Effective from 2022-November-9
IMPORTANT - READ CAREFULLY: This Terms of Use ("Terms") is a legal agreement between you and 2Monkeys B.V. (“2Monkeys”) and governs the use by "you" of 2Monkeys’s website, services,games and applications (collectively, the "Services"). By using the Services you agree to these Terms. If you do not agree to these Terms, do not purchase or use the Services.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
PLEASE REVIEW 2MONKEYS’S PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE (link)
CONTACT INFORMATION
For any questions about policies, defects, performance issues, refunds and other app related issues or information please contact us directly at [email protected].
The collection, use, and disclosure of your information (including personal information) is governed by 2 Monkeys Policy, which is located online at https://www.2-monkeys.nl/privacypolicy.php (“Privacy Policy”). Furthermore, the consequences of the collection of personal information from a child under the age of digital consent and any territory-specific child protection provisions are also described in our Privacy Policy.
1. LICENSE AND RESTRICTIONS.
Subject to these Terms, 2Monkeys grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without 2Monkeys’s express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other "hidden text" utilizing “2Monkeys,” its affiliates, partners or artists without 2Monkeys’s express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, “hacking” the Services, or infringing the intellectual property or other proprietary rights of 2Monkeys or third-parties.
Additionally, where the Services are a downloadable game and/or application (“App”), 2Monkeys grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.
The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.
2. THIRD-PARTY PRODUCT, SERVICES AND LINKS.
2Monkeys may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.
The Services may include hyperlinks to other websites over which 2Monkeys has no control. 2Monkeys is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
3. ACCESS TO THE SERVICES.
By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 16, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent of guardian, certain features and functionality of the Services may be disabled. Information regarding use of your personal information can be found in 2Monkeys’s Privacy Policy or in the privacy policy specific to the Service you are using.
By using the Services and providing us with your contact information, you explicitly consent to receive communications from us. If you would not like to receive such communications, please review 2Monkeys’s Privacy Policy and opt-out procedures.
4. TITLE.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the “2Monkeys Content”) shall remain in 2Monkeys and/or its suppliers, and are protected by the copyright laws of the Netherlands, the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the 2Monkeys Content are trademarks, registered trademarks or trade dress of 2Monkeys or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the 2Monkeys Content without prior written consent from 2Monkeys.
The Services may allow you to create content (“Your Content”) that incorporates the 2Monkeys Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. 2Monkeys retains all rights, title and interest in and to the 2Monkeys Content. You retain all rights to Your Content; provided, however, that 2Monkeys shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to 2Monkeys's use of Your Content.
5. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
2MONKEYS MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE SERVICES ARE PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, 2MONKEYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE 2Monkeys SERVICES IS AT YOUR SOLE RISK.
2MONKEYS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT 2MONKEYS IS NOT LIABLE, AND YOU AGREE NOT TO HOLD 2Monkeys LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
6. INDEMNIFICATION.
You agree to hold harmless, indemnify and defend 2Monkeys, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content and/or Inappropriate Content you may submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, 2Monkeys reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
7. TERMINATION.
These Terms will automatically terminate if you fail to comply with any term hereof. You and 2Monkeys have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 4, 5, 6, 9, and 12 shall survive any termination.
8. NO ASSIGNMENT.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining 2Monkeys's express written consent.
9. GOVERNINGN LAW AND DISPUTE RESOLUTION.
By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United Kingdom.
These Terms and our relationship with you are governed by English law.
10. INFRINGEMENT NOTIFICATION.
Any claims related to the Services should be addressed to:
2 Monkeys B.V.
Geert Grootestraat 1
7411 GS Deventer
The Netherlands
11. FEEDBACK.
2Monkeys does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide 2Monkeys with feedback or other ideas, you agree that 2Monkeys is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.
12. GENERAL.
These Terms, along with the Privacy Policy, and any other privacy policy applicable to the specific Services you are using, constitute the complete and final agreement between 2Monkeys and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of 2Monkeys. You agree that your breach of these Terms will cause 2Monkeys immediate and irreparable harm and 2Monkeys will be entitled to seek injunctive relief without the necessity of posting bond. 2Monkeys and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision shall be reformed in that matter only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
2Monkeys may make changes to the Services, these Terms, or its Privacy Policy from time to time. 2Monkeys will use reasonable efforts to provide you with notice of any material changes. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Services, these Terms, or the Privacy Policy. 2Monkeys may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third-party of 2Monkeys’s choosing. These Terms will inure to the benefit of and be binding upon 2Monkeys’s respective successors and assigns.