INTRODUCTION – Welcome to our Publication Agreement. We look forward to a prosperous relationship with You. This document governs your publications on and use of Our website. You must read and consent to this Publication Agreement (hereinafter “Terms; ” “Agreement; ” “Publisher Agreement ”) before You are permitted to access or use Megapersonals as a Publisher. We ask that You read this Agreement carefully, as it impacts Your legal rights. Upon accessing the Site, You have agreed to Our Terms of Use, and by accessing the Site and Services as, or with the intent of acting as, a Publisher, You further agree to the following:

Party Definitions – The operative parties referred to in this Agreement are defined as follows:

What this Agreement is – This Agreement is a legal contract between You and the Company, governing Your activities as a Publisher via the Site and its Services. You should treat it as any other legal contract by reading its provisions carefully, as they will affect Your legal rights. By becoming a Publisher on this Site, You are agreeing to all terms and conditions within this Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and any other services provided by the Company. Nothing in this Agreement is intended to create any enforcement rights by third parties.

Consideration – Consideration for Your assent to the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and Our Services, which includes allowing You to become a Publisher on the Site. You agree that such consideration is both adequate, and that it is received upon Your acceptance of this Agreement.

Electronic Signatures / Assent Required – Nobody is authorized to become a Publisher of this Site, or access the Services provided to Publishers, unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is acceptable and legally binding. You manifest Your agreement to this Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked or will click a button containing the words “I agree” or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You click any link, button, or other device provided to You in any part of Our Site’s interface, then You have legally agreed to OurTerms of Use. Additionally, by using any part of Our Site or Services for promotional purposes and/or as a Publisher, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement. If We discover that You have not validly signed this Agreement, You will be considered an unauthorized Publisher, which constitutes a material breach of this Agreement, as well as Our Site’s Terms of Use.

Incorporations by Reference – This Publisher Agreement represents the terms and conditions of Our Services for Publishers on the Site, however, additional provisions are hereby incorporated by reference. The document(s) which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:

In the event of any conflict between this Agreement and the incorporated documents, the terms of this Agreement shall control.

Parties are Distinct Entities – Acting as a Publisher does not mean that You are an employee of Company. You are specifically placed on notice that You are not an employee of Company. Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a formal business relationship of any kind. Company and Publisher are completely separate entities, and neither shall be, nor represent themselves to be, a partner, franchiser, franchisee, broker, employee, servant, joint venturer, agent, or representative of the other for any purpose whatsoever. No Party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, another Party or to bind another in any manner or thing whatsoever. The nature of the relationship of the Parties is that of independent contractors.

Communications Pertaining to Site; Services; Publisher Account: We may offer You the ability to receive communication(s) pertaining to the Site, Services, and/or Your Publisher Account via short message service text messaging, or a comparable system. Such text messaging system is part of “Services” as that term is used in this Agreement. Should You wish to access or otherwise interact with the Site or Services via text messages, You will be required to submit a valid telephone number upon Publisher Account registration. Use of the text messaging system is not a requirement to become a Publisher and is simply another way for You to access information on the Site. However, should You choose to utilize this feature, You understand and agree that You are expressly consenting to receiving text message communications regarding Your use of the Site and Services. You understand and agree that such messages are based on Your status as a Publisher participating in the Site’s Services. You understand and agree that You are specifically soliciting such messages in order to access such Services. You are responsible for all text and/or data fees charged by Your mobile carrier. You understand and agree that You are wholly responsible for the security of Your mobile device, and therefore, You are liable for any and all Publisher Account activity associated with such device.

Publisher Content – Publisher Content includes any text, images, video, communication, or other content or media associated with Your Publisher Account, published or transmitted via the Site or Services, or otherwise provided by You during Your use of the Site or Services. You agree that any and all Publisher Content associated with Your Publisher Account will comply with all provisions set forth in this Agreement.

Given the perpetual nature of the licensed rights in the Publisher Content granted by You to Us, removal of any such Publisher Content is within Our sole discretion. Therefore, You understand and agree that upon termination or cancelation of Your Publisher Account, any associated Publisher Content may continue being utilized by the Site. In addition, We reserve the right to remove and delete Publisher Content at any time. You are solely responsible for maintaining any backup copy of Publisher Content. In accordance with our current Data Retention Policy, Publisher Content that is more than ninety (90) days old will be permanently deleted from Our servers.

You accept sole responsibility for any activity or material associated with Your Publisher Account. Should any Publisher Content associated with Your Publisher Account violate any laws or other applicable legal restrictions, Your actions shall constitute a material breach of this Agreement.

Restrictions on Publisher Content – Under no circumstances may Your Publisher Content include any of the following:

We reserve the right, within Our sole and absolute discretion, to reject and/or remove any Publisher Content, although We undertake no obligation to monitor Publisher Content, or take any such actions.

We encourage Our Users to report any violations of these restrictions by other Users. Violating any of the Site’s content restrictions may result in suspension or cancellation of Your Publisher Account. We reserve the right to permanently ban any Publisher who violates this Agreement.

You agree to defend and indemnify Us should any User or third party be harmed by Your actions or should We be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party due to Your actions in participating as a Publisher on Our Site.

You agree to defend, indemnify, and hold harmless Our Site, its corporation, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your conduct as a Publisher, or Your breach of any part of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.

In order to maintain the integrity of the Site and Services, or to investigate complaints, You agree to allow Us to access Your Publisher Account and any other information You have submitted or created for as long as reasonably required to investigate the complaint or protect the Services of this Site.

In no event shall We (or Our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Site, Services, or any of the materials contained therein, even if We have been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if We have been advised of the possibility of such damages.

In no event shall Our maximum total aggregate liability hereunder for direct damages exceed one hundred Euros (€ 100) or the total amount You paid Us during the one (1) month period before you made your claim, whichever is greater.

You acknowledge that while We implement reasonable security protocols, no system or network is immune to hacking or security breach. You specifically release Us from any and all claims associated with the unauthorized release of any information provided to Us, including Your Account information, billing information, or personal data.

You further acknowledge that your posts may be viewed by anyone with a connection to Our web servers, and are otherwise not private. Once posted on the Internet, content cannot be completely removed or deleted. You therefore specifically release Us from any and all claims associated with the publication or viewing of Your Content, and the use of the Site.

We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; pandemics or epidemics; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, malware, data breach, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s or Services’ performance.

Governing Law – This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of Romania, excluding its conflict of law provisions. The sum of this paragraph is that any and all litigation or arbitration permitted under this Agreement must be, without exception, initiated in Romania.

Confidentiality. As a Publisher, You may have access to certain information or content on the Site that non-Publisher Users cannot access. You agree that any information or content You receive in the course of Your duties as a Publisher is to be treated as confidential. You may not disclose confidential information to any other User, or third party, whether or not such disclosure is public, or via private means such as email or other “private” messaging systems. You agree that You will keep such information or content confidential indefinitely, even after Your status as a Publisher ends, or this Agreement is otherwise terminated.

Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing Party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys’ fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.

Assignment. Publisher may not assign, transfer, or delegate any and/or all of Publisher’s rights or obligations under this Agreement without Our written consent. However, We reserve the right to assign this Agreement in whole or in part.

Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.

No Waiver. No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

Complete Agreement. This Agreement constitutes the entire agreement between the Parties with respect to Your access and use of the Site and Services as a Publisher, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.