Last Updated: May 24, 2018
We welcome you to use the services of FunMonkey (as indicated in the application or app store while downloading our game which entity is the distributor of our game)and its subsidiaries, parent companies, and joint ventures (collectively “FunMonkey”, “we”, “us”, “our”). FunMonkey is a provider of mobile and online services in the form of our mobile and web-based applications (the “Applications”), our website (www.FunMonkey.games) and its subdomains (the “Website”), our pages or presence on third party websites (e.g., Facebook) (the “Third Party Platforms”) and other platforms, websites products, offers and services that we offer from time to time, all of which together we refer as “Services”or “Service”.
PLEASE NOTE THAT YOU ARE ONLY ALLOWED TO USE THE SERVICES (INCLUDING THE APPLICATIONS) IF YOU ARE 16 YEARS OF AGE OR OLDER.
Please read all of these documents carefully and review them periodically.
THE SERVICESAND APPLICATIONS PROVIDED BY FUNMONKEY ARESOCIAL GAMING AND ARE INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY. THE SERIVCES AND APPLICATIONS ARE NOTGAMBLING.NO MONEY IS REQUIRED TO PLAY OUR GAMES AND NOTHING OF VALUE CAN BE WON BY PLAYING THE GAMES.
AS AN ELEMENT OF THE GAMES, YOU CAN OBTAIN VIRTUAL CURRENCY TO PLAY THE GAME. THE GAME CURRENCY CAN BE PURCHASED FOR REAL MONEY OR WON DURING GAMEPLAY, BUT IT HAS NO CASH VALUE. YOU MAY NOT SELL, TRADE, TRANSFER, CASH OUT, REDEEM OR IN ANY OTHER WAY EXCHANGE THE VIRTUAL IN-GAME CURRENCY FOR REAL MONEY OR FOR ANY REAL GOODS. PLEASE ALSO NOTE THAT THE GAMES DO NOT COPY ANY REAL MACHINE FROM REAL-WORLD CASINOS, SO YOU MUST NOT EXPECT THE SAME OR SIMILAR FEATURES, PARAMETERS OR RESULTS.
THE SERVICE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT FUNMONKEY TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY, AND THE USE OF THE SERVICE IS UNAUTHORIZED IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE NOT TO ACCESS OR USE THE SERVICE IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE USE OF THE SERVICE IS LAWFUL IN THE JURISDICTION OR COUNTRY WHERE YOU ARE LOCATED.
The terms “you” and “user” shall refer to all individuals and entities that access the Services. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.
The Terms set forth the legally binding terms and conditions which are applicable to your use of the Services, however installed, accessed and/or used, whether via personal computers, mobile devices or otherwise. Please be reminded that the Terms constitute an agreement between you and us and define the rights and responsibilities that you have with respect to the Services.
In addition to these Terms, you agree to abide by any supplemental policies of the Services, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other operating rules, policies and procedures that may be published from time to time on the Service, each of which is incorporated herein by reference.
- Modifications to these Terms.
From time to time, we may modify or amend these Terms. If we do so, we will post any such modifications or changes in the Service. You can tell when changes have been made by referring to the “Last Updated” legend on top of this page. Please review these Terms regularly to ensure that you are aware of any changes. If you continue to use the Service following such a posting of changes, you accept any such change or modification.
Use of the Service is subject to your continued compliance with these Terms. You are only allowed to use the service if you have reached the age of “majority” where you live or 16 years of age, whichever is older. By accessing or using the Service you represent and warrant that you have reached at least 16 years of age and that you agree to be bound by these Terms. You undertake to monitor your User Account to restrict use by minors, and in particular you will deny access to children under the age of 16. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of the Service, including use of your credit card or other payment instrument by minors.
Any access to or use of the Service by anyone under 16 is expressly prohibited.
The Service is intended solely for your personal use. You represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FunMonkey to any registration requirement within such jurisdiction or country, and the use of the Service is unauthorized in any such jurisdiction. You agree not to access or use the Service in any such jurisdiction.
We reserve the right to require our prior or later acceptance for registration or for a User Account. We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory, jurisdiction or other metric.
You agree not share the User Account or any user credentials or password with any other party and not to let anyone else access your User Account or do anything else that might jeopardize the security of your User Account. You agree to notify us immediately if you suspect any breach of security in the Service. You are solely responsible for maintaining the confidentiality of your User Account, and accept responsibility for all uses of the User Account, including any purchases, whether or not authorized by you.
We reserve the right to invalidate User Accounts if we become aware that a user is less than the required minimum age and we may request additional information to confirm a user’s age at any time. Other legal ramifications may also apply.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
- Purchases; Game Currency; NO REFUNDS.
Certain features of the Service may be subject to a fee, which can change over time (higher, lower or both). Application features may include the possibility to purchase upgrades (such as access to certain elements in the Service) or to purchase virtual currency to play a game (“Game Currency”). Applicable fees are displayed in the Service in connection with the respective feature of the Service. We reserve the right to change the pricing for the goods and services offered through the Service, including the Game Currency, at any time.
The Game Currency or upgrades, where applicable, can be purchased for real money or won during gameplay, but they have absolutely no cash value. Game Currency is entirely non-transferrable and has no real world value. Any Game Currency you purchase or win during gameplay is licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis and only for non-commercial use in the Service. Game Currency is licensed, not sold to you. Game Currency may never be redeemed for actual monetary instruments, goods or other items of monetary value from FUNMONKEY or any other party. You agree not to sell, trade, redeem or otherwise transfer Game Currency to any person or entity, including but not limited to another user or any third party, or in any other way cash out or exchange the Game Currency for real money or for any real goods.
You are responsible for all charges and usage on your User Account or using your user credentials and all purchases made by you or anyone that uses your User Account or user credentials, including applicable taxes. You may pay using the methods available in the Service from time to time, which may include payment via your Apple, Google or Amazon account, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase.
You (i) represent that you are authorized to use the payment method you use and that any payment information you provide is true and accurate; and (ii) authorize us and/or the applicable payment provider to charge you for the Service using your payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify the us and the applicable payment provider if your credit card is canceled, lost or stolen or if the security of your payment method has otherwise become compromised. You also understand that the payment platforms (e.g., Apple’s App Store) may provide us with very limited information regarding your purchases. We may not be able to provide you with information as to your purchase history as you might expect that we would be able to do so.
Provision of Game Currency and any upgrades is a service that is offered to you as a part of the Service. By paying the applicable fees you acknowledge and agree that the provision of the Game Currency or any upgrades commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period DOES NOT APPLY.
ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. IN PARTICULAR, ANY PAYMENT FOR LICENSE FOR GAME CURRENCY OR UPGRADESIS ALWAYS FINAL AND NON-REFUNDABLE.
PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR ANY GAME CURRENCY THAT IS LOST, DAMAGED, DELETED OR USED INAPPROPRIATELY, OR FOR GAME PLAY INTERRUPTIONS OR PREMATURE GAME TERMINATION, REGARDLESS OF CAUSE, THAT RESULT IN GAME CURRENCY BEING SPENT. WE MAY MANAGE, REGULATE, MODIFY, CONTROL OR ELIMINATE GAME CURRENCY AT ANY TIME IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE. IF WE EXERCISE SUCH RIGHTS, WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY.
IF YOU MAKE A REQUEST THAT WE DELETE YOUR PERSONAL DATA OR YOUR USER ACCOUNT, THIS REQUEST IS IRREVOCABLE. ONCE THE REQUEST HAS BEEN MADE, ANY GAME CURRENCY OR IN-APP PURCHASES MAY BE UNAVAILABLE PRIOR TO THE FULFILLMENT OF THE REQUEST AND, AFTER THE FULFILLMENT OF THE REQUEST, WILL NO LONGER BE AVAILABLE UNDER ANY CIRCUMSTANCES.
DO NOT EXPECT THAT YOU WILL BE GIVEN THE OPPORTUNITY TO CHANGE YOUR MIND ONCE A DELETION REQUEST HAS BEEN SUBMITTED!
EXCEPT AS EXPRESSLY REQUIRED BY LAW, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE ANY REFUNDS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT ALL GAME CURRENCY WILL BE FORFEITED AND YOU WILL NOT BE ENTITLED TO RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED GAME CURRENCY WHEN AN ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, REGARDLESS OF WHETHER SUCH TERMINATION OR SUSPENSION WAS VOLUNTARY OR INVOLUNTARY, OR IF WE DISCONTINUE PROVIDING THE SERVICE OR ANY PARTICULAR GAME.
You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.
- Third Party Material
We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.
- Intellectual Property
These Terms confer only the right to use the Service, while these Terms and the specified licenses are in effect, and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property. FunMonkey retains all right, title and interest in and to the Service and any content available therein, including, but not limited to, any Applications, titles, source and object codes, game client and server software, other computer codes and software, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, files, images, graphics, the “look and feel” of the Service, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications thereof.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE USER ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FUNMONKEY. YOU AGREE THAT YOU HAVE NO RIGHT OR TITLE IN OR TO ANY CONTENT THAT APPEARS IN THE SERVICE, INCLUDING WITHOUT LIMITATION THE GAME CURRENCY, WHETHER EARNED IN A GAME OR PURCHASED FROM FUNMONKEY, OR ANY OTHER ATTRIBUTES ASSOCIATED WITH A USER ACCOUNT OR STORED ON THE SERVICE.
- Promotions, Sweepstakes, Contests and the Like.
Except where prohibited by law, FunMonkey may also offer, from time to time, promoted features, offers, gifts, prizes or other incentives to certain users of the Services (“Extras”). These Extras are solely at FunMonkey’s discretion. No user is required to accept any Extras. The Extras are given out uniquely to specific users and cannot be transferred, assigned or otherwise redeemed by anyone other the user to whom the Extras were granted. As a condition of receiving an Extra, a user may be required to comply with specific terms and conditions for Extras as well as to sign a release or waiver.
If a Promo or Extra involves a user receiving Game Currency or similar credits within an Application, although such Promo and/or Extra is not redeemable for cash or other real world products or services , such Promo or Extra may have real world value for, example, tax purposes, which would be the sole responsibility of the user.
Except where prohibited by law, FunMonkey may request that, in exchange for receiving an Extra or in order to participate and/or win in a Promo, a particular user provide FunMonkey with the right to promote the Promo or Extra using the user’s likeness, name or similar.
- User Content and Responsibility for User Content
You are solely responsible for any text, communications, images, and other data, information and content that you submit in the Service, or transmit to other users of the Service (collectively, “UserContent“). You are responsible for complying with all laws applicable to your User Content. You agree not to submit to the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity). You will not provide inaccurate, misleading or false information to us or to any other user of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
We may, in our sole discretion and without notice, review and delete any User Content, but are under no obligation to do so. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk.
You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.
You further hereby grant to us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content or your User Account, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.
You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.
- Prohibited Content
The following types of User Content are examples of User Content that is prohibited in the Service:
- User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harassing User Content;
- “Junk mail”, “chain letters,” or “spam”;
- User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and
- User Content of commercial nature without authorization from us.
If you see any material in the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at support (at)FunMonkeygames.com. For instructions on how to report intellectual property issues, please see “Copyright Infringement” below.
- User Submissions
- Interactions with Other Users
You agree that all your communications within any forums or chat areas in the Service are public, and you have no expectation of privacy regarding your use of such forums or chat areas. We are not responsible for information that you choose to share on the forums or chat areas, or for the actions of other parties. We wish to remind you that you are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Without prejudice to the above, we reserve the right to become involved in any way with these disputes, but are in no obligation for doing so. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your User Account.
- Service Usage Information
You acknowledge and agree that we may use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, reproduce, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit: (i) your scores from any Application; (ii) your Game play sessions; (iii) your presence on the Service; (iv) the time that you spend on or within particular portions of the Service; (v) rankings, statistics and user profiles; and (vi) other Service usage information, in any media now existing or hereafter developed, and that all of the above are our sole and exclusive property and may be used by us (and our affiliates, partners, licensors and licensees and other third parties authorized by us) for any purpose, including for commercial or promotional use, if you gave us your consent for such commercial or promotional uses.
If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of such information or materials, you agree to and hereby do assign solely and exclusively to us all of your right, title and interest in and to such information or materials, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such information or materials, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such information or materials.
- Prohibited Activities
The list below contains examples of behaviors that are prohibited in the Service:
- Impersonating another person or entity;
- Accessing or using the Service in an unlawful way or for any unlawful purpose;
- Transmission of any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;
- Transmission of viruses, malware, or other malicious code in the Service;
- Modification, reverse-engineering, or other manipulation of the Service;
- Exploiting the Service or any part thereof for any commercial purposes;
- Any use of automation software programs, “bots”, “macro” software programs or any other software or applications which are intended to modify the game experience to the detriment of fair play;
- Exploiting, distributing or informing other users of any Game error or bug which may give an unintended advantage; and
- Interfering with, or disrupting, the Service.
- Copyright Infringement
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Service that in your good faith belief may infringe someone’s copyright, you may notify us by e-mailing us at support (at) FunMonkey.games and by inserting “Copyright” in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information: (i) the identity of the original copyrighted work that you claim is infringed or –if your notice covers multiple copyrighted works – you may provide a representative list of the copyrighted works that you claim have been infringed; (ii) a sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work; (iii) your contact information that you want us to use to contact you regarding your request and to verify the voracity of your request (e.g., full name and email address, player ID); (iv) a statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and (v) this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed”; and (vi) a physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter notice. When we receive your counter notice, we may in, our discretion, reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the original complaining party who filed the infringement notice that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, you may email us at support (at) FunMonkeygames.com. Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter notice must contain substantially all of the following information: (i) identification of the material that has been removed or to which access has been disabled in the Service and the location at which the material appeared before it was removed or access to it was disabled; (ii)your contact information that you want us to use to contact you regarding your request and to verify the voracity of your request (e.g., full name and email address, player ID); (iii)include both of the following statements in the body of the Notice: “I hereby state under penalty of perjury that I have 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.”; and “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which FunMonkey may be found, and I will accept service of process from the complaining party who notified FunMonkey of the alleged infringement or an agent of such person.”; and (iv) provide your full legal name and your electronic or physical signature.
- Privacy and Security
The Service may include social media functionalities and/or plug-ins that enable you to share certain content (such as scores or communications) with other people. Please be careful when sharing content that includes personal data generally in the Service and in particular with other users of the Service.
- Respect the privacy of other users;
- Not engage in unauthorized collection of users’ content or information, and/or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
- Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, photograph, credit card number or any information that may otherwise be used to track, contact or impersonate another individual;
- Not utilize a username that is the name of another person and intending to impersonate that person; and
- Not provide any false personal data to us or create any User Account for anyone other than yourself without such person’s permission.
- NO WARRANTY
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY ANY ADVERTISERS, AFFILIATE ADVERTISING NETWORKS, REWARDS PROGRAM OPERATORS OR PAYMENT PROVIDERS WE MAY COOPERATE WITH OR ANY OTHER USERS OF THE SERVICE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW.
PLEASE BE REMINDED THAT WE ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DAMAGES, CLAIMS, LIABILITIES OR COSTS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES WE COOPERATE WITH. YOU WAIVE AND RELEASE FUNMONKEY AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF SUCH THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE.
You agree to indemnify and hold FunMonkey (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of or access to the Service, your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
- Entire Agreement
- Waiver and Severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
- Governing Law and Resolution of Disputes
The laws of the State of California, without regard to or application of its conflict of law provisions, will govern these Terms.This License Agreement and the Services will not be governed by the United Nations Convention on Contracts for the International Sale of Goods (UNCISG), if otherwise applicable.
BINDING ARBITRATION.EXCEPT AS SPECIFICALLY STATED HEREIN, ANY DISPUTE OR CLAIM BETWEEN YOU AND FUNMONKEY ARISING OUT OF, OR RELATING IN ANY WAY TO, THE TERMS, THE SERVICE OR YOUR USE OF THE SERVICE, OR ANY PRODUCTS OR SERVICES OFFERED OR DISTRIBUTED THROUGH THE SERVICE (“DISPUTES”) SHALL BE RESOLVED EXCLUSIVELY BY FINAL, BINDING ARBITRATION. BY VIRTUE OF THIS AGREEMENT, YOU AND FUNMONKEY ARE EACH GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY (EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION). The provisions of this Section shall constitute your and FunMonkey’s written agreement to arbitrate Disputes under the Federal Arbitration Act. Any modification to this Agreement shall be in writing and signed by you and FunMonkey. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules.
Prior to initiating arbitration, you must first send a written notice by certified mail to FunMonkey Games at: FunMonkey Games at Lordou Vyronos, 61, Lumiel Building, 4thfloor, 6023 Larnaca, Cyprus, ATTN: Legal Department, depending on the distributor of your Application. The arbitration notice must include the following at a minimum: (a) personal and/or account information sufficient enough to identify your FunMonkey account, (b) a detailed description of your claim or dispute with FunMonkey, (c) the specific damages or other remedy or remedies that you are seeking. If your claim or dispute is not resolve with FunMonkey within thirty days of FunMonkey’s receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in these Terms.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST FUNMONKEY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN ADDITION, YOU AGREE THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.
Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s or a third party’s intellectual property rights.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you would like to receive further information regarding the use of our Service, or if you have any questions or complaints please feel free to contact us directly at support (at) FunMonkey.games to have the issue resolved. Please note that we cannot provide a specific timeframe for any resolution.
If you are a California resident and should you remain unsatisfied with the Service, you can also contact the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs; they are reachable in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at 800.952.5210.
- Suspension of User Account; Termination
We reserve the right to discontinue offering the Service or any part thereof (such as any particular Game) or to suspend, remove, modify or disable access to the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your User Account at any time. In no event will we be liable for the removal of or disabling of access to the Service or any part thereof. We may also impose limits on the use of or access to the Service, in any case and without notice or liability. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated. In such event, FunMonkey shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR USER ACCOUNT AND/OR ACCESS TO THE SERVICE IF YOU ARE, OR WE IN OUR SOLE DISCRETION SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS INCLUDED IN THESE TERMS OR WITH ANY LAWS OR REGULATIONS, OR IN ANY OTHER WAY HAVE USED THE SERVICE UNLAWFULLY OR IMPROPERLY OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR ANY FUNMONKEY POLICIES. YOU CAN LOSE YOUR USERNAME, PLAYER ID AND USER PROFILE AS A RESULT OF SUCH TERMINATION OR SUSPENSION, AS WELL AS ANY GAME CURRENCY. PLEASE NOTE THAT FUNMONKEY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.
WE RESERVE THE RIGHT TO TERMINATE ANY USER ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
The Service is operated and provided by FunMonkey and its affiliates (including its parent and subsidiary companies). If you have any questions about these Terms, please contact us at email@example.com