SmilingMonk.com is committed to the advancement of knowledge and wisdom among all of its users. We will be relentless in allowing our users the freedom to express themselves and we will strive to be open and honest and provide as much transparency as possible in all of our business operations. We will respect you and we hope that you will respect us and each other.
About your contributions:
We all have something to teach and contribute to each other—please make your videos useful and relevant to the furthering of knowledge.
Please be respectful in all of your postings and interactions with other users.
Please do not use inappropriate language in your video posts, comments, user messages, or user name.
Be patient--users of all ages and abilities may be taking part in the relevant SmilingMonk community.
Please do not partake in any illegal activities in your video posts.
Please don’t be shy. We all have something to teach other, don’t let anyone make you fell less than you are under any circumstances. If you have an idea for a video, please submit it!
Breach of Rules
If we feel your contributions including videos, comments, messages, or other communication have been disrespectful or derogatory, we may remove your video or other communications from the site. We may also delete your account and ban you from the site if your behavior is especially vulgar. Again, we respect you so we expect you to respect us and other users.
Please note that certain activities described on this website may be dangerous. We cannot monitor all of the video content to ensure it is complete and accurate, therefore we rely on the intelligence and diligence of our users to ensure their own safety.
Who owns your contributions?
You DO NOT give up ownership of your videos by posting them on our site. However, by posting your video on SmilingMonk.com you are giving us unlimited license to make it available for viewing and for advertising on SmilingMonk.com or through other media which we use to advertise. In addition, you give other users the right to use the videos for their personal non-commercial use.
Please get a parent’s or guardian’s permission before contributing or taking part in any SmilingMonk community.
The Federal Trade Commission’s (FTC) Children’s Online Privacy Protection Act (COPPA) dictates special regulations for certain types of websites that may be used by children under 13.
Please do not use SmilingMonk.com if you are under the age of 13, this website may contain mature material. There are many other useful websites and resources which can help you learn about the world around you. Please talk to your parents or teachers for more information.
Third Party Websites
Hey, we have to make money too; otherwise we couldn’t afford the server space to host your videos! For that reason there may be banner or other advertising shown on this site. Like many companies we go through an outside affiliate program to provide automated advertising so we can’t guarantee the security, authenticity, or usefulness of these third party sites. Please use these sites at your own discretion. If you have a concern about an advertisement or third party website being vulgar or otherwise inappropriate please contact us at email@example.com.
We require minimal information to create and maintain user accounts (such as your name, e-mail, and username); however, we will never ask for your address, bank account, or other more personal information.
Please know that by posting your video on SmilingMonk.com it will be accessible to millions of people from around the world. In addition, any comments and messages you send will become publicly available and can be collected and used by others.
We do not use any of your personally identifiable information to send commercial or marketing messages without your consent. However, we may use your e-mail address to send messages regarding the SmilingMonk.com website.
HTTP cookies, sometimes known as web cookies or just cookies, are parcels of text sent by a server to a web browser and then sent back unchanged by the browser each time it accesses that server. HTTP cookies are used for authenticating, tracking, and maintaining specific information about users, such as site preferences and the contents. SmilingMonk.com gives you the option to save your logon information for future visits to the site. If you choose to use this option please know the functionality is accomplished using cookies.
Security is very important to us. For that reason we do not ask for any personal information (apart from your personal e-mail address). In addition, we use Secure Socket Layer ("SSL") encryption technology during account creation to ensure your personal data is transferred to our database securely. We also use secure servers to store all data including videos, messages, comments and user information.
Any questions or comments about this policy should be forwarded to firstname.lastname@example.org.
A. The “SmilingMonk Site” is the Website located at http://www.smilingmonk.com and all Content and User Submissions accessed through the SmilingMonk.com domain name together with its related websites.
B. "You" and “you” means you, the user of the SmilingMonk Site and "Your" and “your” shall be interpreted accordingly.
C. "SmilingMonk”, “We”, “we”, “Us”, “us” means Smiling Monk, LLC and "Our" and “our” shall be interpreted accordingly.
D. "User Information" means the personal details, which may be provided by You to Us via the Smiling Monk Site.
E. SmilingMonk is a website that facilitates the submission of videos and other communications between You and other users. The submission of such videos and communications are herein referred to as "User Submissions”.
F. "Content" and "content" means the software, scripts, photographs, graphics, icons, sounds, music, videos, printed work, and features of the SmilingMonk Site and the trademarks, service marks, and logos contained therein, but DOES NOT include User Submissions.
G. "Users" means the users of the Smiling Monk Site collectively and/or individually as the context admits.
H. "Website" means a site on the World Wide Web.
2. Website Location
C. Your use of the SmilingMonk Site will be deemed an acceptance of the terms existing at the time of use including any updates that have been made.
4. Acceptable use of Smiling Monk
A. Content and material on the SmilingMonk Site is provided to You AS IS for your information and personal use only. SmilingMonk makes no guarantees about the timeliness, deletion, delivery to fail, or storage of any User Submissions. In addition, You are responsible for obtaining access to the SmilingMonk Site which may involve Your agreement with Internet Service Providers or other third parties.
B. You agree that any use by You of the SmilingMonk Site shall be in accordance with the following conditions: i)You will not copy, download, distribute, republish, broadcast, transmit in any manner whatsoever, any material on the Smiling Monk Site except for Your own personal non-commercial use unless You have otherwise obtained agreement in writing from Smiling Monk.ii) You will not take any action that affects the functionality, operability, or security of the SmilingMonk Site or causes unreasonable inconvenience, offence or disruption to other users of the site or the SmilingMonk staff.iii) You will not post or otherwise distribute, transmit or in any way make available any disparaging, malicious, slanderous, threatening, objectionable, harmful, pornographic or otherwise illegal material on the SmilingMonk Site. In addition, You will not post or otherwise distribute, transmit or in any way make available any material which would violate or infringe in any way upon Our rights or the rights of other users or any third party (including, but not limited to, intellectual property rights, rights of confidentiality, or rights of privacy). iv) You will not post or otherwise distribute, transmit or in any way make available on the Smiling Monk Site any material, which You do not own unless You have the express permission of the owner of the material.
5. Rules Regarding User Submissions
A. You shall be solely and wholly responsible for Your User Submissions and the consequences of posting or publishing them.
B. In reference to Your User Submissions, You affirm that:
iii) Your User Submission does not contain any material which is copyrighted or otherwise protected by third party intellectual property rights for which You don’t have approval to license.
B. As a User of the SmilingMonk site you are responsible for:
i) Providing complete and accurate information when You sign up for Your user account.
iii) All activity that occurs on Your account.
iv) Notifying SmilingMonk immediately of any breach of security or unauthorized use of your account.
C. As a User of the SmilingMonk site You agree NOT to:
i) Use another user’s account without permission.
ii) Use an automated system to access the SmilingMonk Site in a manner that interacts with the site more frequently than a human can reasonably produce in the same time period using a standard web browser. SmilingMonk grants public search engines permission to use automated systems for the sole purpose of indexing the material of the SmilingMonk Site for the purposes of providing public searches.
iii) Solicit any users of the SmilingMonk site for commercial purposes.
iv) Collect personally identifiable information, account information, User Submissions, or Content from the SmilingMonk Site for commercial or solicitation purposes.
v) Submit any User Submission that contains misrepresentations, fabrication, or falsification or that could harm SimilingMonk or any third party.
vi) Submit any User Submission that is disparaging, malicious, slanderous, threatening, objectionable, harmful, hateful, pornographic or offensive with respect to race, ethnicity, sexual orientation, sex, religion, or disability or is otherwise illegal, inappropriate or encourages illegal or criminal activity.
vii) Impersonate another person or third party in any User Submission.
6. Intellectually Property
A. The Content and material on the SmilingMonk Site is owned by or licensed to SmilingMonk and is subject to applicable copyright laws and other intellectual property rights under United States and foreign laws. Such Content and material includes, but is not limited to, software, scripts, photographs, graphics, icons, sounds, music, videos, printed work, features and the trademarks, service marks, and logos contained therein, but DOES NOT include User Submissions.
B. If any material is used for Your personal non-commercial use, You must retain all copyright and other proprietary notices contained therein.
7. Notification of Copyright Infringement
A. If you are a copyright owner or otherwise an official representative and believe that any User Submission or other Content or material infringes upon your copyrights, you may submit a notification pursuant to section 27 U.S.C. 512 (c)(3) of the of the United States Copyright Law “Elements of Notification” by contacting Us with the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Please submit copyright infringement notifications to SmilingMonk at PO BOX 95174, Seattle, WA 98145-2174. To contact SmilingMonk regarding other questions, comments, concerns, or suggestions please contact us at email@example.com. If you fail to comply with all of the requirements of this Section, your copyright infringement notification may not be valid.
8. User Submission Ownership
A. You, or the third party from who You are licensing the User Submission, retain full ownership and all associated rights and privileges. All licenses, rights, and privileges given by You to other users and SmilingMonk terminate upon Your removal or deletion of the User Submission from the SmilingMonk Site.
B. However, by submitting the User Submission to the SmilingMonk Site:
i) You grant each user of the SmilingMonk Site non-exlusive rights to access Your User Submission using the functionality of the SmilingMonk Site.
ii) You grant each user of the SmilingMonk Site a non-exclusive and royalty-free license to distribute, reproduce, display, and prepare derivative works of Your User Submission using the functionality of the SmilingMonk Site for personal non-commercial use only.
iii) You grant SmilingMonk a non-exclusive and royalty-free license that extends worldwide and is sublicenseable. The said license applies to distribution, reproductions, displays, and preparations of derivative works.
iv) You grant SmilingMonk license and all necessary rights and privileges to promote and distribute each User Submission (or derivative works) submitted to the SmilingMonk Site for use in any media format and through any media channels.
C. SmilingMonk permits you to link to Content and User Submissions on the SmilingMonk Site for personal, non-commercial use only.
D. SmilingMonk provides an embeddable player feature which allows access to some of the Content and User Submissions on the SmilingMonk Site. You may incorporate this feature into your own personal websites for non-commercial use only, provided that you include a prominent link back to the SmilingMonk Site on the pages containing the Embeddable Player.
9. Website Access
11. Disclaimer and Limitation of Liability
A. You understand that when using the SmilingMonk Site, you will be exposed to User Submissions from a variety of sources, and that SmilingMonk is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
B. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, any legal or equitable rights or remedies You have or may have against SmilingMonk with respect thereto, and agree to indemnify and hold SmilingMonk, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the site.
C. You agree that Your use of the SmilingMonk Site shall be at Your own risk. To the fullest extent permitted by applicable state and federal laws, SmilingMonk, and its directors, employees, and agents, disclaim all warranties, express or implied, in connection with the SmilingMonk Site and Your use thereof.
D. SmilingMonk makes no warranties or guarantees about the accuracy or completeness of this site’s Content, User Submission, or any website linked to the SmilingMonk Site and assumes no liability or responsibility for:
i) Errors, mistakes, inaccuracies, representations, omission, or oversights of Content and User Submissions be it inadvertent or purposeful.
ii) The advice, opinions, statements, or recommendations expressed in any User Submissions.
iii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the SmilingMonk Site and any of its Content and User Submissions.
iii) Unauthorized access to or use of the information stored on our secure servers
iv) any malicious pieces of software used to gain unauthorized access, to disable certain features, or to otherwise use the Site in a manner not intended (including, but no limited to viruses, Trojan horses, worms) or any other malicious pieces of software which may be transmitted to or through our Site by a third party.
v) Loss or damage (whether such losses where foreseen, foreseeable, known or otherwise) including: (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the SmilingMonk Site regardless of the form of action.
vi) Product, service, feature, Content, or material offered or provided by a third party that is advertised or hyperlinked through the SmilingMonk Site.
12. Third Party Websites
A. You acknowledge that SmilingMonk does not endorse, own, or control, and is not responsible for, the products, services, features, or material offered or provided by a third party that is advertised or hyperlinked through the SmilingMonk Site.
B. Any transactions or correspondence between You and any third party found on or via the SmilingMonk Site, including payment for products or services and any other dealings and their associated conditions, warranties or representations, are made between You and the third party. As such, We are not responsible or liable for any loss, damage, or other claims of any kind incurred as the result of any such dealings with any such third parties.
C. In addition, SmilingMonk cannot edit, censor or control the material, appearance, products, services, or features of any third party site. We advise You to be aware when you leave the SmilingMonk Site and take necessary precautions when dealing with third parties, including but not limited to, reviewing the terms and conditions of your dealings with any such third party.
A. You agree to indemnify and hold harmless SmilingMonk, its affiliates, partners, officers, directors, employees, agents, licensors from any and all claims, demands, damages, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) due to or arising from:
i) Your use of and access to the SmilingMonk Site.
iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right.
iv) Any claim by a third party that material included in any of your User Submissions caused damage.
14. Ability to Accept Terms of Service
B. The Federal Trade Commission’s (FTC) Children’s Online Privacy Protection Act (COPPA) dictates special regulations for certain types of websites that may be used by children under 13. The SmilingMonk.com Site is not intended for children under the age of 13. Do not use the SmilingMonk Site if you are under the age of 13.
You agree that:
B. Legal Jurisdiction
The failure of SmilingMonk to enforce any right or provision of these Complete Terms of Service does no constitute a waiver of such right or provisions.
D. Account Non-Transferability
You agree that your SmilingMonk account is non-transferable and your user account along with all associated rights and materials terminate upon your death.
F. Statute of Limitations
You aggress that any claim related to these Complete Terms of Service must be filed within 1 year after which claim will be forever null, regardless of any statue or law to the contrary.
SmilingMonk reserves the right to discontinue any aspect of the SmilingMonk Site at any time.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by SmilingMonk without restriction.
17. The Information SmilingMonk Collects
A. User Provided Information
ii) Voluntary Information. You may also voluntarily choose to share personal information in the form of videos You create and upload, messages or comments You post, e-mails You send to SmilingMonk or other Users, or any other information You choose to publish or disseminate. SmilingMonk does not attempt to collect or use any Voluntary Information other than is required to comply with federal, state, and local laws. However, any Voluntary Information You publish or transmit on the SmilingMonk Site may be publicly available to any person who uses SmilingMonk.
B. Cookies Information
Cookies, otherwise known as HTTP cookies or web cookies are packets of text sent by a server to a web browser. Each time the browser accesses that server the text packets are sent back unchanged. This allows for authenticating and maintaining information about users. Such information includes items such as site preferences or shopping cart items on many online retail stores. When you visit the SmilingMonk Site, we may send one or more cookies to your computer. SmilingMonk uses two kinds of cookies—session cookies and persistent cookies. A session cookie is temporary and only remains active until you close your browser. A persistent cookie remains active after you close your browser and is therefore used on subsequent visits to the SmilingMonk Site. You can set your web browser to refuse all cookies or to indicate when a cookie is being sent. However, if you choose to disable cookies on your web browser some features of the SmilingMonk Site may not function properly.
C. Log File Information
SmilingMonk also uses Log Files. This means when you visit the SmilingMonk Site, our servers may record certain information that your web browser sends. This log information may include items such as your web request, browser type, referring / exit pages and URLs, number of clicks, Internet Protocol ("IP") address, domain names, landing web pages, web pages viewed and the order of those pages, the amount of time spent on particular web pages, and the time and date of these events.
18. The Way SmilingMonk Uses Information
A. Any required personally identifiable information you are asked to submit to Us through the SmilingMonk Site, will be recorded and used to operate, maintain and provide the functionality and features associated with the SmilingMonk Site (such features include Your user account and correspondence sent from Us to You).
B. Any voluntary personal information or material that you disclose on the SmilingMonk Site (in the form of videos You create and/or upload, messages or comments You post, e-mails You send to Us or other Users, or any other information You choose to publish or disseminate) becomes publicly available and can be collected and used by others (such use may include, but is not limited to, redistribution throughout the internet or other forms of media) and therefore may be viewed by members of the general public who are not users of the SmilingMonk Site. Also note that Your user name is displayed publicly when you upload videos, send messages, post comments or partake in other forms of publication through the SmilingMonk Site and other Users can use Your user name to contact you or associate Your publications (such as, but not limited to, uploaded videos, messages, and comments) with Your user name.
D. We may use both the required personally identifiable information You provide and certain non-personally-identifiable information sent to the SmilingMonk Site by Your web browser (such as, but not limited to, anonymous User usage data, web cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the SmilingMonk Site and to create new features, functionality, and services by storing, tracking, and analyzing this User usage data.
i) Remember information so that you will not have to re-enter it during your visit or the next time you visit the SmilingMonk Site.
ii) Provide custom, personalized Content and information.
iii) Monitor the effectiveness of our marketing campaigns.
iv) Monitor aggregate metrics such as total number of visitors, pages viewed, etc.
v) Track your entries, submissions, and status in promotions, sweepstakes, and contests.
19. When SmilingMonk Discloses Information
We do not share any personally identifiable information (including your e-mail address) with third party companies or persons for the purpose of sending commercial or marketing correspondence unless you have previously provide consent. We may, from time to time, administer special promotions which you will have the ability to opt-in or opt-out of before any of Your personally identifiable information is shared with third party companies or persons.
B. We may collect and share non-personally-identifiable anonymous information (such as, but not limited to, click-through data, anonymous User usage data, referring pages and browser information) with interested third parties to assist them in analyzing SmilingMonk.com statistics data for the purposes of creating SmilingMonk.com Content or functionality, helping SmilingMonk.com provide services, helping SmilingMonk.com administer promotional activities, or providing other general services to SmilingMonk.com deemed necessary as part of our business operations.
C. We may disclose personally identifiable information and/or non-personally-identifiable information if We believe, in good faith, We are required to do so in order to comply with federal, state, or local law or if asked to do so to assist federal, state, or local government or law enforcement agencies.
20. Privacy Choices
21. Data Security
A. SmilingMonk uses standard technical safeguards (such as data encryption, firewalls, and SSL) to help protect the security of your personal information while in transit to Us and after We have received it. However, note that this is not a guarantee that such information may not be accessed, destroyed or otherwise compromised by breach of any of our safeguards. If such compromise of our safeguards occurs, We no longer have control over the treatment and distribution of this information.
B. If We learn of a security breach, then we will attempt to notify you electronically via either directly to Your SmilingMonk e-mail or to the personal account You used to set up Your User account so that You may take the appropriate protective steps. We may also post a notice on the SmilingMonk Site if a security breach occurs. Depending on the city and/or state in which you reside you may have a legal right to receive a notice of a security breach in writing. To receive a written notification of a security breach, or to revoke your consent from receiving electronic notice, you should notify us at firstname.lastname@example.org.
22. Our Commitment To Childrens' Privacy
A. The Federal Trade Commission’s (FTC) Children’s Online Privacy Protection Act (COPPA) dictates special regulations for certain types of websites that may be used by children under 13.
B. For that reason, SmilingMonk does not knowingly collect or maintain personally identifiable information from persons under 13 years of age. If you are under 13 years of age, then please do not use or access the SmilingMonk Site at any time. If SmilingMonk learns that persons under the age of 13 are using the SmilingMonk Site We will use all methods under our control to prohibit future use of SmilingMonk by such persons. In addition, if SmilingMonk learns that We have unknowingly collecting personally identifiable information of persons under 13 years of age, then SmilingMonk will take the necessary steps to delete this information.
23. International Use
24. In the Event of Merger, Sale, or Bankruptcy
In the event that SmilingMonk is acquired by, merges with, or otherwise transfers ownership or control to a third party(s), We reserve the right to transfer any and all information we have collected from Our Users to said third party(s).
In the unlikely event of Our bankruptcy or similar event affecting our creditors’ rights we may not be to control how information about Our users is used