(Amended as of 3rd May,2003 ) PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING STORYMONEYBAG.COM's SERVICE (the "Service"). If you are not an adult then we would request you to please read these Terms under the supervision of your Legal Guardians. We assume otherwise that you are an adult who is legally eligible to read these Terms and agree with the same. Schools encouraging participation of the students below eighteen, have to confirm having read the Terms mentioned below . This is to ensure the security of their wards as well as to ensure that we have proof of having shown and explained the Terms to the students through the school before the student participates. BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing this web site for any reason. "We","ourselves", and "our" refers to ONI ENTERPRISES a company registered in India to conduct the business of Management and Literary Consultancy. The Management Consultancy division of ONI ENTERPRISES looks after Recruitment cum Career Consultancy. The Literary Consultancy Division ( STORYMONEYBAG.COM ) looks after the CONSTANT PROMOTION OF THE ART OF STORYWRITING. The communication address for STORYMONEYBAG.COM until further notice remains BD/184,Salt Lake, Kolkata, Wst Bengal, India - 700 064. The E-mail ID is oni@storymoneybag.com The telephone number at our office is 91-33-3219664. 1. Welcome to STORYMONEYBAG.COM the site that is meant for the Constant Promotion of the art of STORY WRITING ! STORYMONEYBAG.COM is a venture of ONI ENTERPRISES as explained above. By registering for/ submitting your story, or using this Service, you agree to be bound by all of these Terms and Conditions and by the USAGE Guidelines posted on the STORYMONEYBAG.COM site ("USAGE Guidelines"). If you do not accept the Terms and Conditions stated here, do not use this Service. We reserve the right to change these Terms and Conditions or to modify any features of this Service at any time. By registering for this Service and/or continuing to use this Service after the posting of notices regarding such changes, you agree to be bound by such changes. 2. You represent that you have read and agree to abide by the USAGE Guidelines and, when visiting other areas of STORYMONEYBAG.COM's services, by the Member Agreement for those areas. Certain areas of this Web site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. 3. This Service (including, but not limited to text, photographs, graphics, video and audio content, and other elements comprising this Service ("Content")) is protected as a collective work or compilation under the copyright laws of India, and the United States. All individual Content items comprising this Service, as well as all software and code included in the Service, are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service. You must not post content that amounts to being equated with Profanity or vulgarity or Pornographic in nature. You shall not post content which is a copy of a previously pulished or copywrited material.You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Content on any copy you make of the Content. 4. a)We immediate effect we shall not charge any participation fee from any child or adult who wishes to participate in the CONSTANT PROMOTION OF THE ART OF STORY WRITING. The Participants can be school children(through their guardians), college students ( both minor and adults ) and other adults. This site is meant to encourage well written short stories( one to nine pages ) , Medium size stories( 10 to 50 pages) and Novels ( above sixty pages) 4 (b)The words 'buy' and 'compensation' here are intentionally equated with 'Prize' or / and 'cash award' and means due compensation for the story submitted to this service and is also referred in many parts of this service as ' Cash Award'. It is by no means a lottery. We do not make any assurances about the chances of any individual writer to be able to qualify for any Cash Award. The decision regards the prize winners would be determined by factors that shall be taken into account from time to time, for example, the quality of writing that can be expected within that specfic group as explained below (School/College/Adults), the minimum number of stories to select from should be available, and the frequency of such Talent Search etc. The Cash award is devided into three categories,namely, ' Platinum', 'Gold' and 'Silver'. Prizes shall be given only to really deserving writing and shall be devided as follows: A ) For School Children/ School Participating/School Encouraging Participation:- Platinum:- $20/- Gold:- $10/- Silver:- $5/- B )College/College Students Participating :- Platinum:- $50/- Gold:- $20/- Silver:- $10/- C )Adults participating as Individuals( not being students of colleges ):- Platinum:- $50/- Gold:- $20/- Silver:- $10/- Participants from India, and it's immediate neighbouring countries have Participation Terms dedicated to them and shall be paid accordingly in Indian Rupees. If from India or it's neighbouring countries please click here - "India & neigbouring country Terms". If not continue to read. You hereby agree that any of these amounts if awarded to you, shall be considered as due compensation for the written material sent by you. The names of the panel of judges who shall make a monthly decision regards the quality of the story submitted shall remain a secret and all attempts to solicit information regards the same shall be in vain. All decisions made by he panel of judges, shall be binding on the participants and no requests for re - analysis shall be solicited / allowed. 4 c)By agreeing to post your content on this service, you automatically agree to abide with all decisions made by the panel with reference to the quality of the story. 4 d)By finally receiving intimation that you shall receive due compensation and then actually receiving due compensation(Cash Award) for any story it is understood that STORYMONEYBAG.COM has decided to buy the same from you, and subsequently, all rights to the said story and variations of the same story written by you shall pass on automatically to STORYMONEYBAG.COM and can be displayed in any media by STORYMONEYBAG.COM, in any manner or form or style, on any future date as it pleases STORYMONEYBAG.COM. You fully understand that you may not submit the same story or it's variations to any other publication or media after you have sent the same to us, unless we decide over a period of seven months that your written material has not qualified for the aforementioned award. You further understand that you may not refuse to receive compensation at the figures mentioned above after you receive an intimation to this effect from our end. 4 e)The name of the story can be changed and modifications to the story can be made, without any reference of the author, after the rights to the story have passed on to STORYMONEYBAG.COM. 4 f) After the rights to the story have passed on to STORYMONEYBAG.COM, it may choose to use , or not to use the name of the author in future publications/ presentations in any form, in any media.. 4 g) By posting content( a short story, a novel, the balance half of an unfinished story, etc) on the public areas of this Service, you are giving STORYMONEYBAG.COM the right to display such content on the Service and its affiliated services and publications and to use such content for promotional and marketing purposes(rest assured that we shall not allow the use of your private details, such as your e-mail ID or telephone number, by anybody else but ourselves). In addition, by registering with/posting content (submitting a story) on this service , you give STORYMONEYBAG.COM the right to release the information provided by you in your registration to prospective buyers for the purpose of enhancing the sale of the stories. You understand and agree that STORYMONEYBAG.COM may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. STORYMONEYBAG.COM will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. For more information on our information collection practices, see our Privacy Policy. 5. (a) Except for content you have posted on the Service(a short story, a novel, the balance half of an unfinished story, etc), you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download Content from this Service for your own personal use as follows: you may, on occasion, make one machine readable copy and/or one print copy of content of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, this service may not be used to construct any kind of database. You shall not copy, adapt the HTML code that STORYMONEYBAG.COM creates to generate its pages or attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the web site. (b) The STORYMONEYBAG.COM service has been specially designed for presentation in a unique format and appearance to our VISITORS. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other Contents that we have not authorized to be displayed with our Service. Therefore, neither you nor any third party shall make use of the Service or its Content in such a manner and you acknowledge and agree that such use constitutes an infringement of our rights, including copyright. (c) Just as STORYMONEYBAG.COM requires visitors to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify us by e-mail at oni@vsnl.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site. 6. (a) The STORYMONEYBAG.COM site may be used only for lawful purposes by individuals seeking employment in the field of creative writing and employers seeking employees in the same field. As one of the conditions of your use of the STORYMONEYBAG.COM's site , you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Service for any purpose or in any manner that is prohibited by these Terms and Conditions, notices or by applicable law. Specifically, without limiting the foregoing, by submitting your writing (story ), you agree that, among other things: you are who you represent yourself to be; the information you are providing is true and correct; you have the absolute right to reproduce, display or transmit the information you are transmitting and it does not violate any third party copyright, trademarks, patents, trade secrets, rights of privacy or publicity, or other intellectual property and it is not defamatory, obscene, threatening, abusive or hateful. (b) Users of our service are prohibited from violating or attempting to violate the security of STORYMONEYBAG.COM, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a Service or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of Service or network security may result in civil or criminal liability. STORYMONEYBAG.COM will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. (c) Users are further prohibited from posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents. (d) Notwithstanding anything to the contrary contained herein, users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this web site other than the search engine and search agents available from STORYMONEYBAG.COM on this web site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). 7. You agree to indemnify and hold harmless STORYMONEYBAG.COM, its EXECUTIVES, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions; the Discussion Guidelines; any rights of another; or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. 8. (a) STORYMONEYBAG.COM acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Content posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, STORYMONEYBAG.COM may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. STORYMONEYBAG.COM has no liability or responsibility to users for performance or nonperformance of such activities. (b) STORYMONEYBAG.COM reserves the right to expel users and prevent their further access to the web site for violating these Terms and Conditions or the law and the right to remove communications which violate these Terms and Conditions. STORYMONEYBAG.COM may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes the information may create liability for STORYMONEYBAG.COM or may cause STORYMONEYBAG.COM to lose (in whole or in part) the services of its ISPs or other suppliers. (c) You understand and agree that STORYMONEYBAG.COM takes no responsibility whatsoever for the activities of story writers or the viewing, purchasing or other practices of prospective buyers (or any of the information posted or downloaded by them from or to this Site). Nothing on the Site shall be deemed to be an endorsement, representation or warranty with respect to any writer or prospective buyer, whether in regard to the Site, products, services, or otherwise (d) STORYMONEYBAG.COM is amongst other things, a venue for prospective buyers to select the best stories and for budding & unsung writers to post creative writing. Stories sent to the Prospective Buyers may not contain certain details that would normally allow direct contact between the Buyer AND the story writer . Advertisements posted by the Prospective Buyer cannot be allowed to provide contact details that make direct contact possible(including E-mail ID and WEB site address)from the Writer's end. You would appreciate that this is so that we shall charge our "Commission or Fee" from the Buyer. Once the Buyer specifically requests us for authors of certain stories, then, STORYMONEYBAG.COM is not involved in the actual transaction between Buyer and Writer. As a result, STORYMONEYBAG.COM has no control over the quality, safety or legality of the jobs / contract(s) offered or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of writers to fulfill specific contracts. In addition, note that there are risks, including but not limited to the risk of physical harm, in dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the web site. Buyers have to pay the "Commission / FEE' , once the story is selected , as per the 'Commission / FeeTerms & Conditions' which shall be provided to the Buyer on request . (e) Because user authentication on the Internet is difficult, STORYMONEYBAG.COM cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants, in the event that you have a dispute with one or more users, you release STORYMONEYBAG.COM (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have Contently affected his settlement with the debtor." (f) You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or Content contained therein placed by you on STORYMONEYBAG.COM. Employers are solely responsible for their postings on the STORYMONEYBAG.COM. (g) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE AND THE INTERNET GENERALLY. THIS SERVICE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY STORYMONEYBAG.COM, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. STORYMONEYBAG.COM EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS SERVICE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER CONTENT ACCESSIBLE FROM THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SERVICE. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US AS THE SERVICE PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR SERVICE. WE MAKE NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY JOB VIA THE SERVICE, NOR ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. (h) STORYMONEYBAG.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION, ADVICE, OPINION, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THE SERVICE OR ANY OTHER CONTENT ACCESSIBLE FROM THE SERVICE. (i) IN NO EVENT SHALL STORYMONEYBAG.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS OF THIS SERVICE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF STORYMONEYBAG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. (j) BECAUSE SOME , COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (k) IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN STORYMONEYBAG.COM's MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 payable in Indian Rupees in India. 9. You will be responsible for a) all charges incurred, if any, while your account is being used including payment for any goods or services, b) all statements made or Contents posted using your account, and c) any liability for harm caused by such statements or Contents. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms and Conditions. You agree to immediately notify STORYMONEYBAG.COM of any unauthorized use of your registration or password. The user shall pay any taxes, except for those based on STORYMONEYBAG.COM's annual net income. 10. STORYMONEYBAG.COM makes no claims that the Contents may be lawfully viewed or downloaded outside of India or the United States. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Web site from outside of India or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the web site, a particular "Legal Notice," or Software License or Content on particular web pages, these Terms and Conditions constitute the entire agreement between you and STORYMONEYBAG.COM with respect to the use of Web site. No changes to these Terms and Conditions shall be made except by a revised posting on this page. 11. This Agreement may be terminated by either party for any reason at any time. Meaning thereby, you may wish to stop supporting the CONSTANT PROMOTION OF THE ART OF STORYWRITING for any reason at any time. Or, we may desist from accepting any further stories from your end. In any of such eventualities, or permutation or combinations thereof, Sections three (3), four (4) seven (7) and eight (8) (f) through (i) of this Agreement shall survive such termination. 12. This Agreement shall be governed by the laws of India, without reference to any conflicts of law principles. |
storymoneybag.com |
TERMS & CONDITIONS FOR PARTICIPATION in our Constant Promotion of the art of STORY WRITING |
(Amended as of 3rd May,2003 ) PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING STORYMONEYBAG.COM's SERVICE (the "Service"). If you are not an adult then we would request you to please read these Terms under the supervision of your Legal Guardians. We assume otherwise that you are an adult who is legally eligible to read these Terms and agree with the same. Schools encouraging participation of the students below eighteen, have to confirm having read the Terms mentioned below . This is to ensure the security of their wards as well as to ensure that we have proof of having shown and explained the Terms to the students through the school before the student participates. BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing this web site for any reason. "We","ourselves", and "our" refers to ONI ENTERPRISES a company registered in India to conduct the business of Management and Literary Consultancy. The Management Consultancy division of ONI ENTERPRISES looks after Recruitment cum Career Consultancy. The Literary Consultancy Division ( STORYMONEYBAG.COM ) looks after the CONSTANT PROMOTION OF THE ART OF STORYWRITING. The communication address for STORYMONEYBAG.COM until further notice remains BD/184,Salt Lake, Kolkata, Wst Bengal, India - 700 064. The E-mail ID is oni@storymoneybag.com The telephone number at our office is 91-33-3219664. 1. Welcome to STORYMONEYBAG.COM the site that is meant for the Constant Promotion of the art of STORY WRITING ! STORYMONEYBAG.COM is a venture of ONI ENTERPRISES as explained above. By registering for/ submitting your story, or using this Service, you agree to be bound by all of these Terms and Conditions and by the USAGE Guidelines posted on the STORYMONEYBAG.COM site ("USAGE Guidelines"). If you do not accept the Terms and Conditions stated here, do not use this Service. We reserve the right to change these Terms and Conditions or to modify any features of this Service at any time. By registering for this Service and/or continuing to use this Service after the posting of notices regarding such changes, you agree to be bound by such changes. 2. You represent that you have read and agree to abide by the USAGE Guidelines and, when visiting other areas of STORYMONEYBAG.COM's services, by the Member Agreement for those areas. Certain areas of this Web site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. 3. This Service (including, but not limited to text, photographs, graphics, video and audio content, and other elements comprising this Service ("Content")) is protected as a collective work or compilation under the copyright laws of India, and the United States. All individual Content items comprising this Service, as well as all software and code included in the Service, are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service. You must not post content that amounts to being equated with Profanity or vulgarity or Pornographic in nature. You shall not post content which is a copy of a previously pulished or copywrited material.You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Content on any copy you make of the Content. 4. a)We immediate effect we shall not charge any participation fee from any child or adult who wishes to participate in the CONSTANT PROMOTION OF THE ART OF STORY WRITING. The Participants can be school children(through their guardians), college students ( both minor and adults ) and other adults. This site is meant to encourage well written short stories( one to nine pages ) , Medium size stories( 10 to 50 pages) and Novels ( above sixty pages) 4 (b)The words 'buy' and 'compensation' here are intentionally equated with 'Prize' or / and 'cash award' and means due compensation for the story submitted to this service and is also referred in many parts of this service as ' Cash Award'. It is by no means a lottery. We do not make any assurances about the chances of any individual writer to be able to qualify for any Cash Award. The decision regards the prize winners would be determined by factors that shall be taken into account from time to time, for example, the quality of writing that can be expected within that specfic group as explained below (School/College/Adults), the minimum number of stories to select from should be available, and the frequency of such Talent Search etc. The Cash award is devided into three categories,namely, ' Platinum', 'Gold' and 'Silver'. Prizes shall be given only to really deserving writing and shall be devided as follows: A ) For School Children/ School Participating/School Encouraging Participation:- Platinum:- $20/- Gold:- $10/- Silver:- $5/- B )College/College Students Participating :- Platinum:- $50/- Gold:- $20/- Silver:- $10/- C )Adults participating as Individuals( not being students of colleges ):- Platinum:- $50/- Gold:- $20/- Silver:- $10/- Participants from India, and it's immediate neighbouring countries have Participation Terms dedicated to them and shall be paid accordingly in Indian Rupees. If from India or it's neighbouring countries please click here - "India & neigbouring country Terms". If not continue to read. You hereby agree that any of these amounts if awarded to you, shall be considered as due compensation for the written material sent by you. The names of the panel of judges who shall make a monthly decision regards the quality of the story submitted shall remain a secret and all attempts to solicit information regards the same shall be in vain. All decisions made by he panel of judges, shall be binding on the participants and no requests for re - analysis shall be solicited / allowed. 4 c)By agreeing to post your content on this service, you automatically agree to abide with all decisions made by the panel with reference to the quality of the story. 4 d)By finally receiving intimation that you shall receive due compensation and then actually receiving due compensation(Cash Award) for any story it is understood that STORYMONEYBAG.COM has decided to buy the same from you, and subsequently, all rights to the said story and variations of the same story written by you shall pass on automatically to STORYMONEYBAG.COM and can be displayed in any media by STORYMONEYBAG.COM, in any manner or form or style, on any future date as it pleases STORYMONEYBAG.COM. You fully understand that you may not submit the same story or it's variations to any other publication or media after you have sent the same to us, unless we decide over a period of seven months that your written material has not qualified for the aforementioned award. You further understand that you may not refuse to receive compensation at the figures mentioned above after you receive an intimation to this effect from our end. 4 e)The name of the story can be changed and modifications to the story can be made, without any reference of the author, after the rights to the story have passed on to STORYMONEYBAG.COM. 4 f) After the rights to the story have passed on to STORYMONEYBAG.COM, it may choose to use , or not to use the name of the author in future publications/ presentations in any form, in any media.. 4 g) By posting content( a short story, a novel, the balance half of an unfinished story, etc) on the public areas of this Service, you are giving STORYMONEYBAG.COM the right to display such content on the Service and its affiliated services and publications and to use such content for promotional and marketing purposes(rest assured that we shall not allow the use of your private details, such as your e-mail ID or telephone number, by anybody else but ourselves). In addition, by registering with/posting content (submitting a story) on this service , you give STORYMONEYBAG.COM the right to release the information provided by you in your registration to prospective buyers for the purpose of enhancing the sale of the stories. You understand and agree that STORYMONEYBAG.COM may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. STORYMONEYBAG.COM will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. For more information on our information collection practices, see our Privacy Policy. 5. (a) Except for content you have posted on the Service(a short story, a novel, the balance half of an unfinished story, etc), you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download Content from this Service for your own personal use as follows: you may, on occasion, make one machine readable copy and/or one print copy of content of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, this service may not be used to construct any kind of database. You shall not copy, adapt the HTML code that STORYMONEYBAG.COM creates to generate its pages or attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the web site. (b) The STORYMONEYBAG.COM service has been specially designed for presentation in a unique format and appearance to our VISITORS. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other Contents that we have not authorized to be displayed with our Service. Therefore, neither you nor any third party shall make use of the Service or its Content in such a manner and you acknowledge and agree that such use constitutes an infringement of our rights, including copyright. (c) Just as STORYMONEYBAG.COM requires visitors to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify us by e-mail at oni@vsnl.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site. 6. (a) The STORYMONEYBAG.COM site may be used only for lawful purposes by individuals seeking employment in the field of creative writing and employers seeking employees in the same field. As one of the conditions of your use of the STORYMONEYBAG.COM's site , you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Service for any purpose or in any manner that is prohibited by these Terms and Conditions, notices or by applicable law. Specifically, without limiting the foregoing, by submitting your writing (story ), you agree that, among other things: you are who you represent yourself to be; the information you are providing is true and correct; you have the absolute right to reproduce, display or transmit the information you are transmitting and it does not violate any third party copyright, trademarks, patents, trade secrets, rights of privacy or publicity, or other intellectual property and it is not defamatory, obscene, threatening, abusive or hateful. (b) Users of our service are prohibited from violating or attempting to violate the security of STORYMONEYBAG.COM, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a Service or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of Service or network security may result in civil or criminal liability. STORYMONEYBAG.COM will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. (c) Users are further prohibited from posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents. (d) Notwithstanding anything to the contrary contained herein, users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this web site other than the search engine and search agents available from STORYMONEYBAG.COM on this web site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). 7. You agree to indemnify and hold harmless STORYMONEYBAG.COM, its EXECUTIVES, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions; the Discussion Guidelines; any rights of another; or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. 8. (a) STORYMONEYBAG.COM acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Content posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, STORYMONEYBAG.COM may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. STORYMONEYBAG.COM has no liability or responsibility to users for performance or nonperformance of such activities. (b) STORYMONEYBAG.COM reserves the right to expel users and prevent their further access to the web site for violating these Terms and Conditions or the law and the right to remove communications which violate these Terms and Conditions. STORYMONEYBAG.COM may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes the information may create liability for STORYMONEYBAG.COM or may cause STORYMONEYBAG.COM to lose (in whole or in part) the services of its ISPs or other suppliers. (c) You understand and agree that STORYMONEYBAG.COM takes no responsibility whatsoever for the activities of story writers or the viewing, purchasing or other practices of prospective buyers (or any of the information posted or downloaded by them from or to this Site). Nothing on the Site shall be deemed to be an endorsement, representation or warranty with respect to any writer or prospective buyer, whether in regard to the Site, products, services, or otherwise (d) STORYMONEYBAG.COM is amongst other things, a venue for prospective buyers to select the best stories and for budding & unsung writers to post creative writing. Stories sent to the Prospective Buyers may not contain certain details that would normally allow direct contact between the Buyer AND the story writer . Advertisements posted by the Prospective Buyer cannot be allowed to provide contact details that make direct contact possible(including E-mail ID and WEB site address)from the Writer's end. You would appreciate that this is so that we shall charge our "Commission or Fee" from the Buyer. Once the Buyer specifically requests us for authors of certain stories, then, STORYMONEYBAG.COM is not involved in the actual transaction between Buyer and Writer. As a result, STORYMONEYBAG.COM has no control over the quality, safety or legality of the jobs / contract(s) offered or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of writers to fulfill specific contracts. In addition, note that there are risks, including but not limited to the risk of physical harm, in dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the web site. Buyers have to pay the "Commission / FEE' , once the story is selected , as per the 'Commission / FeeTerms & Conditions' which shall be provided to the Buyer on request . (e) Because user authentication on the Internet is difficult, STORYMONEYBAG.COM cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants, in the event that you have a dispute with one or more users, you release STORYMONEYBAG.COM (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have Contently affected his settlement with the debtor." (f) You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or Content contained therein placed by you on STORYMONEYBAG.COM. Employers are solely responsible for their postings on the STORYMONEYBAG.COM. (g) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE AND THE INTERNET GENERALLY. THIS SERVICE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY STORYMONEYBAG.COM, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. STORYMONEYBAG.COM EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS SERVICE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER CONTENT ACCESSIBLE FROM THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SERVICE. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US AS THE SERVICE PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR SERVICE. WE MAKE NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY JOB VIA THE SERVICE, NOR ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. (h) STORYMONEYBAG.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION, ADVICE, OPINION, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THE SERVICE OR ANY OTHER CONTENT ACCESSIBLE FROM THE SERVICE. (i) IN NO EVENT SHALL STORYMONEYBAG.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS OF THIS SERVICE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF STORYMONEYBAG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. (j) BECAUSE SOME , COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (k) IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN STORYMONEYBAG.COM's MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 payable in Indian Rupees in India. 9. You will be responsible for a) all charges incurred, if any, while your account is being used including payment for any goods or services, b) all statements made or Contents posted using your account, and c) any liability for harm caused by such statements or Contents. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms and Conditions. You agree to immediately notify STORYMONEYBAG.COM of any unauthorized use of your registration or password. The user shall pay any taxes, except for those based on STORYMONEYBAG.COM's annual net income. 10. STORYMONEYBAG.COM makes no claims that the Contents may be lawfully viewed or downloaded outside of India or the United States. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Web site from outside of India or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the web site, a particular "Legal Notice," or Software License or Content on particular web pages, these Terms and Conditions constitute the entire agreement between you and STORYMONEYBAG.COM with respect to the use of Web site. No changes to these Terms and Conditions shall be made except by a revised posting on this page. 11. This Agreement may be terminated by either party for any reason at any time. Meaning thereby, you may wish to stop supporting the CONSTANT PROMOTION OF THE ART OF STORYWRITING for any reason at any time. Or, we may desist from accepting any further stories from your end. In any of such eventualities, or permutation or combinations thereof, Sections three (3), four (4) seven (7) and eight (8) (f) through (i) of this Agreement shall survive such termination. 12. This Agreement shall be governed by the laws of India, without reference to any conflicts of law principles. |
