Terms & Conditions
81monkeys, Inc. Terms of Service
These Terms of Service (“Terms”) are a legal agreement between 81monkeys, Inc. (“81monkeys” or “we”) and you (“you”). By accessing and using any 81monkeys, applications, content, activities and services (collectively, the “Services”) which are made available by 81monkeys on any platform, websites, social networking websites, or any mobile device (the “Delivery Platform”), you agree that you have read, understand and agree to be bound by the terms and conditions set forth below (the “Terms”), whether or not you are a registered member of 81monkeys or any of our games.
1. License to Use the Services
Subject to your compliance with all of these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by 81monkeys or its service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:
1. Cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the game experience to the detriment of fair play;
2. Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player’s experience;
3. Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computers;
4. Exploit the Services or any of its parts for any commercial purpose;
5. Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services; or
6. Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services.
2. Code of Conduct
Your use of the Services is governed by certain rules (the “Code of Conduct”), which are maintained and enforced by 81monkeys, and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not:
1. Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity (including distributing another player’s personal information if he or she has not made such information public on the host site (if applicable), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
2. Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
3. Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are all prohibited;
4. Promote, encourage, or otherwise advocate the use of illegal activities or drugs;
6. Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
7. Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by 81monkeys for any Services, must be limited to the appropriate forum or channel for such offers;
8. Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or a 81monkeys representative) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);
9. Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or
10. Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.
These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit – up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.
3. User Account, Age Restrictions, Password, and Security
You may be able to use your user account and/or user ID of a third party website on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form. YOU MUST BE AT LEAST THE AGE OF CONSENT IN THE JURISDICTION IN WHICH YOU RESIDE AND IN WHICH THE CONTENT IS ACCESSED OR PROVIDED BY 81MONKEYS TO USE THE SERVICES.
You may also be asked to choose a password and a username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as solely determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms.
You are responsible for maintaining the confidentiality of your account information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by 81monkeys or another party due to someone else using your account. You may not use anyone else’s account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund.
5. Charges and Billing
In some cases, you can use Facebook Credits, a stored value (gift card), credit or debit card, PayPal, or other similar accounts (each referred to herein as “Payment Information“), to pay for optional Services and/or upgrades. When you provide Payment Information to us (or our designated platform providers, licensees or subcontractors), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family members or friends.
6. Links to Third Party Sites
We may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Some of these web sites may charge separate fees, which are not included in any fees that you may pay to 81monkeys. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from one of our Services, and will not be liable for any claim relating thereto. The linked sites are not under the control of 81monkeys and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 81monkeys of these linked sites.
7. Content Rights
“Content” means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by 81monkeys or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Delivery Platforms, including any responses provided through user surveys.
You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of game play, are the sole and exclusive property of 81monkeys and may be used by 81monkeys (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.
If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to 81monkeys all of your right, title and interest in and to such Content, 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 to 81monkeys 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 Content, 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 Content.
You are granted a limited revocable license to post your own character or any other Content that 81monkeys specifically gives you notice may be posted on other websites, on your own personal website or on a third party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party.
81monkeys representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and does not attempt to do so. 81monkeys and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by “flagging” it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.
You acknowledge and agree that 81monkeys may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms.
8. In-Game Currencies/Goods
The Services may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, points or powerups, that may be purchased from 81monkeys for “real world” money if you are a legal adult in your country of residence. The Services may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from 81monkeys for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from 81monkeys or any other party.
Other than a limited, personal, revocable, non-transferable, and non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Services on the Delivery Platform, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services.
81monkeys has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and 81monkeys shall have no liability to you or anyone for the exercise of such rights.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Services. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Services and possible legal action.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in 81monkeys’ sole and absolute discretion, or if 81monkeys discontinues providing the Services or any particular game.
9. Suspension or Termination
Without cost, charge or liability, we reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service. In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by 81monkeys, you will not be entitled to any refund nor will any credits or in-game items (e.g., points in an online game) be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts with us.
10. The Services are Available “AS-IS”
The Services are provided on an “AS IS” and “AS AVAILABLE” basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATION OR CONDITIONS OF ANY KIND HOWSOEVER ARISING, INCLUDING BUT NOT LIMTIED TO ANY WARRANTIES, REPRESENTATION OR CONDITIONS EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any loss or damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user’s errors and/or omissions.
11. Limitation of Liability
81MONKEYS AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL 81MONKEYS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN THE EVENT THAT 81MONKEYS OR ITS LICENSORS IS FOUND TO BE LIABLE TO YOU THE MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES AND LOSSES ARISING OUT OF OR RELATED THIS AGREEMENT SHALL BE THE TOTAL AMOUNT PAID BY YOU TO 81MONKEYS TO USE THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO THE MANDATORY ARBITRATION PROVISION, YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE WITH 81MONKEYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES: (I) YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You hereby irrevocably agree to defend, indemnify, and hold 81monkeys and its licensors harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by 81monkeys or its licensors arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf or any act or omission by you in relation to, or arising out of, this agreement.
14. Waiver and Severability
The failure of 81monkeys to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
15. Injunctive Relief
You acknowledge that the rights granted and obligations made hereunder to 81monkeys are of a unique and irreplaceable nature, the loss of which shall irreparably harm 81monkeys and which cannot be replaced by monetary damages alone so that 81monkeys shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
16. Controlling Law and Jurisdiction
These Terms and any action related thereto shall be governed by and construed under the laws of the Province of British Columbia (without regard to conflicts or choice of law principles). The parties agree that the sole and exclusive forum for any claim or dispute arising out of or relating to this Agreement shall be the appropriate courts of the Province of British Columbia. The parties expressly consent to the personal jurisdiction of such courts.
17. Other Jurisdictions
81monkeys operates and controls this application from its offices in British Columbia, Canada. 81monkeys makes no representation that this application is appropriate or available in other locations. The information provided on this application 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 81monkeys to any registration requirement within such jurisdiction or country.
18. Modification of Terms
We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes
19. Entire Agreement
These Terms are the entire and exclusive agreement between 81monkeys and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.
The Services are operated and provided by 81monkeys, Inc., 7 Birch Wynd, Anmore BC, Canada, V3H4Y5. If you have any questions about these Terms, please contact us.