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Welcome to YourMonkeyShines.com,
an adult online forum provided by:
DPH Socials, Inc. (Shenanigans.net)
E-Mail: admin@yourmonkeyshines.com
By using the YourMonkeyShines.com
Website (the "Website or site") you agree to be bound by the
terms and conditions of this Agreement (the "Terms"), as a
member of the Service (a "Member"), and you agree to be bound
by the Terms for as long as you continue to be a Member and enjoy our
forum. Your membership in YourMonkeyShines.com service is for your personal
use. You may not authorize others to use your membership, and you may
not assign or otherwise transfer your account to any other person or
entity.
Term
This Agreement will remain
in full force and effect while you use the Website and/or are a Member
or until the website/forum no longer exists. YourMonkeyShines.com also
reserves the right to remove any account at anytime for any reason or
no reason to protect our service, employees, and its member base.
Special
Note - Threats:
Any threat posed against
YourMonkeyShines.com, its employees, or its members that includes, but
is not limited to, physical harm or damage, or legal or financial action
being taken, will result in the immediate removal of your account with
no possibility of any refund of unused subscription fees.
Eligibility
You must be twenty one years
old or over to register as a member of YourMonkeyShines.com or use the
Website. Membership in the Service is void where prohibited. By using
and/or viewing this website, you represent and warrant that you have
the right, authority, and capacity to enter into this agreement and
to abide by all of the terms and conditions of this agreement and that
you are at least 21-years old and are interested in and wish to have
access to visual images, verbal and written descriptions and audio sounds
of a sexually oriented, and frankly erotic nature. The materials, which
are available within this website may include video and graphic visual
depictions and descriptions of nudity and sexual activity and should
not be accessed by anyone who is younger than 21-years old or who is
offended by such materials or who does not wish to be exposed to such
materials.
If YourMonkeyShines.com
terminates your membership in the Service because you have breached
the Agreement, or you acted in a manner not within the spirit of the
website or this agreement, you will not be entitled to any refund of
unused subscription fees. Even after membership is terminated certain
provisions of this Agreement will remain in effect.
Non Commercial Use by Members.
The Website is for the personal
use of individual Members only and may not be used in connection with
any commercial or non-commercial endeavors, including, but not limited
to, businesses, organizations, groups, charities, services and/or events.
Organizations, groups, companies, and/or businesses may not become Members
and should not use the Service or the Website for any purpose without
full written content from YourMonkeyShines.com. Illegal
and/or unauthorized uses of the Website, including collecting usernames
and/or email addresses of members by electronic or other means for the
purpose of sending unsolicited email and unauthorized framing of or
linking to the Website will be investigated, and appropriate legal action
will be taken, including without limitation, civil, criminal, and injunctive
redress.
Proprietary Rights in Content on YourMonkeyShines.com
YourMonkeyShines.com owns
and retains all proprietary rights in the Website and the Service. The
Website contains the copyrighted material, trademarks, and other proprietary
information of YourMonkeyShines.com and its licensors. Except for that
information which is in the public domain or for which you have been
given written permission, you may not copy, modify, decompile, reverse
engineer, decode, hack, publish, transmit, distribute, perform, display,
or sell any such proprietary information.
Content Posted on the Website
You understand and agree
that YourMonkeyShines.com may review and delete any content, messages,
photos or profiles (collectively, "Content") that, in the
sole judgment of YourMonkeyShines.com violates this Agreement or which
might be offensive, illegal, or that might violate the rights, harm,
or threaten the safety of Members, or does not comply with the intended
use or spirit of this agreement. This content may be removed with or
without your being notified of such removal. The offending content may
also be edited by YourMonkeyShines.com to comply with this agreement
at the webmasters discretion. In the event an edit is necessary you
also agree to leave such edits in place or face the complete removal
of any and all content posted by you including but not limited to email
messages, profile content, or any and all postings to any area of the
web website.
You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other
Members.
Opinions, advice, statements, offers, or other information or content
made available through the Service, but not directly by YourMonkeyShines.com
are those of their respective authors and not of YourMonkeyShines.com,
and should not necessarily be relied upon. Such authors are solely responsible
for such content. YourMonkeyShines.com does not guarantee the accuracy,
completeness, or usefulness of any information on the service and neither
adopts nor endorses, nor is responsible for the accuracy or reliability
of any opinion, advice, or statement made by parties other than YourMonkeyShines.com.
Under no circumstances will YourMonkeyShines.com be responsible for
any loss or damage resulting from any reliance on information or other
content posted on YourMonkeyShines.com service, or transmitted to YourMonkeyShines.com
members.
By posting Content to any public area of YourMonkeyShines.com you automatically
grant, and you represent and warrant that you have the right to grant,
to YourMonkeyShines.com, an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display, and distribute
such information and content and to prepare derivative works of, or
incorporate into other works, such information and content, and to grant
and authorize sublicenses of the foregoing.
You understand and acknowledge that YourMonkeyShines.com may establish
general practices and limits concerning the use of the Service, including,
without limitation, to the maximum number of days that email messages,
message board postings or other uploaded Content will be retained by
the Service, the maximum number of email messages that may be sent from
or received by an account on the Service, the maximum size of any email
message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on YourMonkeyShines.com,
our servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period
of time. You agree that YourMonkeyShines.com has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that YourMonkeyShines.com reserves the right to remove
accounts that are inactive for 180 days.
The following is a partial list of the kind of Content that is illegal
or prohibited on the Website. YourMonkeyShines.com, reserves the right
to investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without limitation,
removing the offending communication from the Service and terminating
the membership of such violators. It includes Content that:
is patently offensive to the online community, such as Content that
promotes solicitation, racism, bigotry, hatred, or physical harm of
any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming"
promotes information that you know is false (i.e., posting photos that
are not of you), misleading or deceitful (i.e., single posing as a couple
to circumvent a block, creating new accounts to circumvent blocks, etc.)
or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
contains script tags (<script></script>), especially JAVA,
or an overabundance of any code that is likely to, or is designed to
inhibit, lock out, crash or otherwise cause damage to other members'
computers;
contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
provides material that contains, portrays, or exploits people under
the age of 21 in any manner, non-sexual or sexual, non-violent or violent,
or solicits personal information from anyone under 21 years of age.
provides material that exploits animals in a sexual or violent manner;
provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
solicits passwords or personal identifying information for commercial
or unlawful purposes from other users;
and
engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes.
You must use the Service in a manner consistent with any and all applicable
laws and regulations.
You may not include in your Member profile any telephone numbers, street
addresses, last names, URLs or email addresses.
You may not include in your Member profile, or send messages through
YourMonkeyShines.com mail system any information or URL, direct or indirect,
that:
...provides a service or services the same or similar to those offered
by YourMonkeyShines.com, such as picture posting or matchmaking of any
kind,
...requires, encourages or influences the member to sign up for or join
any group, list, web website or service, paid or free
...requires, encourages or influences the member to purchase any type
of product or service
...requires, encourages or influences the member to engage in any illegal
activities or schemes
You may not engage in advertising to, or solicitation of, other Members
to buy or sell any products or services through the Service. You may
not include in your Member profile any advertising, solicitation, or
promotion of any product, business, service or event, for profit or
non-profit. You may not transmit any chain letters or junk email to
other Members. Although YourMonkeyShines.com cannot monitor the conduct
of its Members off the Website, it is also a violation of these rules
to use any information obtained from the Service in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent.
In order to protect our Members from such advertising or solicitation,
YourMonkeyShines.com, reserves the right to restrict the number of emails
which a Member may send to other Members in any 24-hour period to a
number which YourMonkeyShines.com deems appropriate in its sole discretion.
NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
Copyright Policy
You may not post, distribute,
or reproduce in any way any copyrighted material, trademarks, or other
proprietary information without obtaining the prior written consent
of the owner of such proprietary rights. Without limiting the foregoing,
if you believe that your work has been copied and posted on the Service
in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information:
an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
a description of the copyrighted work that you claim has been
infringed;
a description of where the material that you claim is infringing
is located on the Website;
your address, telephone number, and email address;
a written 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;
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.
YourMonkeyShines.com Copyright Agent for notice of claims of copyright
infringement can be reached as follows:
E-Mail: admin@yourmonkeyshines.com
Picture Posting Policy
YourMonkeyShines.com limits
the posting of photos to only those of you, the member(s). The space
provided is for your photos and is intended to show others what you
look like. If people other than you, the member(s), are in the posted
picture, they cannot be the main object or focus of the picture and
you must have their permission to post their likeness. If they previously
granted their permission, but have since changed their mind and retracted
that permission, the pictures must be removed immediately.
The space provided for photos
may also not be used to display banners of any type - especially those
that are commercial, promotional, political, controversial, abusive
or libelous in nature. Humorous cartoons, especially those related to
the lifestyle, are fine as long as they are not all the pictures you
have posted and you post no more than ONE in the first four pictures
that show up in the profile. You are also responsible for any copyright
issues associated with these images.
Photos cannot have any type
of personal contact information on them, including, but not limited
to, phone numbers or web or email addresses on them. Children should
never be depicted in any type of image on this website. Having any child's
image posted on a swingers' website in any way, shape or form is inappropriate
and legal action will be taken against anyone who violates this policy.
Any pictures that do not
conform to these Terms is subject to immediate removal without warning.
Lifetime Memberships
A lifetime membership applies
only to the account for which it was paid upon and is for the lifetime
of YourMonkeyShines.com website. This is not your lifetime or ours.
This means that, as long as the website is in operation, you will have
an account. The Webmaster(s) of this website also reserves the right
to remove the account and terminate the membership of any member who
does not follow the rules of this website. As a lifetime member, you
also agree to keep your account active by visiting the website at least
once within every 180 days. Any account that is inactive for more than
180 days may be removed at the discretion of the Webmaster(s) to insure
that information provided to other members is current.
E-mail Addresses/JAVA/JAVA Script/HTML/URL's/Links
(Direct or Indirect)
All profiles must contain
a current, valid email address. This address is only visible to the
webmaster. Your email address is the only way we have to contact you
should there be a problem with your account or you lose your username
and password. Failure, on your part, to provide a current, valid email
address may cause your profile to be removed. If your profile does not
have a current, valid email address, you may be sent a message asking
you to provide one. If this is not corrected within 48 hours, your account
may be removed at the Webmaster's discretion.
To change or update your
email address, click on the User Control Panel and edit
your profile.
E-mail Addresses/URL's/Links (Direct or Indirect) are NOT allowed in
the essays of your profile. URL's/Links(Direct or Indirect) are NOT
allowed in the messages you send to other members.
JAVA or JAVA Script within the essay portion of your profile is strictly
prohibited. In the event you place Java or Java Script within your essays
the offending content will be removed or if we choose we may remove
the entire profile at our discretion without the possibility of refund.
IFRAME tags, REDIRECTORS, CURSOR replacements, MARKEES and other distructive
HTML is also prohibited within the essays or on-line messaging system
of YourMonkeyShines.com web website.
HTML - is only allowed for the purpose of placing icons or images provided
those images are not for the promotion or selling of products or services.
HTML is also allowed for the purpose of changing font colors as sizes.
Provided these changes do not interfere with the intended purpose of
the pages they are viewed on. HTML table tags may also be used provided
those table tags comply with the current standards in all browsers used
on the internet today. Meaning in the event a tag does not work on a
certain browser this content may be removed at our discretion. Other
HTML tags may be prohibited as well as the ones listed above. In the
event we remove such content you agree to comply with such removal of
content unfit for this web website.
Member Disputes
You are solely responsible
for your interactions with other Members on YourMonkeyShines.com. YourMonkeyShines.com
reserves the right, but has no obligation, to monitor disputes between
you and other Members. If you need to file a complaint about another
member of the Service, open the YOURMONKEYSHINES profile and send a
message to us with your claim. The Webmaster will act in an arbitration
capacity only to resolve the dispute. However, if the Webmaster discovers
that one member or the other, or both, has violated these Terms, their
account(s) may be removed from the Service.
Termination
YourMonkeyShines.com, in
its sole discretion, may terminate your password, account (or any part
thereof) or use of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation:
for lack of use.
Lifetime members must log into the system within 180 days in order
to avoid having their account removed for neglect
If YourMonkeyShines.com believes that you have violated or
acted inconsistently with the letter or spirit of the TERMS
Any threat, real or implied, posed against YourMonkeyShines.com
or any other system owned and operated by us, or its personnel, employees,
or its members made via the Service's mail system, regular email or
through any other media or delivery source
YourMonkeyShines.com, at any time discontinues providing the
Service, or any part thereof, with or without notice;
You agree that any termination
of your access to the Service under any provision of these TERMS may
be effected without prior notice, and acknowledge and agree that YourMonkeyShines.com
may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files
or the Service. Further, you agree that YourMonkeyShines.com shall not
be liable to you or any third-party for any termination of your access
to the Service. While YourMonkeyShines.com reserves the right to remove
your account at anytime for any reason at the webmasters discretion,
of course the reason will be justified if this becomes necessary. However,
YourMonkeyShines.com is under no obligation to provide such justification.
If your account was removed in error or by software or hardware failure
YourMonkeyShines.com will make every effort to get you setup with a
new account as soon as possible. However, you will agree to hold harmless
YourMonkeyShines.com, its officers, directors, employees, agents and
third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys' fees) relating to such account.
If your account has been
removed by us and you receive a notification, in any form, banning you
from returning, you will be bound by this notification, under the terms
of this agreement.
Should you violate this
part of the agreement: You will be subject to a $1000 fine for each
infraction and or violation of this section of the agreement. If you
refuse to pay said fine/fines and YourMonkeyshines.com is forced to
turn you in for collection, you will be liable for any collection agency
fees or other legal fees accrued in regard to our collecting said fine/fines.
You will be subject to any and all applicable laws in the State of Indiana
regarding collections.
Termination Requests
Due to security concerns,
YourMonkeyShines.com will only remove an account at your request provided
you send a letter to us.
The letter must include
all of the following information:
1) Your Full Name
2) Your Full Address
3) Your Username on the website
4) Your Password on the website
5) Your Email address listed in your profile.
Once your letter has been
received and verified by YourMonkeyShines.com we will remove your account
as time allows and at our discretion. You will not receive any confirmation
of your account removal. You, as the user, can verify your account has
been removed by attempting to login to said account.
Any other method of informing
us of your removal request will be rejected.
YourMonkeyShines.com is
under no obligation to remove your account even at your
request. YourMonkeyShines.com may or may not remove your account only
at our discretion.
Your account will not be
removed if in our opinion we do not think the removal request is valid.
Privacy
YourMonkeyShines.com will
keep confidential all information supplied by you to YourMonkeyShines.com,
including credit card number(s), and shall use or disclose such information
only for the purposes for which such information was collected, or as
required by law. All information supplied by you will be kept private
and confidential in all cases except when ordered by a court of law
to disclose any or all information supplied.
Disclaimers
YourMonkeyShines.com is
not responsible for any incorrect or inaccurate Content posted on the
Website or in connection with the Service, whether caused by users of
the Website, Members or by any of the equipment or programming associated
with or utilized in the Service. YourMonkeyShines.com is not responsible
for the conduct, whether online or offline, of any user of the Website
or Member of the Service. YourMonkeyShines.com assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, user or Member communications.
YourMonkeyShines.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of email
or players on account of technical problems or traffic congestion on
the Internet or at any Website or combination thereof, including injury
or damage to users and/or Members or to any other person's computer
related to or resulting from participating or downloading materials
in connection with the Web and/or in connection with the Service. Under
no circumstances will YourMonkeyShines.com be responsible for any loss
or damage, including personal injury or death, resulting from anyone's
use of the Website or the Service, any Content posted on the Website
or transmitted to Members, or any interactions between users of the
Website, whether online or offline. The Website and the Service are
provided "AS-IS" and YourMonkeyShines.com expressly disclaims
any warranty of fitness for a particular purpose or non-infringement.
YourMonkeyShines.com cannot guarantee and does not promise any specific
results, expressed or implied, from use of the Website and/or the Service.
YourMonkeyShines.com cannot guarantee and does not promise that any
Content you post or transmit through the Service is safe from being
copied and/or displayed by another member. We have made it difficult,
but it is not impossible.
Limitation on Liability
Except in jurisdictions
where such provisions are restricted, in no event will YourMonkeyShines.com
be liable to you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including also lost
profits arising from your use of the Web website or the Service, even
if YourMonkeyShines.com has been advised of the possibility of such
damages. Notwithstanding anything to the contrary contained herein,
YourMonkeyShines.com liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to
the amount paid, if any, by you to YourMonkeyShines.com for the Service
during the term of membership.
U.S. Export Controls
Software from this Website
(the "Software") is further subject to United States export
controls. No Software may be downloaded from the Website or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other Country to which
the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
Disputes
If there is any dispute
about or involving the Website and/or the Service, by using the Website,
you agree that the dispute will be governed by the laws of the State
of Indiana without regard to its conflict of law provisions. You agree
to personal jurisdiction by and venue in the state and federal courts
of the State of Indiana, City of Anderson.
Indemnity
You agree to indemnify and
hold YourMonkeyShines.com its subsidiaries, affiliates, officers, agents,
and other partners, webmaster and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorney's fees, made
by any third party due to or arising out of your use of the Service
in violation of this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties set
forth above.
Severability
This Agreement, accepted
upon use of the Website and further affirmed by becoming a Member of
the Service, contains the entire agreement between you and YourMonkeyShines.com
regarding the use of the Website and/or the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.
Refund / Chargeback Policy
In the event you feel it
necessary to request a refund or feel it is necessary to chargeback
your membership fee, please contact us first. We value your business
and will work with you to resolve any issues.
Spam Policy
Anyone found to engage in
any type of spam will be removed from the website without possibility
of refund for any unused time.
Promotions
and Special Offers:
By using this service or
signing up as a member for this service, you agree to allow YourMonkeyShines.com
to submit email messages to you regarding special promotional offers
and other information pertaining to your account. This will not be considered
to be "unsolicited" email because you are using this service.
If you DO NOT AGREE to the TERMS, please do not sign up for an account.
This document can always be found at http://www.yourmonkeyshines.com
unless otherwise indicated here.
Please contact us with any
questions regarding this agreement before you sign up.
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