Terms of Service and User Agreement

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Terms of Service, User Agreement and Privacy Policy

1. Definitions:

"mandys-pages.com" is an interactive, on-line content publisher operated by MANDYS-PAGES.COM (Amanda Dcosta). ("MANDY’S PAGES") on the World Wide Web of the Internet, consists of information services and content provided by Mandy’s Pages, team and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of Mandy’s Pages. Third Party agents for the sole purpose of entering into a business agreement to advertise goods or services at Mandy’s Pages are hereby referred to as Advertisers.

2. General:

Mandy’s Pages shall have the right at any time to change or discontinue any aspect or feature of Mandy’s Pages, including, but not limited to, content, hours of availability, and additional writing / editorial or advertising services that may be available from time to time.

3. Changed Terms:

Mandy’s Pages shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of Mandy’s Pages, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use.

Changes that may be made are at the sole discretion of Mandy’s Pages. Changes which may be in the form of modifications, additions, deletions or competitions shall be effective upon notice thereof, and may be communicated by any means Mandy’s Pages chooses to.

Any use of Mandy’s Pages by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Privacy Policy:

Mandy’s Pages requires that all Subscribers be identifiable.  For the purpose of eliminating anonymous, fraudulent or multiple accounts, Mandy’s Pages requests Subscribers and Advertisers for personal, private information of any or all of the following: Name, age, gender, email address, physical address, PayPal address, and telephone number. Mandy’s Pages promises not to publicly share, reveal or sell Subscriber’s private information to any Subscriber or third party.

A Subscriber who wishes to contribute content and written material should be of age 18 years and above.   However, Mandy’s Pages is a family-oriented site and may be accessed even by children.

Although Mandy's Pages assures Subscribers and Advertisers to protect their personal details that are submitted,  Mandy's Pages reserves the right to disclose your personally identifiable information as required by law, and when we believe that disclosure is necessary to protect our rights and / or to comply with a judicial proceeding, court order or legal process served on Mandy's Pages. 

Sharing of personal information of Subscriber or Advertiser by Mandy's Pages other than for legal purposes, will be done only with the written consent of Subscribers or Advertiser. 

Sharing of personal information BY Subscriber or Advertiser on any social networking platform like Facebook, Twitter, Linked-in, Google+, etc. is at the sole discretion of the Subscriber, even if the content shared is in respect to content at Mandy's Pages.  Mandy's Pages will not be held liable for such information shared by Subscriber or Advertiser.

Mandy's Pages hosts numerous reference links within the content of articles that are published. However, all external links may or may not be user-friendly, family-oriented or be exactly relevant.  Please be aware that when you click on such links, Mandy's Pages will not be held responsible for the outcome or the privacy policies of the sites owning these links. 

5. Monetary Reimbursement:

Subscribers:

Subscribers are invited to contribute content to be published on Mandy's Pages.

Protected by Copyscape Plagiarism Check

Subscriber will be paid a flat rate of $10 for accepted articles that fall under the Main Menu(excluding blogs, stories,  poems, interviews and posts to the Writer's Corner), and are original and pass through Copyscape. Articles that do not pass the editorial review will not be accepted.  This is effective from November 1, 2012.  

Each original submission once submitted at Mandy's Pages will be exclusive to Mandy's Pages from the date of posting. Mandy's Pages reserves the right to byline an article.  Subscriber hands over exclusive usage rights to Mandy's Pages once an original article is accepted. Subscriber may not make a request for deletion of article once content has been posted  at Mandy's Pages. Subscriber may use a blurb at other sites from content that is at Mandy's Pages and link back to the entire and original content that is at Mandy's Pages. 

All aspects of Mandy’s Pages (including the Author Spotlight, Book Reviews, Literary Lounge and Friday's Stars) are launched with the intent to provide additional web exposure for budding and ambitious writers; and this is precisely the platform upon which Mandy’s Pages is built. Changes to the scope of the site (mandys-pages.com), may be undertaken at any time at the sole discretion of Mandy’s Pages.

Mandy's Pages reserves the right to charge Subscribers (authors and writers) for promotional and marketing services.  Upon payment of services, the author / writer may expect full cooperation from Mandy's Pages' team for services as per payment and contract conditions. 

Advertisers:

Mandy’s Pages invites Advertisers to join Mandy’s Pages. An agreeable contract may be drawn upon in such an event between the Advertiser and Mandy’s Pages.

Advertisers are invited to advertise goods and services at Mandy's Pages.  However such Advertisers may be aware that Mandy’s Pages makes no agreement to monetarily reimburse Advertisers for any material or information that is contributed to Mandy’s Pages.

While Mandy’s Pages make no agreement to monetarily reimburse Subscribers for duplicate content and Advertiser for information shared, Mandy’s Pages will try it's best to assist Subscriber and Advertiser to have a user-friendly experience at Mandy’s Pages and provide an added exposure on the World Wide Web, through the use of Mandy’s Pages.

Subscribers or Advertisers who wish to express their interest in being part of Mandy's Pages may communicate with Mandy's Pages via This email address is being protected from spambots. You need JavaScript enabled to view it..

Mandy's Market

Mandy's Market is an extension of Mandy's Pages.  This is where writing opportunities or jobs will be posted.  Subscriber may submit content that is exclusive to Mandy's Market and such contributed content will not be posted at Mandy's Pages.  Mandy's Pages invites third party publishers to enter into agreeable writing contract at Mandy's Pages.  Upon sale of exclusive and original content to publisher (client), Subscriber of the respective article will be entitled to 65% of article's sale.  15% of the sale will be credited to the editor while 20% will be credited to Mandy's Pages.  

In the event of a sale of article at Mandy's Market, Subscriber agrees to hand over full rights (copyrights and ownership rights) to the client.  If an article does not qualify for a sale, the article will be returned to the Subscriber and Mandy's Pages will not claim any form of rights over the article, nor will the article be posted at Mandy's Pages. 

 


 

6. Equipment:

Subscriber shall be responsible for obtaining and maintaining all cellular, computer hardware, internet facility and other equipment needed for access or to use Mandy’s Pages and all charges related thereto.

7. Disclaimer of Warranty; Limitation of Liability:

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF MANDYS-PAGES.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER MANDYS-PAGES.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT MANDYS-PAGES.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MANDYS-PAGES.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH MANDYS-PAGES.COM.

(B) MANDYS-PAGES.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT MANDYS-PAGES.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL MANDYS-PAGES.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MANDYS-PAGES.COM OR THE MANDYS-PAGES.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MANDYS-PAGES.COM SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON MANDYS-PAGES.COM.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MANDYS-PAGES.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MANDYS-PAGES.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. MANDYS-PAGES.COM, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, MANDYS-PAGES.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

8. Subscriber Conduct:

(A) Subscription, when available, is for ONLY ONE PERSON PER ACCOUNT. Only work created by the subscriber can be posted at Mandy’s Pages.  The Subscriber will ensure and acknowledge that all material contributed is property of the said Subscriber and does not violate any Copyright Infringement Laws, either in the United States of America, India or anywhere else in the world.

Subscriber shall use Mandy’s Pages for lawful purposes only. Subscriber shall not post or transmit through Mandy’s Pages any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Mandy’s Pages' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Mandy’s Pages' discretion restricts or inhibits any other Subscriber from using or enjoying Mandy’s Pages will not be permitted. Subscriber shall not use Mandy’s Pages to advertise or perform any commercial solicitation, outside of advertising agreements with Mandy’s Pages, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Mandy’s Pages.

(B) Mandy’s Pages contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Mandy’s Pages are copyrighted as a collective work under the copyright laws of India.

Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Mandy’s Pages and the copyright owner.

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on Mandy’s Pages any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber.

Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subscriber shall at all times retain all right, title and interest in and to the Subscriber material (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to Mandy’s Pages under this Agreement.

Subscriber is free to grant similar rights to other site and other publishers during and after the Term of this Agreement. By submitting material to any public area of Mandy’s Pages, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Mandy’s Pages the royalty-free, non-exclusive right and license to display such material. Subscriber retains copyright to all content contributed and is permitted to have Subscriber’s own content removed from the site upon prior request. 

9. Editors:

Subscriber shall make a minimum of twenty-five accepted and published written contributions before being considered for the role of editor.  Monetary reimbursement may or may not be agreed upon at the time of acceptance and is subject to change at the sole discretion of Mandy’s Pages without prior notice. 

By accessing and contributing to Mandy’s Pages, each Subscriber agrees to be part of reviews at Mandy’s Pages or agrees to have content reviewed at Mandy’s Pages which is at the sole discretion of Mandy’s Pages.

Subscriber may feel free to contact Mandy’s Pages to have reviews made or suggest subscribers or content for reviews.  However, there is no guarantee that all suggestions may be entertained.

Subscribers may be invited to but are not forced, or held obligated to contribute images, photos, music videos or written content to Mandy’s Pages, unless the Subscriber wishes to do so freely.  Mandy’s Pages will hold the Subscriber responsible for any contributions made in such context.

Mandy’s Pages intends to promote additional online and advertising work of Subscriber that is within the limitations of Mandy’s Pages.

10. Monitoring:

Mandy’s Pages shall have the right, but not the obligation, to monitor the content of Mandy’s Pages, including chat rooms, private messages, images, photo uploads and posts, writing, and forums, to determine compliance with this Agreement and any operating rules established by Mandy’s Pages and to satisfy any law, regulation or authorized government request. Mandy’s Pages shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Mandy’s Pages. Without limiting the foregoing, Mandy’s Pages shall have the right to remove any material that Mandy’s Pages, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

11. Indemnification:

Subscriber agrees to defend, indemnify and hold harmless Mandy’s Pages, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Mandy’s Pages by Subscriber or Subscriber's Account.

12. Termination:

Either Mandy’s Pages or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Mandy’s Pages shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Mandy’s Pages, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of any of the above mentioned Sections shall survive termination of this Agreement.


 

13. Third Party Content:

Mandy’s Pages is a publisher of content supplied by third parties and Subscribers. Accordingly, Mandy’s Pages has total editorial control over such content according to how Mandy’s Pages sees fit. Any opinions, advice, statements, services, offers, or other information or content expressed or made available BY THIRD PARTIES, (including information providers, Subscribers or any other user of Mandy’s Pages), are those of the respective site member(s) or distributor(s) and not of Mandy’s Pages. Neither Mandy’s Pages nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Although every effort will be made to draw on facts and accurate information through the use of reliable references, Mandy’s Pages holds no claims to the accuracy, reliability or safety of the content statement, judgments or opinions provided.  A Subscriber may not argue, defend or take to court material that has been edited by Mandy’s Pages.  Enrolling at Mandy’s Pages automatically makes the Subscriber’s agree to have content and written contributions part of the editing process.

It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Mandy’s Pages, or likewise with contributing material too. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

14. Third Party Sales: 

Mandy’s Pages acts as a venue to allow anyone to offer, sell, and buy goods and services, from anywhere in the world, in a variety of pricing formats, including a fixed price format.  While Mandy’s Pages provides a platform for the advertising of goods and services, Mandy’s Pages is not involved in the actual transactions that happen as a result of transactions through such advertisement.

Mandy’s Pages shall not be held liable for inactive, incorrect, fraudulent, incomplete or suspicious transactions, and neither will Mandy’s Pages be held liable for transaction of online payments through such advertisements.

Likewise, Mandy’s Pages will not be held liable for damaged goods sold, errors, delays or thefts in delivery of goods and also known or unknown reasons for unsatisfactory transactions between Subscriber and Advertiser at Mandy’s Pages. You release Mandy’s Pages from any claims or disputes in reference to all parts of this section, concerning the aforementioned Advertisers.

15.  Miscellaneous:

This Agreement and any operating rules for Mandy’s Pages established by Mandy’s Pages constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The section headings used herein are for convenience only and shall not be given any legal import.

16. Cost:

There is no cost for using the basic services of Mandy’s Pages. Premium services may be available, if deemed fit, via premier memberships, and those areas will be clearly marked. In this regard, Premier members (Subscribers) shall have additional privileges as deemed fit by Mandy’s Pages at the time of such change and announcement. 

17. Copyrights and Copyright Agent:

Mandy’s Pages respects the rights of all copyright holders and in this regard, Mandy’s Pages has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Mandy’s Pages’ Copyright Agent the following information.

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyright 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;

3. 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 us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

5. A statement that the complaining party has 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; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notification:  Upon receiving a Notification, Mandy’s Pages will take reasonable steps to notify you or the other individual (the "Material User") under whose direction the material resides on Mandy’s Pages or any other web site, if applicable, that we have removed or disabled access to such material. If the Material User believes that our removal of or disabling of access to such material was a result of mistake or misidentification, then the Material User should provide our Copyright Agent a counter notification (a "Counter Notification") containing the following information:

               1. A physical or electronic signature of the Material User;

               2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

               3. A statement under penalty of perjury that the Material User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

               4. The Material User's name, address, and telephone number, and a statement that the Material User consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, and that the Material User will accept service of process from the Notifier or his or her agent.

Upon receipt of a Counter Notification, Mandy’s Pages will provide the Notifier with a copy of the Counter Notification. Mandy’s Pages will also inform the Notifier that we will replace the removed material or cease disabling access to it. We will then restore the removed material or cease disabling access to it unless the Notifier has filed an action seeking a court order to restrain the Material User from engaging in infringing activity relating to the material on the Site. The aforementioned responsibilities are required of us in order to comply with the Acts. If the Notifier is you, you hereby agree to provide our Copyright Agent with immediate written notice of the filing of the above action.  

18: General: 

 Entire Agreement and Amendments: This Agreement is the entire agreement between us and supersedes all earlier and simultaneous agreements regarding the subject matter.

Governing Law and Forum:  All claims regarding this Agreement are governed by and construed in accordance with the Laws of India, applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of Law principles, and must be litigated in India, regardless of the inconvenience of the forum, except that we may seek temporary injunctive relief in any venue of our choosing. The parties acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.

No Waivers, Cumulative Remedies:  Our failure to insist upon strict performance of any provision of this Agreement is not a waiver of any of our rights under this Agreement. All of our remedies under this Agreement, at Law or in equity, are cumulative and nonexclusive.

Severability:  If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect our original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions.

Notices:  Communications via a physical postal address for Mandy’s Pages (.com) should be directed to: Amanda Dcosta, Post Box # 815, Ruwi, Oman, 112

Electronic communication may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.

 

  Amanda Dcosta  

  CEO - Founder                                                                                                                                                                                                                     Mandy's Pages

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