Advertiser Terms of Use

The Monkey Mashup Advertiser/ Listing Owner Terms of Use

Welcome to The Monkey Mashup! The following terms and conditions (the “Terms of Use” or the “Agreement”) constitute an agreement between You, as an advertiser and/or Listing Owner and The Monkey Mashup (“The Monkey Mashup,” “we,” or “us”), the operator of themonkeymashup.com (the “Site”) and related websites, applications, services and mobile access, and all associated services (collectively, the “Services”).  The Services include, without limitation, a directory website to connect parents to wellness, self-improvement and other types of content, including but not limited to- family support professionals, events, self-help articles, job opportunities, vacation packages, educational courses, self-improvement products, and other content- provided by us, Listing Owners and/or other third parties. In these Terms of Use, we will refer to You and all of Your affiliates, agents, employees, representatives and subcontractors as “You”. Listing Owners, third-party vendors, sponsors or other advertisers who have posted a listing or submitted other content on The Monkey Mashup are collectively referred to in this Agreement as “Listing Owner”.  Unless otherwise stated, all terms and conditions set forth in these Terms of Use that apply generally to Listing Owners also apply to and bind You.

1. What We Agree

The Monkey Mashup, through its Site, makes available directory listings related to parenting, family wellness or life improvement (“Listings”). Individuals using the Site (“Users”) may contact Listing Owners regarding the Listing content, including to potentially initiate services, register for an event, or any questions or remarks they may have about a Listing (“Inquiry”). These Inquiries from Users may be submitted via the Site or other means, such as via direct phone or email contact as provided in your Listing.  In turn, the Site, or The Monkey Mashup, may send You a communication that contains questions about your listing, and any User contact information provided). The information provided on the Site about You will be based on the information you provided in your individual Listing(s) which You may amend from time to time and which We may amend from time to time. 

We do not guarantee to provide You with any specific number of Inquiries, nor do We make guarantees, representations or warranties regarding a User’s level of interest, their desire to initiate or complete services, their ability to pay You, the accuracy of the information Users provide, or that any User may hire You to perform services, nor do We guarantee that You will successfully contact each User.  There will also be other listings in Your expertise on the Site.  We are not involved in, nor do We have any responsibility for Your contracts with Users, their creditworthiness, or any payments to You or any disputes they may have with You, or You may have with a User. 

The Monkey Mashup is free to contract with other Listing Owners as this is not an exclusive contract.

We reserve the right to provide Users with the ability to rate their experience working with You via User Ratings & Reviews. You will also have the ability to solicit and collect Ratings and Reviews from any of Your Users. The Monkey Mashup reserves the right in its sole and exclusive discretion to display or not display Ratings and Reviews on the Site.  

You, other Listing Owners and Users are not screened through a background check, license check, credit check, or any other formal screening procedure. THE MONKEY MASHUP MAKES NO GUARANTEE THAT USERS OR OTHER LISTING OWNERS ARE WHO THEY REPRESENT THEMSELVES TO BE, HAVE A CLEAN CRIMINAL RECORD OR ARE ACTUAL USERS. THE MONKEY MASHUP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY USER OR LISTING OWNER OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.  The Monkey Mashup does not provide direct clinical care, treatment advice, or individual or personal referrals. We supply various search directories to help Users find information and resources they are seeking.   

You may purchase a one-time or subscription listing which includes: Placement in The Monkey Mashup’s directory database which is displayed on the Site (“Directory”). In the event You purchase a listing, Your Listing may appear on the Site in various search results depending on the filters and search terms Users select.  The Monkey Mashup does not make any representations or warranties regarding how often Your listing (including any Ratings or Reviews) will appear or be viewed, or where or on what page of the listing it will appear, or Your conversion rate for impressions or views of Your profile page. 

2. What You Agree

You agree to all terms and conditions of these Listing Owner Terms of Use, The Monkey Mashup Terms of Use, Code of Conduct, Privacy Policy and all other agreements referenced herein and which the parties agree do not require repeating. You also agree as follows: 

1. All information that You’ve included in Your Listing(s) is true and accurate. 

2. You are qualified and capable of competently performing the services, trade, or tasks You set forth in Your Listing(s), including Your Profile Listing(s), and any subsequent amendments You make to Your Listing(s).   

3. You are at least 18 years old and can form legally binding contracts under applicable law. By submitting Your listing(s), You represent and warrant that information provided by You in your listing is true and accurate, and in accordance with local and federal laws.   

4. You are, and at all times will be, properly and fully qualified, (at levels in accordance with applicable industry standards) under all applicable laws and regulations. You will promptly make any such changes on Your Listing if there are any changes to Your licensing, credentials or professional status.

5. You maintain such level(s) of insurance for Your offerings as are reasonable and customary in Your area of Service, both practice and geographic.

6. You understand and agree that You are not in any way affiliated with The Monkey Mashup, and are not a Monkey Mashup independent contractor, employee, joint ventures, partner, or agent. You acknowledge that You set or confirm Your own fees, provide Your own equipment, and determine Your own work schedule. The Monkey Mashup does not control, and has no right to control, the offerings       You provide (including how You provide such offerings) if You are engaged by a User, except as specifically noted herein.

7. You understand and agree that the Listings and Content You submit are accurate in all respects and are not a substitute for healthcare, where applicable. The Monkey Mashup creates no medical professional/patient relationship when You use the Site. 

8. You understand and agree that The Monkey Mashup is not a healthcare provider, and the Site is not intended to be a substitute for professional advice.  All health-related information You submit via the Site and advertising is for informational and communicative purposes only.  You agree not to share any personal health information via the Site.

9. You understand and agree that The Monkey Mashup does not independently verify any professional or personal information provided by You. 

10. Your use of the Site, the Internet, any materials You post or access via our Site and Your conduct online or offline are at Your own risk.

11. If You provide any quotes or terms via The Monkey Mashup, such quotes are provided for informational purposes only. A User cannot contract with You via The Monkey Mashup. In the event a User responds to a quote You provide (or schedules an appointment), such response is merely an indication of the User’s interest in contacting or being contacted by You.      

12. The Monkey Mashup cannot control or guarantee Your receipt of any Inquiries. The Monkey Mashup is not responsible for any Inquiries that are not delivered for any reason. It is Your responsibility to check spam folders and website interfaces for any and all Inquiries. 

13. Depending on the nature of your Listing and your location, various advertising and other laws and regulations may apply to your Listing by government entities, vendors or licensing agencies. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER YOUR LISTING COMPLIES WITH APPLICABLE LAWS, REGULATIONS AND LICENSING BODIES.  It is advisable to consult an attorney to determine your responsibilities in this matter.      

14. If You provide written comments or testimonials about our service or activities, You agree that We shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that We may post and publish Your comments or portions thereof at our sole and exclusive discretion on our Site or in marketing materials including Your name and company or agency, and that You shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that You supply to us or that You upload to our Site, for use and posting on our Site and for use in marketing materials to be presented to Users in online postings, via emails or otherwise to help promote You or Your Listing(s), and that You shall not be entitled to any payments associated with our use of the foregoing. The Monkey Mashup reserves the right, in its sole and exclusive discretion, to review, reject and remove any content that You upload to the Site or Your Listing(s).  You further represent that You have all necessary rights to display any of the logos, service marks, trademarks, and any other content that You upload to our Site, and You represent that You’re uploading for display of any such content, and the use by The Monkey Mashup of such content as contemplated by these Terms of Use, shall not violate any third party’s intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be Your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, You may be authorized during the term of these Terms of Use to use certain marks of The Monkey Mashup’s as necessary to promote Your listing. You are expressly prohibited from registering any trademarks or domain names of The Monkey Mashup.

15. By posting or providing any Content (including Listings) on the Site, You represent and warrant to The Monkey Mashup that You own or have all necessary rights to use the Content, and grant to The Monkey Mashup the rights. The foregoing representation includes but is not limited to a representation and warranty that You own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that You provide. In addition, if You post or otherwise provide any Content that is protected by copyright, You represent that You have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant The Monkey Mashup and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to Your Content on the Site, and on any other websites owned or operated by The Monkey Mashup. Nothing in these Terms of Use shall restrict other legal rights The Monkey Mashup may have to the Content, for example under other licenses. The Monkey Mashup reserves the right to remove or modify Content for any reason, including Content that The Monkey Mashup believes violates these Terms of Use, Monkey Mashup Terms of Use or the Code of Conduct. You further authorize Us, without compensation to You or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, Your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event Your Monkey Mashup account is terminated, or if You remove any Content from Your Monkey Mashup account, The Monkey Mashup and its Users may retain Your Content and may continue to use any of Your Content (pursuant to the license granted above). You acknowledge and agree that any Content You post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, You waive and release and covenant not to assert any moral rights that You may have in any Content posted or provided by You.

16. You acknowledge and agree that all of the Content and information posted on the Site, including but not limited to Listing(s) (excluding any logos or trademarked materials, or other intellectual property of provided by Listing Owners), is the sole and exclusive property of The Monkey Mashup. You acknowledge and agree that You have no right to reproduce, post, publish, display or otherwise use any Content posted on the Site, other than content provided directly by You. You represent and warrant that all of the information You provide to The Monkey Mashup, including any and all information You include on Your Listing(s), is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and You agree that You are liable to The Monkey Mashup for any such damages and will indemnify The Monkey Mashup in the event of any third-party claims against The Monkey Mashup based on or arising from Your violation of the foregoing. The Monkey Mashup is not responsible or liable to You for any comments, ratings or communications of any kind from Users.

17. You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with The Monkey Mashup, any User or other third party, including, but not limited to, disclosing any User Personal Information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to Your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A MONKEY MASHUP INQUIRY (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO THE MONKEY MASHUP AND OTHER MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF THE MONKEY MASHUP. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING USERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL AN INQUIRY (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE MONKEY MASHUP FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.

18. In the event You participate in any promotion whereby The Monkey Mashup promotes an offer or discount related to Your offerings, whether on the Site, via direct mail, or otherwise, You agree to abide by the terms of such offer or discount.

19. By adding a Listing to The Monkey Mashup, and/or by inquiring about other Monkey Mashup products or Services, You are requesting, and You expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of Your contact numbers or addresses, even if You are listed on any federal, state, provincial or other applicable “Do Not Call” list, and even if You have previously opted-out from receiving marketing emails from The Monkey Mashup, in order that We may provide the Services set forth on our site, to service Your account, to reasonably address matters pertaining to Your account or for other purposes reasonably related to our business, including marketing related emails. If a contact number You have provided to us is no longer Your number, You agree to notify us promptly that You can no longer be reached at that number. You represent that You have received, and are authorized to convey to us, the consent of any authorized users on Your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of Your account. 

3. FEES AND PAYMENT

You agree to be bound by the applicable pricing plan (all fees are stated and payable in US dollars) for any and all Listing(s) You submit, or any other subscription offering. You will pay The Monkey Mashup applicable non-refundable fees which may include: (i) Listing Fee, (ii) Subscription Fees; and (iii) any other applicable fees. The Monkey Mashup reserves the right to charge Your credit card for any fees immediately upon receipt of Your credit card information by You or Your representatives.  

1. 1. Listing Fees. You agree that You will pay Monkey Mashup on a per Listing basis. You agree that payment for Listing Fees will be made by The Monkey Mashup initiating an ACH transfer or processing Your credit card. You may view a statement of Your activity on Your Monkey Mashup account.
2. 1. 2. Subscription Fees; Other Recurring Fees.
      For purchases of a subscription membership (monthly, quarterly, or annually), You shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by The Monkey Mashup initiating an ACH transfer or processing Your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
3. 1. AUTOMATIC RENEWAL OF SUBSCRIPTION; After Your initial subscription period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period (each a “Renewal Term”), at the renewal price communicated to You at the time You purchased Your initial subscription (“Renewal Price”), unless The Monkey Mashup provides You with at least thirty (30) advance notice of a change in Your Renewal Price. You agree that Your account will be subject to this automatic renewal feature. If You want to change or terminate Your subscription, You may do so online. If You cancel Your subscription, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires, and You won’t be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, You authorize The Monkey Mashup to charge Your provided payment method now and again at the beginning of any Renewal Term. You also authorize The Monkey Mashup to charge You for any sales or similar taxes that may be imposed on Your subscription payments. Upon the renewal of Your subscription, if The Monkey Mashup does not receive payment from Your payment method or payment method provider, (i) You agree to pay all amounts due on Your account upon demand, and/or (ii) You agree that The Monkey Mashup may either terminate or suspend Your subscription and continue to attempt to charge Your payment method until payment is received.
4. 1. 3. You acknowledge that it is Your responsibility to ensure that the communication methods that You have selected in Your The Monkey Mashup Profile, and all contact and billing information, are kept up-to-date and accurate. The Monkey Mashup is not responsible, or liable, for undelivered User notifications. You agree to promptly notify The Monkey Mashup if Your payment method is canceled (including if You lose Your card or it is stolen), or if You become aware of a potential breach of security (such as an unauthorized disclosure or use of Your payment method). In addition, You authorize us to obtain updated or replacement expiration dates and card numbers for You credit or debit card as provided by Your credit or debit card issuer.
5. 1. 4. Any disputes about charges to Your account must be submitted to The Monkey Mashup in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30-day period, and all such charges will be final and not subject to challenge.
6. 1. 5. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and We may bill You for, and You agree to pay for any and all collection and related litigation fees.
7. 1. 6. No fee is due or payable to the extent such fee is in violation of any applicable law.
8. 1. 7. You authorize The Monkey Mashup to charge You for any sales or similar taxes that may be imposed on Your subscription payments, Listing fees, or any other fees charged by The Monkey Mashup.

4. INDEMNIFICATION

 Listing Owner Indemnification. By agreeing to these Terms, You agree to indemnify, defend and hold harmless The Monkey Mashup from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, malpractice, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys’ fees and court costs, arising in any manner, directly or indirectly, out of or in connection with any claim by a User or third party arising out of (i) materials and content You submit, post or transmit through the Site, (ii) use of the Site or Services by You in violation of these Terms of Use, The Monkey Mashup Terms of Use, Code of Conduct, Privacy Policy or Data Use Policy or in violation of any applicable law, (iii) any violation of any rights of another or harm you may have caused to another; or (iv) any relationship or agreement formed with a User using the Site or Services. You further agree that You will cooperate as reasonably required in the defense of such claims. You further agree to defend and hold harmless The Monkey Mashup from any claim arising from a third party’s use of information or materials of any kind that You post to the Site.

5. COPYRIGHT AND TRADEMARK

See COPYRIGHT AND TRADEMARK under The Monkey Mashup Terms of Use.

6. PRIVACY POLICY AND OTHER STATED RULES 

See PRIVACY POLICY AND OTHER STATED RULES under The Monkey Mashup Terms of Use.

7. LINKS TO THIRD PARTY SITES

See LINKS TO THIRD PARTY SITES under The Monkey Mashup Terms of Use.

8. AMENDMENTS

See AMENDMENTS under The Monkey Mashup Terms of Use.

9. DISCLAIMER

See DISCLAIMER under The Monkey Mashup Terms of Use.

10. DISPUTES/DISCLAIMER

See DISPUTES/DISCLAIMER under The Monkey Mashup Terms of Use.

11. TERMINATION

See TERMINATION under The Monkey Mashup Terms of Use.

12. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS

See THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATION under The Monkey Mashup Terms of Use.

13. AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW

See AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW under The Monkey Mashup Terms of Use.

14. GENERAL PROVISIONS

See GENERAL PROVISIONS under The Monkey Mashup Terms of Use.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE OR PARTICIPATE IN LISTING OWNER SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS OF USE.