in relation to each third party; and
- The User -and not the third party- chooses the specific items within the Content in Monkicon to be used in the production of goods or provision of services for the third party.
When all of the above conditions are met, the User shall be entitled to authorize a third party to use the relevant content from Content in Monkicon. This exception refers only to the prohibition for the User to authorize third parties to use the items in Content in Monkicon without affecting or limiting in any way the remaining conditions of the User’s right to use the Content in Monkicon. Whether the above conditions regarding the exception to the prohibition for Users to authorize third parties to use the Content in Monkicon are met shall be interpreted restrictively so that, in case of doubt, it shall be deemed that the conditions are not met.
The User does not acquire any right as a result of the use of the Monkicon Content. In particular, the User is not authorized to distribute, resell or rent any Content in Monkicon (or any modification of any Content in Monkicon).
The User’s rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using Content in Monkicon and will destroy every copy, whether total or partial, thereof.
9. Conditions for the Subscription
The terms in this Section (“Subscription Terms”) govern any purchase of any Subscription in the Website. When concluding the purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms. For the avoidance of doubt, the Subscription Terms are additional to the Terms which will continue to apply to Users who have acquired a Subscription unless it is expressly provided otherwise in relation to specific provisions in the Subscription Terms.
These Subscription Terms are available to the User before the purchase of the Subscription and may be stored or reproduced on a durable medium.
The Subscription Terms are available in English. In case the User is interested in purchasing any Subscription, it has to follow the instructions available in the Website from time to time.
The Subscriptions available are offered in the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). The Company can modify the Subscriptions offered at any time, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services. The Subscriptions are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the Content in Monkicon (including as third parties, for these purposes, affiliates or entities part of the same group of companies).
The price for the Subscription is stated in US Dollars in the Website and includes, if applicable, the relevant Value Added Tax. The Company is entitled to modify the price for any Subscription at any time. The Company shall apply the price stated in the Website at the time of the submission of the Subscription order by the User.
The User shall pay the Subscription in advance through Paypal or credit/debit card, as stated in the Website. To purchase and pay the Subscription, the User shall follow the instructions stated in the Website. The processing of the payment information and data through Paypal or credit/debit card is made within third-party sites. When ordering any Subscription, the User authorizes the Company to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity. After that, the Subscription shall be in force for the term purchased by the User.
Unless otherwise stated in these Subscription Terms, the Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Subscription before its expiration. The Company shall charge the corresponding price by the same initial payment method. The Company may modify the price for the renewal of the Subscription, provided that the User is informed with, at least, one-month prior notice.
Once the User purchases the Subscription, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.
After the purchase of the Subscription, the User may benefit from the following:
• The Service consisting in using the Content in Monkicon without crediting the Company/Website. The rest of conditions stated or referred to in Sections 3 and 9 shall still be applicable.
• Access all contents available in the Website.
• Use the Website without advertisement displaying.
• Not to be subject to the restrictions as to number of content downloads applicable to the Content in Monkicon from time to time, without prejudice to the application of certain restrictions to the number of downloads aimed at preventing a fraudulent or abusive use of the Website. As the content in the Website is digital content, no cancellation right shall apply, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable.
