MonkeyTrades offers a collection of online resources(referred to henceforth as "the Service") subject to the following TERMS AND CONDITIONS. By using the Service in any way, you are agreeing to act in accordance with the TERMS AND CONDITIONS. In addition, when using certain MonkeyTrades services, you agree to abide by any applicable posted guidelines for all MonkeyTrades services, which may change from time to time. Should you object to any term or condition of the TERMS AND CONDITIONS, any guidelines, or any subsequent modifications thereto or become dissatisfied with MonkeyTrades in any way, your only recourse is to immediately discontinue use of MonkeyTrades. MonkeyTrades has the right, but is not obligated, to strictly enforce the TERMS AND CONDITIONS through self-help, community moderation, active investigation, litigation and prosecution.

We reserve the right, to change, modify or otherwise alter these TERMS AND CONDITIONS at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

Be aware that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that MonkeyTrades does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the MonkeyTrades site and Content available through the Service may contain links to other websites, which are completely independent of MonkeyTrades. MonkeyTrades makes no representation or warranty as to the accuracy, completeness or validity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks relatedto, the use of any Content, that you may not rely on said Content, and that under no circumstances will MonkeyTrades be liable in any way for any Content or forany loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You recognize that MonkeyTrades does not pre-screen or approve Content, but that MonkeyTrades shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TERMS AND CONDITIONS or for any other reason.

The MonkeyTrades site and Content accessible through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of MonkeyTrades, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or suitable before proceeding with any online or offline transaction with any of these third parties.

You concede that MonkeyTrades shall not be accountable or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you recognize and agree that MonkeyTrades is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MonkeyTrades, its owners, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

If you believe that your work has been duplicated in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please inform MonkeyTrades' agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at help@monkeytrades.com

Please provide our Agent with the following Notice:
1. Identify the material on the MonkeyTrades site that you allege isinfringing, with enough detail so that we may locate it on the website;
2. A statement by you that you have a good faith belief that the disputed use is not sanctioned by the copyright owner, its agent, or the law;
3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is exact, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4. Your address, telephone number, and email address; and
5. Your physical or electronic signature.

MonkeyTrades will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

MonkeyTrades has established a Privacy Policy to explain to users how their information is collected, stored and used, which is located at the following web address: http://www.MonkeyTrades.com/privacy_policy

Your use of the MonkeyTrades website or the Service implies acknowledgement ofand agreement to our Privacy Policy. You further recognize and consent that MonkeyTrades may, in its sole discretion, preserve or divulge your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if obligated to do so by law or in the good faith belief that such preservation or divulgence is reasonably necessary to: comply with legal process; enforce the TERMS AND CONDITIONS; respond to claims that any Content violates the rights of third-parties; reply to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of MonkeyTrades, its users or the general public.

You agree not to post, email, or otherwise make available Content:
1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
2. that is pornographic or depicts a human being engaged in actual sexual conduct;
3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. that violates the Fair Housing Act by stating, in any notice or ad forthe sale or rental of any dwelling, a discriminatory preference based onrace, color, national origin, religion, sex, familial status or handicap(or violates any state or local law prohibiting discrimination on thebasis of these or other characteristics);
5. that violates federal, state, or local equal employment opportunitylaws, including but not limited to, stating in any advertisement foremployment a preference or requirement based on race, color, religion,sex, national origin, age, or disability.
6. with respect to employers that employ four or more employees, thatviolates the anti-discrimination provision of the Immigration andNationality Act, including requiring U.S. citizenship or lawfulpermanent residency (green card status) as a condition for employment,unless otherwise required in order to comply with law, regulation,executive order, or federal, state, or local government contract.
7. that impersonates any person or entity, including, but not limited to, a MonkeyTrades employee, or falsely states or otherwise misrepresents your association with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
8. that includes personal or identifying information about another person without that person's explicit permission;
9. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
10. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary associations;
11. thatconstitutes or includes "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
12. that constitutes or contains any form of advertising or solicitation if: posted in areas of the MonkeyTrades sites which are not designated for such purposes; or emailed to MonkeyTrades users who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
13. that includes links to commercial services or web sites, except as permitted in "services";
14. that advertises or sells any illegal service or item which is prohibited or restricted by any applicable law;
15. that contains software viruses or any other computer code, files or programs designed to disrupt, damage or impede the functionality of any computer software or hardware or telecommunications equipment including but not limited to MonkeyTrades' servers and website;
16. thatinterrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
17. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to conceal the origin of Content transmitted through the Service.

Furthermore, you agree not to:
18. contact any person who has requested not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
19. "stalk" or otherwise harass any person;
20. collect personal data about other users for commercial or unlawful use;
21. use automated methods, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless explicitly permitted by MonkeyTrades;
22. post non-local or otherwise unrelated Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
23. post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
24. attempt to obtain unauthorized access to MonkeyTrades' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the MonkeyTrades website;
25. use any type of automated device or computer program that facilitates the submission of postings on MonkeyTrades without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or
26. use any type of automated device or computer program ("flagging tool")that enables the use of MonkeyTrades' "flagging system" or other communitymoderation systems without each flag being manually entered by the personthat initiates the flag (an "automated flagging device"), or use theflagging tool to remove posts of competitors, or to remove posts without agood faith belief that the post being flagged infringes on these TERMS AND CONDITIONS.

A "Posting Agent" is a third-party agent, service, or intermediarythat offers to post Content to the Service on behalf of others. To moderate demands on MonkeyTrades' resources, you may not use a Posting Agent to post Content to the Service without express authorization or license from MonkeyTrades. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express authorization or license from MonkeyTrades.

You recognize and agree that sending unwarranted email advertisements to MonkeyTrades email addresses or through MonkeyTrades computer systems, which is explicitly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of MonkeyTrades computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

We may charge a fee to post Content in some areas of the Service. The feeis an access fee permitting Content to be posted in a designated area.Each party posting Content to the Service is accountable for said Contentand compliance with the TERMS AND CONDITIONS. All fees paid will be non-refundable in theevent that Content is removed from the Service for infringing the TERMS AND CONDITIONS.

You acknowledge that MonkeyTrades may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the regularity with which you may access the Service. You agree that MonkeyTrades has no accountability or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MonkeyTrades reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MonkeyTrades shall not be liable to you or to any third party for any alteration, postponement or discontinuance of the Service.

MonkeyTrades grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MonkeyTrades. A limited exception to (b) is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

MonkeyTrades authorizes you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TERMS AND CONDITIONS, absent express consent granted by MonkeyTrades to do so. You may also create a hyperlink to the home page of MonkeyTrades sites so long as the link does not portray MonkeyTrades, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

MonkeyTrades offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. MonkeyTrades permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'MonkeyTrades' as the source, (d) your use or display does not suggest that MonkeyTrades promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden MonkeyTrades' systems. MonkeyTrades reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service outside the scope of authorized access granted to you by MonkeyTrades immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first acquire a license from MonkeyTrades.

You agree that MonkeyTrades, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MonkeyTrades believes that you have acted inconsistently with the letter or spirit of the TERMS AND CONDITIONS. Further, you agree that MonkeyTrades shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TERMS AND CONDITIONS.

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any replication, alteration, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written approval of MonkeyTrades. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of MonkeyTrades, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although MonkeyTrades does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MonkeyTrades an irrevocable, continuous, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant MonkeyTrades all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or utilization of the Content on the Service by any party for any purpose.

YOU AGREE THAT USE OF THE MONKEYTRADES SITE AND THE SERVICE IS WHOLLY AT YOUR OWN RISK. THE MONKEYTRADES SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MONKEYTRADES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MONKEYTRADES SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MONKEYTRADES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MONKEYTRADES SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE MONKEYTRADES SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MONKEYTRADES DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MONKEYTRADES SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

UNDER NO CONDITIONS SHALL MONKEYTRADES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MONKEYTRADES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MONKEYTRADES SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MONKEYTRADES SITE OR THE SERVICE, FROM INABILITY TO USE THE MONKEYTRADES SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MONKEYTRADES SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MONKEYTRADES SITE OR THE SERVICE OR ANY LINKS ON THE MONKEYTRADES SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MONKEYTRADES SITE OR THE SERVICE OR ANY LINKS ON THE MONKEYTRADES SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

You agree to indemnify and hold MonkeyTrades, its owners, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make obtainable through the Service, your use of the Service, your violation of the TERMS AND CONDITIONS, your breach of any of the representations and warranties herein, or your violation of any rights of another.

The TERMS AND CONDITIONS constitute the complete agreement between you and MonkeyTrades and govern your use of the Service, superseding any prior agreements between you and MonkeyTrades. The TERMS AND CONDITIONS and the relationship between you and MonkeyTrades shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and MonkeyTrades agree to submit to the personal and exclusive jurisdiction of the courts located within New York. The failure of MonkeyTrades to exercise or enforce any right or provision of the TERMS AND CONDITIONS shall not constitute a waiver of such right or provision. If any provision of the TERMS AND CONDITIONS is found by a court of competent jurisdiction to beinvalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS AND CONDITIONS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS AND CONDITIONS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Please report any violations of the TERMS AND CONDITIONS, by flagging the posting(s) for review, or by emailing to: help@monkeytrades.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You recognize and agree that, because damages are often difficult to quantify, if it becomes necessary for MonkeyTrades to pursue legal action to enforce these Terms, you will be liable to pay MonkeyTrades the following amounts as liquidated damages, which you accept as reasonable estimates of MonkeyTrades'damages for the specified breaches of these Terms:

1. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay MonkeyTrades one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
2. If MonkeyTrades institutes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay MonkeyTrades one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access MonkeyTrades in excess of such limits, whichever is higher.
3. If you send unsolicited email advertisements to MonkeyTrades email addresses or through MonkeyTrades computer systems, you agree to pay MonkeyTrades twenty-five dollars ($25) for each such email.
4. If you post Content in violation of the TERMS AND CONDITIONS, other than as depicted above, you agree to pay MonkeyTrades one hundred dollars ($100) for each Item of Content posted. In its sole discretion, MonkeyTrades may elect to issue a warning before assessing damages.
5. If you are a Posting Agent that uses the Service in violation of theTERMS AND CONDITIONS, in addition to any liquidated damages under clause (d), you agree topay MonkeyTrades one hundred dollars ($100) for each and every Item you postin violation of the TERMS AND CONDITIONS. A Posting Agent will also be deemed an agent ofthe party engaging the Posting Agent to access the Service (the"Principal"), and the Principal (by engaging the Posting Agent inviolation of the TERMS AND CONDITIONS) agrees to pay MonkeyTrades an additional one hundreddollars ($100) for each Item posted by the Posting Agent on behalf ofthe Principal in violation of the TERMS AND CONDITIONS.
6. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without MonkeyTrades' express written approval, you agree to pay MonkeyTrades three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay MonkeyTrades' actual damages, to the extent such actual damages can be reasonably calculated. Aside from any other provision of these Terms, MonkeyTrades retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

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