Welcome to my site – monicakingsley.co!
Please pardon a little legal information before getting to the beautiful business of markets and trading…
Pretty standard and little surprising Terms – I believe the only thing standing out is the fact that on account of my experience with Sunshine Profits since 2020, the company (including its associate and successor entities) isn’t welcome without my prior written permission. This doesn’t apply to you if you solely signed up for their services, or never did business with them. Please see points 2.4. and 9.2. for details.
Regardless of the above, it’s my immutable personal characteristic to keep on looking for goodness in the world and to give the benefit of the doubt for as long as I can… For as long as I can…
Instead of the past I’ve happily left behind, I’m looking forwards to serve your interests as best as I can, above all.
2. Accepting the Terms
2.1. In order to use the Site, you must firstly agree to the Terms. You may not use the Site or Service(s) if you do not accept the Terms.
2.2. You can accept the Terms by simply using the Site. You understand and agree that Monica Kingsley shall treat your use of the Site or Service(s) as an acceptance of the Terms from that point onwards. If you don’t agree with any and all parts of these Terms, please leave the Site, its Service(s) and close your Account immediately.
2.3. You may not use the Site or Service(s) sand may not accept the Terms if (a) you are not of legal age to form a binding contract, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Site or Service under the laws of the country in which you are resident or from which you access the Site or use the Service(s), or (c) your Account has been previously disabled or terminated for violation of law or these Terms.
2.4. You may use the Site as a User, but not the Service(s) as an Account Holder, if you are Sunshine Profits owner, employee, associate, author, affiliate or business partner who has either personally or through any legal entity controlled, having a stake in, or business relationship with, ever received any Sunshine Profits derived funds that triggered a taxable event (regardless of the funds being your income, royalty, or similar – the only exception is merely having received a refund from Sunshine Profits if you signed up for their premium services, and decided to terminate your subscription prematurely) for yourself or such legal entity. You further agree not to pass the premium content accessible upon creating Account, in full or in part, knowingly or unknowingly, directly or indirectly via any third party (third parties) or medium, onto such defined Sunshine Profits persons. All the above applies in full also to the company’s associate and successor entities.
The above paragraph represents the explanation to the simplified tickbox “I do not work for Sunshine Profits” you encounter when creating Account. Should you (as such defined Sunshine Profits person) still be interested to use Monica Kingsley’s Service(s), you must first apply and be granted her written permission prior to creating Account.
3.1. Such is the definition of the terms used:
The Site = monicakingsley.co
The Account = the free registration on the Site or inclusion into any Telegram channel or Twitter or Youtube account of Monica Kingsley
User = anyone who accesses or connects to the Site or to any Telegram channel or Twitter or Youtube account of Monica Kingsley
Account Holder = registered User who created Account or is a member of any Telegram channel of Monica Kingsley or her Twitter or Youtube account follower
The Subscriber = anyone who subscribes, is subscribed, or purchases Subscription, which is a time-limited access to the Service(s)
The Service(s) = the freely emailed content after Account creation, the premium content accessible upon subscribing whether on the Site, Telegram or Twitter or Youtube, whether made publicly or privately available to you, and/or additional content provided on a 1:1 basis or exchanged on 1:1 basis not limited to market discussions but covering any subject discussed, in English or in any other language
Link = hyperlink or mention of another site
4. Account, Subscription and Payment Details
4.1. You become an Account Holder once you complete the free registration on the Site, and are thus granted access to select part(s) of the Service(s), and are eligible to receive free ad-hoc email messages from Monica Kingsley as relates to the Service(s).
4.2. You become a Subscriber when Monica Kingsley acknowledges receipt of payment for the Service(s).
4.4. You may not sell, share, transfer, rent or make available in any way your username or password to access your Account. You may not disclose your password to any third party, and are responsible for activities relating to your Account. You may not disclose in full or in part the Service’s premium content to any third party without Monica Kingsley’s prior written consent. Please immediately notify Monica Kingsley in the event of any unauthorized use of your Account information.
5. User Conduct
5.1. You as a User agree not to use the Site or Service(s) to:
a) obtain or attempt to obtain unauthorized access to the Service(s) or to the servers, systems, network, or data;
b) make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
c) violate any applicable laws or regulations;
d) impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted;
e) make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
f) post content containing advertisements or other commercial solicitations without prior written permission;
g) make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Site, Service(s) or to affect other users; or
h) interfere with or disrupt the Site, Service(s) or servers, systems or networks connected in any way.
5.2. On becoming aware of any potential violation of these Terms, Monica Kingsley reserves the right (but not the obligation) to decide whether the User or Account Holder complies with these Terms, creates risk of her possible legal exposure, and may remove User-contributed content, disable or terminate the Account, which is or based on her suspicion may be in violation of these Terms at any time, without prior notice or liability, and at her sole discretion. This applies also to situations when you have joined and paid for Monica Kingsley’s premium services via Patreon. Should your Account be terminated, Monica Kingsley reserves the right not to allow you open new Account, and you agree not to attempt to open one should you be rejected.
5.3. All provisions of these Terms which by their nature can be reasonably expected to survive termination, shall survive termination, including but not limited to ownership, copyright, warranty, disclaimer, liability, indemnity and governing law. If in doubt, especially should you decide to close your Account, leave the Site, and its Service(s), you can ask for relief from specific clauses of these Terms, and Monica Kingsley has the right (but not the obligation) to grant you such relief at her sole discretion.
6.1. All rights, including but not limited to, the intellectual property rights such as content, Service(s), trademarks, Service(s) marks, Service(s) graphics, Service(s) trade names, copyright and other rights exercised on the Site are and remain the exclusive property of Monica Kingsley, her licensors (if applicable), or third party business partners. The full extent of rights applies regardless of her using them for non-commercial, but informational, research and educational purposes. Even though the Site is not in the business of selling Service(s), the rights to its intellectual property serve to fulfill its informational, research and educational purposes.
6.2. No User or Account Holder may reproduce, copy, modify, do derivative works based upon, distribute, sell, transfer, publicly display, perform or transmit the Site’s content or its Service(s), reverse engineer, obtain or attempt to obtain unauthorized access to the Site or its Service(s) available exclusively to Account Holders. This applies regardless of her Site being non-commercial, merely an informational, research and educational one.
6.3. Users and Account Holders are welcome to link to the Site, and its content that can be accessed without registration, however direct links to individual Site components such as isolated charts, graphics, applications or files etc., are forbidden.
6.4. Monica Kingsley responds to copyright complaints submitted under the Digital Millennium Copyright Act (“DMCA”). Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.
Monica Kingsley will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image, video or text uploaded or linking to allegedly infringing materials. Note that not all unauthorized uses of copyrighted materials are infringements – some represent fair use or fair dealing.
7.1. The Site’s content such as articles, may be only linked to and not copied in full or in part.
7.2. Only content visible without registration on the Site, can be shared or reprinted, and has to be accompanied by an introduction featuring the full title of the original, source article at the Site that includes a hyperlink to its original location at the Site.
7.3. In case of a part of the content being shared or reprinted, it has to be marked as a quote, and be introduced by mentioning the full title of the original, source article at the Site that includes a hyperlink to its original location at the Site.
In case of a full article being shared or reprinted, it has to remain intact including its text, charts, and hyperlinks, and also mention the Site as the source location, hyperlinking to the original, source article at the Site.
7.4. Content accessible only to Account Holders, may not be shared or reprinted.
7.5. You may send an email to Monica Kingsley, requesting to receive the content made accessible without registration for third party sites the moment it becomes available, and you will receive it as soon as all the other third parties. Alternatively, you can subscribe to Monica Kingsley’s RSS feed to get hold of the latest such content.
8. Warranty, Disclaimer and Liability
8.1. The Site and its Service(s) are provided on as-is and as-available basis, and at your own risk. All essays, research and information found on the Site including in its Service(s) represent analyses and opinions of Monica Kingsley that are based on available and latest data. Despite careful research and best efforts, it may prove wrong and be subject to change with or without notice. Monica Kingsley does not guarantee the accuracy or thoroughness of the data or information reported. Her content serves educational purposes and should not be relied upon as advice or construed as providing recommendations of any kind. Futures, stocks and options are financial instruments not suitable for every investor. Please be advised that you invest at your own risk. Monica Kingsley is not a Registered Securities Advisor. By reading her writings, you agree that she will not be held responsible or liable for any decisions you make. Investing, trading and speculating in financial markets may involve high risk of loss. Monica Kingsley may have a short or long position in any securities, including those mentioned in her writings, and may make additional purchases and/or sales of those securities without notice.
8.2. Monica Kingsley shall not be liable for damages of any kind (including but not limited to, direct, indirect, special, incidental, consequential, exemplary, for expenses, losses tangible or intangible arising in connection with the Site) as relates to the Site or external sites she may link to, in any way. This concerns also any interruption in access to the Service(s) (including but not limited to, the failure to access website, errors, interruptions, delays, failures or malware bypassing Site’s security).
9. Indemnity and Governing Law
9.1. Whether you are using the Service(s) personally or on behalf of a legal entity, you and the entity will hold harmless and indemnify Monica Kingsley from any suit, claim or action arising from or related to the use of the Service(s) or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgements, litigation costs and attorneys’ fees.
9.2. If you are Sunshine Profits owner, employee, associate, author, affiliate or business partner who has either personally or through any legal entity controlled, having a stake in, or business relationship with, ever received any Sunshine Profits derived funds that triggered a taxable event (regardless of the funds being your income, royalty, or similar – the only exception is merely having received a refund from Sunshine Profits if you signed up for their premium services, and decided to terminate your subscription prematurely) for yourself or such legal entity, and have established an Account or accessed any Service(s) without having obtained Monica Kingsley’s written permission in advance, you agree to indemnify her for every single occurrence of your unauthorized access to her intellectual property as defined in 3.1. in the Service(s) section, by paying 100,000 euro (hundred thousand euro) for every single Service(s)’ mailing, Site’s location or Service as defined in 3.1. (as defined by unique URL, email, printscreen or content address, whether shared directly or reproduced in any medium incl. orally) accessed without authorization, including both during and after termination of your Account, with the total indemnity calculated as 100,000 euro (hundred thousand euro) multiplied by the total number of occurences, payable to her within 15 calendar days of grievance communicated / evidence presented over email to you, increased by associated legal costs should you not meet the obligation.
Same calculation logic (number of occurences and URL varied site placements) times single indemnity amount (100,000 euro (hundred thousand euro)) apply if you have made available to anyone any part of the Service(s) content made available to you on the basis of you joining Monica Kingsley via Patreon, or if you violate confidentiality of her email correspondence, Telegram private messages or Twitter direct messages.
Should you as an Account Holder enable such defined Sunshine Profits person to access your Account, or should you pass the premium content accessible upon creating Account, in full or in part, knowingly or unknowingly, directly or indirectly via any third party (third parties) or medium, onto such defined Sunshine Profits person, the above mentioned obligation to indemnify Monica Kingsley for unauthorized access to her intellectual property, applies equally and in full as calculated according to the above mentioned formula and terms, both to you and to the Sunshine Profits person.
9.3. Any disputes or claims arising out of or relating to these Terms, Service(s) or the Site, will be governed by the laws of Czech Republic as the sole jurisdiction and venue of courts. You may not use the Site or its Service(s) in any jurisdiction that does not give effect to all provisions of these Terms, including this paragraph.
10. Feedback and Complaints
10.1. Monica Kingsley thoroughly welcomes feedback. Please don’t hesitate and address her your thoughts using the email and Contact feature on the Site as a first course of action in order to resolve the matter.
For old fashioned mail, please see below:
690 02 Breclav
11.1. Monica Kingsley reserves the right, at her sole discretion, to modify or replace these Terms at any time. If a revision is material, she will try to provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at her sole discretion.
Last updated: Nov 13, 2023