Terms of Use

By using the Website you agree to be legally bound and to abide by these Terms of Use, just as if you had signed an agreement containing these Terms of Use. If you do not comply with these Terms of Use at any time, we may cancel or terminate your access to the Website.

Intellectual Property

MetricMonkey owns or is the licensor of all of the intellectual property rights in and to the Website and the Content. Subject to these Terms of Use, MetricMonkey grants to you a non-exclusive and non-transferable personal license to access and use the Website.

Prohibited Activities

In connection with your use of the Website and/or the Content, you acknowledge and agree that you will not:

Use the Website in any manner that could damage, disable, overburden or impair MetricMonkey’s servers or networks, or interfere with any other user’s use and enjoyment of the Website.
Attempt to gain unauthorised access to any of the Website, accounts, computer systems or networks connected to MetricMonkey through hacking, password mining or any other means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Services.
Transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable which may invade another’s right of privacy or publicity.
Post or transmit any material that contains a virus or corrupted data.
Delete any author attributions, legal notices or proprietary designations on Content.
Violate any applicable local, state, national or international law.
Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of MetricMonkey or any other party.
Manipulate or otherwise display the Website by using framing or similar navigational technology.
Use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

Privacy

A copy of our Privacy Policy is available here.

Links to other sites

Our Website contains links to other sites. Please be aware that we are not responsible for the privacy practices of these other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personal information. Please be aware that we are not responsible for the availability of any linked sites or resources, and do not endorse any content, advertising, products, or other materials, goods or services on or available from any linked sites or resources.

Discussion Forums & Blogs

MetricMonkey may host discussion forums and blogs on the Website. If you do not comply with the Terms of Use you may be expelled from and refused continued access to discussion forums and blogs in the future. Discussion forums and blogs are intended to serve as discussion centres for users. Information posted may come from a number of sources. We take no responsibility and do not endorse the information posted on discussion forums and blogs. We have no editorial control over this content and make no guarantees about its accuracy, completeness, or usefulness.

MetricMonkey has no obligation to monitor any of the content or postings on any discussion forums or blogs on the Website. However, removal of postings is completely at our discretion.

You agree to give us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to reproduce, communicate, edit, adapt or otherwise use your postings to our discussion forums and blogs as we see fit, including the right to sublicense to others at our discretion. You also give us a licence to deal with the postings as necessary to perform technical and administrative functions to operate the website.

You consent to your postings being altered, edited or adapted for use under our licence as we see fit. If you don’t want your posting to be used by us in this way, please don’t post it. Once you have made a posting, you can’t withdraw or retract your licence and consents.

Disclaimer of Warranties

Except as provided by law, the Website is provided ‘as is’ and without any warranty or condition, express or implied. MetricMonkey does not warrant and expressly disclaims that:

Your use of the website and access to and use of all of its tools and features will be uninterrupted, error-free, or secure;
Information obtained on the Website is accurate, reliable, complete or suitable for your purposes; or defects will be corrected.
Any software, services, website or server(s) on which the services and website are hosted are free of viruses or other harmful components.

Your use of the Website and any content or other information or materials provided on or through the Website is entirely at your own risk. You should check the accuracy and completeness of any information you obtain from the Website before using it or relying on it.

Disclaimer of Liability

We are not liable to you or anyone else for any loss, damage, liability, cost or expense suffered in connection with your use of the Website or its Content or any reliance you or anybody else places on any information or Content on the Website.

To the extent that MetricMonkey is unable to disclaim liability as to the truth or otherwise of any information or Content on the Website on which you or anybody else rely to your detriment, it limits the remedy available under these Terms of Use to the correction and resupply of the offending information or Content.

Governing Law & Choice of Forum

These Terms of Use are governed by the laws of the state of New South Wales, Australia. You agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms of Use shall be filed only in the state or federal courts located in New South Wales and that you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.