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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