These Terms of Service (the “Agreement”) is an agreement between you (“user”, “you”) and Monograph ("Monograph", "we", "us", “our”, “site”, “website”) owned and operated by Dixon & Moe, LLC in regards to using the Monograph publishing platform (the “Service”).
IMPORTANT: Monograph is currently in development. You understand and agree that the service may still contain software bugs, suffer disruptions and not operate as intended or designed. Your use of the service at this stage signifies your understanding of and the agreement to participate in the service’s development.
Monograph is a technology company founded by architects with the mission to help every architect build a beautiful website– simply, without any code. We make it easy to grow your firm's online identity with website templates designed for architects, drag-and-drop editing, and industry-tailored SEO. Our goal is to elevate and transform the practice of Architecture through better communicating the value architects bring to clients, the public, and our built environment.
Our Service on https://monograph.io is a paid monthly or annual subscription. Monograph allows you to build your own website using templates and software specifically created for architects to maximize their online presence, marketing efforts and business performance. Once registered with our Service, each account holder will receive his or her own website to publish and post “Content” as defined below. Unless explicitly stated otherwise any new and existing features, documents, tools, and resources that augment or extend the current Service, shall be subject to the Terms of Service.
Acceptance of Terms
Changes to the Terms of Service
We’re constantly working to improve our Service and from time to time we may need to update or change these Terms of Service. We reserve the right to modify, update, and change these Terms of Service at any time without notice or acceptance by you. By continuing to use or access our Service after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Service.
What we own and your
rights to use
What we own
All material and services available on and or provided by or through Monograph and/or Dixon & Moe, LLC, its affiliates, subsidiaries, employees, contractors, agents, licensors, or other commercial partners including but not limited to, software, informational text, documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, instant messaging, functions, files, images or any other materials publicly or privately transmitted are considered “Materials”, owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Rights to use what we own
Monograph hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials to the extent, and only to the extent, necessary to access and use the Services in accordance with the Terms of Service.
As part of the Service we may provide you a sample website which may be populated with sample content provided by us to illustrate how your final site might look (“Sample Content”). You agree that you will not make this Sample Content publicly available and that you will remove all Sample Content from your site before permitting any third party users to access or view your site.
What you provide us
In order to use Monograph you must register to be an account holder with Monograph. You must provide a valid email address, first and last name, and choose a password during the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account.
Rules and engagements upon registration include knowingly certifying that you are at least 13 years of age. Users under the age of 13 are prohibited from using Monograph.
Content is defined as all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials uploaded, posted or stored in connection with your use of the Service (“Content”). You are legally responsible for any and all Content and warrant that you are either the copyright owner of your Content, joint copyright holder, or have legal and valid permission to use copyrighted work contained in your Content.
What this means is when you upload your Content to Monograph you still own it. You do however give us the right to use it in the ways necessary for us to provide our services. For example, to save the image, perform adjustments to, and display it on your site. From time to time we may promote or feature your site on Monograph, use it in promotional or marketing materials, or share it on social media.
Monograph is not responsible for your Content. You hereby grant Monograph a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Service; display, distribute, and promote the Service and hereby represent and warrant that you have all the rights necessary to grant us such license. This license exists only for as long as you continue to be a Monograph user and shall be terminated at the time you cancel or terminate your account with us.
You are responsible for any Content that may be lost or unrecoverable through your use of the Service. We can neither control or review content posted to the Service and as such cannot guarantee the accuracy, integrity or quality of the such content.
If you provide any information that is untrue, inaccurate, infringes on copyright licenses, or if Monograph has reasonable grounds to suspect so, Monograph has the right to suspend or terminate your account and refuse any and all use of the Service to you.
Service cancellation, fees,
Cancellation and Termination
Monograph may terminate or cancel your service without cause, at any time. You are also free to terminate or cancel your service without cause, at any time, by following the cancellation procedures set forth on the website. Upon cancellation of the Service you will no longer have access to your website, and any and all information contained therein may be deleted, locked and or become inaccessible.
Monograph may modify, replace, refuse access to, suspend or discontinue the service, partially or entirely, or add, change and modify prices for all or part of the service for you or for all our users at any time and at our sole discretion. All changes shall become effective upon their posting on the website or by direct communication to you unless otherwise noted. Monograph also reserves the right to withhold, remove and or discard any content, features, or services available as part your account, with or without notice at our sole discretion.
You agree that any termination of your access to Monograph under provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Monograph may immediately deactivate or delete your account, website, and/or all related information and files. We reserve the right to bar any further access to such files and services, and shall not be liable to you or any third-party for any termination of your access to the Service.
Fees and Payment
1. Monograph is a subscription service with some features that require a fee. You may agree to a one (1) month, or twelve (12) month contract with Monograph.
2. You shall pay all applicable fees, as described on the service selected by you.
3. You may upgrade or downgrade your service agreement at the conclusion of one or prior to the beginning of a new agreement.
4. At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly expressed otherwise.
5. If we cannot not renew your contract due to any reasons beyond our control, we reserve the right to close, suspend, delete, block, and or any other form of action enforced and stated or not at the time specific to the renewal of a your subscription.
6. You may cancel or terminate the services without cause by following the cancellation procedures. Fees are always pre-paid and no refunds or reimbursements are obligated to be honored.
7. Only Services and features clearly indicated as "free" or "no charge" are free or without charge.
8. If you registered for a trial use of Monograph, you must decided to purchase the Service within the trial period in order to retain any content that you have posted or uploaded during the trial period. If you elect to not purchase the Service by the end of the trial period, Monograph reserves the right to close, suspend, delete, block, and or any other form of action enforced and stated or not at the time specific to the end of a your trial term.
9. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
10. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
11. Monograph reserves the right to change its prices and at any time.
12. Downgrading your account may cause the loss of content, features, resources, or any previous capacity of your account.
13. Monograph does not accept any liability for such losses.
14. Monograph does not have a refund policy.
Rules you agree to
1. You will not use the Service or Materials to impersonate another person.
2. You will not use the Service or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
3. You will not use the Service or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
4. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Monograph without our express written permission.
5. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
6. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Service or the Materials or that may impact the ability of any Monograph user to access the Service.
7. You will not access the Service through automated methods. The Service may only be used or accessed through an electronic device through manual control at all times.
8. You may not upload digital files larger than 100MB. You also may not build a site with more than 1,000 navigation pages.
9. You may not send messages using the Service which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
10. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Service or Materials by any means other than through the interfaces provided by Monograph.
11. You will not attempt to or actually override any security component included in or underlying the Service or Materials.
12. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Monograph infrastructure.
13. You will not publish Content, or links to Content, that is:
a. Pornographic, sexually explicit, or violent.
b. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
c. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
d. Breaches another’s privacy.
14. You will not publish Content that is SPAM, is machine-generated or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
15. You verify that your country of residence is the same as your billing address.
16. Monograph may determine at its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Service. If Monograph reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
Monograph respects the intellectual property of others, and asks that you do so as well. We will respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). Alleged infringements received will be taken into consideration and we will take appropriate action as required by DMCA. Under appropriate circumstances we will terminate the accounts of repeat copyright infringers. We reserve the right, at our sole discretion, to terminate any account for actual or apparent copyright infringement. If you believe that any material contained in this Site infringes your copyright, please notify Monograph of your copyright infringement claim in accordance with the procedures set forth below.
1. A physical or electronic signature (full name) of the copyright owner or a person authorized to act on their behalf.
2. Your contact information, including name, address, telephone number and email address.
3. Identification of the copyrighted work claimed to have been infringed upon (original work) with clear descriptions of the materials.
4. Identification of the infringing material and information reasonably sufficient to permit Monograph to locate the material on the Service.
5. Include the following statements:
a. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
b. “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Please note that information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content on Monograph.
Deliver this notice, with all items completed, to Monograph’s Designated Copyright Agent:
Attention: Copyright Agent
165 11th Street 2nd Floor
San Francisco, CA 94103
Bad Faith Notices.
Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including, and without limitation, costs and attorney's fees incurred by us or our users, if you knowingly materially misrepresent material or activity that is infringing. If you’re unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney first before filing a notification with us.
Submitting A DMCA Counter-Notification.
To submit a counter-notice, please respond to our original email notification of removal with the following information:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);
2. Your name, address, telephone number and email address.
3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person;
4. A physical or electronic signature with your full name.
5.The following statement:
a."I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
You understand and agree that Monograph, its affiliates and subsidiaries of the service may include advertisements. Your correspondence of any kind and anywhere with the advertisers found on or through Monograph are solely between you and such advertiser. You agree that Monograph shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser on the service.
Monograph does not provide domain registrations or is liable to provide domain support or services.
The Service is provided as is, without warranty. To the fullest extent permitted by law, Monograph makes no warranties, either express or implied, about the Service. Monograph disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Monograph shall create any warranty. Monograph, makes no warranty or representation that the services will meet your specific requirements or expectations, that the service will be timely, uninterrupted or error-free, or be free from viruses or other harmful components.
Limitation of liability
In general, our liability is capped. You expressly understand and agree that Monograph shall not be liable for any 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 pre or post awareness of such damages, and to any theory of liability, whether based on warranty, contract, or negligence resulting from:
1. The use or the inability to use the service.
2. The cost of services or procurement of goods resulting from any goods, data, information, or services purchased, obtained, or messages received entered into through or from the service.
3. Unauthorized access to or alteration of your transmissions or data
4. Statements or Conduct of any third party on the service or any other matter relating to the service.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Monograph, Dixon & Moe, LLC., its subsidiaries, affiliates, officers, director’s, partners, and employees from and against all damages, losses and expenses of any kind. The user is solely responsible for his or her actions when using the service, including but not limited to, costs incurred for all appropriate fees.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so they may not apply to you.
Modifications to Service
Monograph reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Monograph shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. By continuing to use or access the Service after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Service.
If you have any questions regarding these terms, contact as us at firstname.lastname@example.org