Terms of Service: User Agreement
Please read this User Agreement before using this Service. By
continuing to use MonkeyBusinessBlog.com, you agree to abide by the
conditions of this User Agreement.
MONKEYBUSINESSBLOG.COM SERVICE USER
AGREEMENT
1. Welcome to MonkeyBusinessBlog.com (“MBB”, “Service” or
“we”). By using this Service, you agree to be bound by all of
the terms of this Agreement (the “User Agreement”). We reserve the
right to change the terms of this User Agreement or to modify any
features of this Service at any time without notice, and you agree to
be bound by such changes. Changes to this User Agreement
become a part of this User Agreement and apply as soon as they are
posted. The current version of the User Agreement can be viewed at
www.MonkeyBusinessBlog.com. Your use of this Service constitutes your
agreement to all such terms, conditions and policies.
2. MBB reserves the right to modify or discontinue the Service (or any
part thereof), temporarily or permanently, with or without
notice. You agree that MBB shall not be liable to you or any
third party for any modification, suspension or discontinuance of the
Service.
3. This Service (including, without limitation, video and audio
content, text, photographs and graphics) is protected by copyright as a
collective work or compilation under the copyright laws of the United
States and other countries, and MBB has rights therein (subject to the
rights of its licensors and licensees, if any). All individual
articles, videos, content and other elements comprising this Service
also are subject to copyright protection, and MBB has rights therein
(subject to the rights of its licensors and licensees, if any). You
agree to abide by all additional copyright notices or restrictions
contained in this Service. By posting or submitting content
on or to the Service (whether photographs, videos, text, audio or
otherwise), you are giving MBB, and its affiliates, agents and third
party contractors the right to publish or display such content on the
Service and its affiliated publications (in the form submitted or in
the form of an adapted or derivative work), to store and to distribute
such content and to use it for marketing and promotional purposes.
Without limiting the foregoing, in the absence of a written agreement
with MBB to the contrary, you agree that MBB may, or may permit users
to, based solely on functionality provided and enabled by the MBB
website, compile, re-edit, adapt or modify your video submission, or
create derivative works from your video submission, either in
combination with other video submissions or on a stand-alone basis, and
you shall have no rights with respect thereto and MBB or its licensees
shall be free to display and publish the same (as so re-edited,
adapted, modified, compiled, or derived) for any period.
You shall be solely responsible for your own submissions and the
consequences of posting or publishing them. In connection
with each of your submissions, you affirm, represent, and/or warrant
that: (i) you own or have the necessary rights, licenses, permissions
and consents to use and to authorize MBB to use all copyright,
trademark or other proprietary rights in and to any and all such
submissions so that such submissions may be used in the manner
contemplated by MBB and this User Agreement; and (ii) you have the
written release, permission and/or consent of each and every
identifiable person in such submissions to use such identifiable
person’s name or likeness so that such submissions may be used in the
manner contemplated by MBB and this User Agreement. In furtherance of
the foregoing, you agree that you shall not: (i) submit any material
that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights,
unless you own such rights or have permission from the rightful owner
to post the material and to grant MBB all of the rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage MBB or
any third party; (iii) submit material that is unlawful, libelous,
defamatory, obscene, threatening, pornographic, hateful, harassing,
ethnically or racially offensive, or encourages conduct that would be
considered a criminal offense, violate any law, give rise to civil
liability, or is otherwise inappropriate; or (iv) post solicitations of
business or advertisements.
MBB reserves the right to remove or not publish submissions with or
without prior notice.
4. If you are a copyright owner or the agent of copyright owner and you
believe that any content on the Service (whether user content or
otherwise) infringes upon the copyright you own or represent, please
submit notice, pursuant to the Digital Millennium Copyright Act (17
U.S.C. § 512(c)) to our Copyright Agent at
BenSalzProductions@yahoo.com
with the following information: (i) an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright; (ii) a description of the copyrighted work that you claim
has been infringed; (iii) the URL of the location containing the
material that you claim is infringing; (iv) your contact information,
including address, telephone number, and email address; (v) a statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; (vi) a
statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
(Please note that for security reasons attachments may not be accepted
at the foregoing email address for security reasons. Accordingly, any
notification of infringement submitted electronically with an
attachment may not be received or processed.) If you wish to
speak with our Copyright Agent, please contact him or her at
212-750-0363.
5. (a) Unless expressly permitted, you may not copy, distribute,
reproduce, publish, enter into a database, perform, display, create
derivative works, modify, transmit, or in any way exploit any part of
this Service, except as permitted under the last sentence of this
Section 5(a) and except that you may make one print copy that is
limited to occasional articles of personal interest only. Without
limiting the generality of the foregoing (but subject to the last
sentence of this Section 5(a)), you may not distribute any part of this
Service over any network, including, without limitation, a local area
network, nor sell or offer it for sale. In addition, these files may
not be used to construct any kind of database. Just as MBB from time to
time excerpts materials from other sources in order to support the
various commentaries and writings contained herein, we respect the
right of others to make “fair use” of the materials contained on MBB;
accordingly, you may from time to time excerpt and use materials set
forth on this site, provided, that you must give the original author
credit and such use must be for a non-commercial purpose only and not,
for example, for re-sale.
(b) We are concerned about the integrity of our Service when it is
viewed in a setting created by a third party that includes advertising
or other materials that we have not authorized to be displayed in
conjunction with our Service. Neither you nor any third party shall
make use of the contents of the Service in any manner that constitutes
an infringement of our rights, including without limitation copyright,
or that has not been authorized by us.
6. You agree to indemnify and hold harmless MBB and its affiliates, and
their respective members, shareholders, directors, officers, employees,
managers, agents, licensors and licensees, from and against all
damages, losses, expenses and costs, including reasonable attorneys’
fees, resulting from your violation of this Agreement. We reserve the
right to take over the exclusive defense of any claim for which we are
entitled to indemnification under this Section. In such event, you
shall provide us with such cooperation as we reasonably request.
7. THIS SERVICE IS AVAILABLE “AS IS.” WE DO NOT MAKE ANY
REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS,
TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE
OR AVAILABLE THOUGH LINKS IN THIS SERVICE. WE DO NOT WARRANT
THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE
DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS,
INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE. WE DO
NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT
ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE. WE RESERVE
THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE.
WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY
BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE
FEATURES AS VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE
MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO
SUCH FEATURES. IF YOU RELY ON THIS SERVICE AND ANY MATERIALS AVAILABLE
THROUGH THIS SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
THIS SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES,
AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET
DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY MBB OR BY
THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS
SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC
DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH
CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR
YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY
PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR
INVESTMENT ADVICE AND MBB DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY
SECURITY OR INVESTMENT. ANY INFORMATION CREATED BY
THIRD PARTIES THAT YOU MAY ACCESS ON THE SERVICE OR THROUGH LINKS IS
NOT ADOPTED OR ENDORSED BY MBB AND REMAINS THE RESPONSIBILITY OF SUCH
THIRD PARTIES.
8. We are not responsible for the availability or content of other
services that may be linked to this Service. Because we have no control
over such services, you acknowledge and agree that we are not
responsible for the availability of such external services and that we
do not endorse and are not responsible or liable for any content,
quality, accuracy, advertising, products or other materials on or
available from such services. You further acknowledge and agree that
MBB shall not be responsible or liable, directly or indirectly, for any
loss or damage caused or alleged to be caused by or in connection with
reliance on or the use of any content, goods or services available on
or through such services.
9. MBB and its affiliates, and their respective members, shareholders,
directors, officers, employees, managers, agents, licensors and
licensees are not liable for incidental, consequential, special,
indirect, punitive or exemplary damages of any kind, including, without
limitation, loss of business or loss of data, lost revenues or profits,
in any way related to this Service or for any claim, loss or injury
based on errors, omissions, interruptions or other inaccuracies in this
Service (including, without limitation, as a result of breach of any
warranty or other term of this Agreement). Any claim against us shall
be limited to the amount you paid, if any, for use of this Service.
10. This Agreement may be terminated by either party for any reason at
any time. Sections 3 through 9 of this Agreement shall survive such
termination.
11. This Agreement shall be governed by the laws of the United States
and the State of New York , applicable to agreements made and to be
performed therein without regard to conflict of laws principles . BY
CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS
AGREEMENT.
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