1. Essence of Agreement. StockMonkeys.com (collectively referred to as " StockMonkeys "), owning and operating the www.StockMonkeys.com Internet Site (the " Site "), offers you a free publishing platform for the purpose of publishing original content and materials in any field of interest, whether in written, visual, audio, video or any other technological form supported by StockMonkeys (the " Original Content" or the "Materials "), under and subject to the terms and conditions set forth in this Agreement.
2. Acceptance of Terms. The actual use of the Site shall be construed as and attest your unconditional, unlimited and unreserved acceptance of the terms and conditions set forth herein, and shall be considered as a binding agreement between you and StockMonkeys and an undertaking on your behalf to comply with the terms and conditions set forth herein (above and hereinafter referred to as the " Agreement ").
3. Compliance Form. . In order to be able to publish any Original Content on the Site you may be required to complete a simple registration process and form, in which you are required to submit your valid email address, certain personal details, Paypal details for the transfer of any Commissions you shall be entitled to receive under this Agreement, and any additional information which StockMonkeys, in its sole discretion, shall deem necessary (the "Compliance Form "). In order for StockMonkeys being able to pay any Commissions you may be entitled to receive under this Agreement, certain personal details must be provided in a full and accurate manner, whether as part of the Compliance Form or any other form StockMonkeys may require to fill in for the purpose of and prior to the payment of the Commissions. You are requested to notify us of any change in any of the details contained in the Compliance Form .
4. Content. You hereby understand, acknowledge, undertake, represent and warrant that any Original Content sent by you with the intention it be published on the Site shall comply with the following requirements: (i) be your original work; (ii) shall have not been previously publicly published, in whole or in part, on the Internet or in any other media (iii) shall not contain any content of any kind whatsoever that is libelous, illegal or infringes any third parties' copyrights; (iii) if any third parties' copyrights are included in the Original Content, the express, unrestricted and unlimited permission of such copyrights owner for the use of such copyrighted materials has been obtained prior to submitting the Original Content; (iv) shall not contain any derogatory, offensive, unlawful, harmful, threatening, vulgar, profane, abusive, harassing, obscene, pornographic, defamatory or tortuous content;
5. Rights Granted . By submitting your Original Content for publication on the Site, you hereby irrevocably and unconditionally grant StockMonkeys, and any of its affiliates (hereinafter also referred to as "StockMonkeys"), a irrevocable, perpetual, unlimited free of charge and exclusive right to publish the Original Content on the Site and/or on other Internet Sites the Original Content shall be referred to by StockMonkeys (hereinafter also referred to as the "Site"), as StockMonkeys shall deem suitable under the terms and conditions of this Agreement, as well as allow I users of the Site to view and further use the Original Content, free of charge, for any such purpose permitted by StockMonkeys, provided such use shall not be for profit generating purposes. Without derogating from the above, StockMonkeys shall be entitled to edit, delete, cutback, rephrase, reproduce, copy, translate, merge, add, use and make use of the Materials, in whole or in part, in any way or manner and at any time, as StockMonkeys shall deem appropriate in its sole discretion.
6. Author's Rights. You shall forfit all authorship and copyrights to the Materials submitted for publication through the website.
7. Writing Guidelines. StockMonkeys may publish, from time to time, writing guidelines for Original Content submitted for publication (such as but not limited to: number of words, use of paragraph headings, structure guidelines, etc.). If such guidelines are published, the Original Content shall be required to comply with such guidelines.
8. Publishing Period. For avoidance of any doubt, StockMonkeys does not undertake to and shall not be obligated to publish any Materials submitted for publication on the Site, nor does StockMonkeys undertake to or shall be obligated to publish any of the Materials on the Site for any minimum or certain period of time.
9. Advertising & Links. You hereby understand, acknowledge and agree that the pages on the Site will contain advertising and promotional materials as well as links to other sites (a " Linked Site "), as shall be determined by StockMonkeys in its sole discretion. StockMonkeys is and shall not be responsible for any content, services, products or goods which appear and/or are advertised on any Linked Site, nor for the availability and functionality of such (" Linked Sites "). StockMonkeys reserves the rights to remove, in its sole and absolute discretion, any and all links which may appear in any Original Content. Without derogating from the above, StockMonkeys will remove from the Materials any links that link/refer to advertisements or any other content of promotional/advertising nature.
11. Anti-Spam/Junk Mail Policy. You undertake, represent and warrant not sending any emails, messages or otherwise communicate with any other users of the Site, which is not wanted or requested by such users. Bulk email messages that will be sent to a group of people who have no desire to receive such messages are forbidden.
12. Fraudulent Use. You undertake, represent and warrant not to, directly or indirectly, by yourself or through any third party, generate in any way or manner, by use of any means of technology, software or otherwise, any increased, artificial or false traffic, usage, viewing, or entrances to any Original Content, advertisements, banners, or other content and materials of any kind in order to, whether for the purpose of increasing you Commission payments or any other purpose.
13. No Employer-Employee Relationships . No employer-employee relations exist or shall exist with StockMonkeys and the use of the Site and/or the submission of Original Content to the site does and shall not create any such relationship.
14. Operation of the Site . StockMonkeys reserves the right to suspend and/or modify the operation of the Site and/or to discontinue or cease, temporarily or permanently the operation of the Site, as it shall deem necessary in its sole discretion. No prior notice shall be required to be given by StockMonkeys with respect to any of the above mentioned events and you shall have no claim whatsoever against StockMonkeys or any of its directors, officer or employees upon such action. The suspension, discontinuation or ceasing of the Site's activity shall not affect your right to payment of Commissions due with respect to such period before the discontinuation of the operation of the site.
15. Termination of Rights . If StockMonkeys shall be in the opinion that you have not complied with the terms and conditions of this Agreement, in whole or in part, StockMonkeys shall be entitled to terminate your right to submit and/or publish Original Content on the Site, and to cancel any registration of your to the Site. Upon the termination of your rights notice shall be sent to you by StockMonkeys. Consequently to and concurrently with the termination of your rights as provided herein, your rights to payment of Commission shall also terminate.
16. Disclaimer. THE USE OF THE SITE IS AT YOUR OWN RISK. StockMonkeys MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, ITS CONTENTS, ANY MATERIALS OR INFORMATION PUBLISHED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE ON THIS SITE. FURTHERMORE, StockMonkeys DOES NOT MAKE ANY WARRANTY AS TO THE ACHIEVEMENT OF ANY EXPECTED RESULT, OUTCOME, CONSEQUENCE OR PURPOSE FROM THE USE OF THE SITE OR ANY OF THE MATERIALS PUBLISHED ON THE SITE.
17. Limitation of Liability. To the fullest extent permitted by the applicable law, StockMonkeys and any of its shareholders, directors, officers or employees shall not be liable for any damages, losses or expenses, direct or indirect, sustained or suffered by you by or as a result of the use of the Site or the Original Content, even where notice of the possibility of incurring such damages, losses or expenses was given.
18. Indemnification. You hereby agree to fully indemnify, defend and hold StockMonkeys, its directors, officers, employees and consultants harmless, immediately on demand, from and against any and all clai ms , liabilities, damages, losses, costs, and expenses, arising out of your use of the Site and the breach of any of the provisions of this Agreement by you.
19. Governing law. The provisions of this Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of the United States. You hereby irrevocably agree that the competent courts in the United States shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning this Agreement and any matter arising with respect thereto.
20. Entire Agreement. The terms and conditions of this Agreement shall constitute the entire agreement with respect to your use of the SITE, whether your Original Content is submitted and published or not. StockMonkeys may change and/or modify this Agreement, and any term and condition thereof, in its sole and absolute discretion, without being required to provide any prior notice of any such change and/or modifications.
21. Waivers. No failure or delay to exercise any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.
22. Absence of Third Party Beneficiaries . No provisions of this Agreement, whether expressed or implied, are intended or shall be construed as conferring upon or giving any third party any rights, remedies or other benefits of any kind whatsoever.
23. Language . This Agreement is in the English language only. Any versions hereof in any other language shall be for accommodation only and shall not be binding upon StockMonkeys .
24. Notices. Any notices to be sent to you by StockMonkeys shall be sent to the email address registered in the Compliance Form, and shall be deemed to have been received within 24 hours. Any notices to be sent by you to StockMonkeys shall be sent to such email address published on the Site, and shall be deemed to have been received within 24 hours.