THESE TERMS AND CONDITIONS MAY BE AMENDED FROM TIME TO TIME. IT IS YOUR RESPONSIBILITY TO VIEW THE TERMS OF SERVICE AND YOU ARE CHARGED WITH NOTICE HEREOF AS WELL AS OF ANY CHANGES OR AMENDMENTS. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN MONKEY BANANA RAFFLE (“MBR”) AND YOU (“YOU” OR “YOUR” IN POSSESSIVE CONTEXT OR “YOURSELF” IN REFLEXIVE CONTEXT). PLEASE READ THESE TERMS AND CONDITIONS INCLUDING THE PRIVACY AND SECURITY POLICY CAREFULLY BEFORE USING MBR’S WEBPAGE, BLOGS, PRODUCTS, GAMES, SERVICES AND ANY APPLICATIONS OWNED, OPERATED, LICENSED OR CONTROLLED BY MBR. APPLICATIONS CREATED BY MBR MAY ALSO BE AVAILABLE THROUGH SOCIAL NETWORKING SITES (COLLECTIVELY THE “SERVICES”). BY USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY AND A REQUIREMENT THAT YOU MEET SPECIFIED AGE REQUIREMENTS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Scope. MBR makes the Services available to you subject to these terms and conditions (“Terms and Conditions”).
MBR reserves the right to discontinue the Services or change the content of the Services with or without prior notice for any reason. You agree that MBR will not be liable for any discontinuation of or changes to the Services, and You understand that You shall not be entitled to any refund of fees for discontinuation of or changes to the Services.
Account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You agree to promptly notify MBR of any unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the Services. In addition, You agree to exit from Your account at the end of each session. Furthermore, You are entirely responsible for any and all activities that occur under Your account. We will not be liable for any loss that you may incur as a result of someone else using Your password or account, either with or without your knowledge. You are conclusively presumed to have given your consent to someone else who uses Your password or account.
Where the Services utilize the account management of a social networking website (such as Facebook), You are responsible for maintaining the confidentiality of Your applicable social networking website password and account, and are fully responsible for all activities that occur under Your account.
Fees and Payment. The Services may eventually include games and/or applications where You will have the opportunity to use ‘coins’ or other online currency (“currency”) to license a variety of virtual in-game items that can be used while playing such games and/or applications.
You may be required to pay a fee in order to obtain currency. MBR reserves the right in its sole discretion to change the price of currency You will be entitled to purchase for a given fee. MBR shall have no liability for hacking or loss of virtual in-game items from your MBR account. MBR at its sole and exclusive discretion will determine whether or not to replace such in-game items and will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. Such in-game items may be replaced with items of the same or different kind and with a different quantity in MBR’s discretion. MBR has no obligation or responsibility to and will not reimburse You for any in-game items lost due to Your violations of these Terms and Conditions. MBR reserves the right, without prior notification, to limit the order quantity on any in-game items and/or to refuse to provide You with any in-game item. Verification of certain information applicable to a transaction involving an in-game item may be required prior to our acceptance thereof. Price and availability of the in-game item are subject to change without notice.
YOUR PURCHASE OF CURRENCY IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE (EXCEPT WHERE EXPLICITLY AUTHORIZED WITHIN THE SERVICE) INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR MBR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR CURRENCY OR IN-GAME ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE CURRENCY OR IN-GAME ITEMS. YOU RECEIVE LIMITED RIGHT TO USE THE CURRENCY AND IN-GAME ITEMS. ALL IN-GAME ITEMS AND CURRENCIES ARE FORTFEITED IF YOUR ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, IN MBR’S SOLE AND ABSOLUTE DISCRETION, OR IF MBR DISCONTINUES PROVIDING THE SERVICE.
Age Requirement. The Services is not intended for use by, or to collect personally identifiable information from, children under 13 years of age. If you use the Services, You hereby represent, warrant and covenant that You are at least 13 years of age. Furthermore, if You are between the ages of 13 and 18, You represent and warrant that Your parent or lawful guardian has reviewed and agrees to these Terms and Conditions.
Privacy. You understand and agree that MBR may collect personally identifiable information in connection with the Services. Please review MBR’s Privacy and Security Policy to learn how MBR collects and uses personal information. You agree that we may communicate with You regarding the Services, MBR, and its partners by SMS, text message or other electronic means to Your mobile device or Your personal computer. If You do not agree to each and every part of MBR’s Privacy and Security Policy, then You should not use the Services or submit any personally identifiable information through the Services.
Ownership. All rights, title and interest in and to the Services and all content and other materials contained therein, including without limitation all copyright, trademark, patent and other intellectual property rights therein, shall be and remain solely with MBR or its licensors. MBR, the MBR logos, and all game names are trademarks of MBR or its licensors and may not be used without express written permission of MBR.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any in-game items.
You agree not to copy, redistribute, publish or otherwise exploit material from the Services, except as expressly permitted herein.
As a user, You may be permitted to submit comments, feedback, suggestions, ideas, and other submissions to MBR in connection with the use of the Services. Your comments, feedback, suggestions, ideas and other submissions shall be the exclusive property of MBR. MBR may use, sell, exploit and disclose the content of your comments, feedback, suggestions, ideas and other submissions in any manner, without restriction and without compensation to You. You are therefore deemed to have assigned all such intellectual property rights to MBR and you further waive all claims arising from any such intellectual property rights in favor of MBR.
You further acknowledge that submissions of comments, feedback, suggestions and ideas do not make you a partner, joint venturer, associate, employee or consultant of MBR.
Access to Services, Limited License. You are granted a nonexclusive, revocable, limited, non-transferable and non-sublicensable license to use the Services for personal, non-commercial use. Such license does not include: (a) any resale or commercial use of the Services; (b) the distribution, public performance or public display of the Services, (c) modification, revision, creation of derivative works from or otherwise making any derivative uses of the Services or any information or content therein; (d) decompilation, reverse engineering or otherwise attempting to derive the source code for the Services (except to the extent applicable laws specifically prohibit restriction of such activities); or (e) any use of the Services other than for its intended purpose.
Any use of the Services other than as specifically authorized herein, without the prior written permission of MBR, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property or other proprietary rights, whether by estoppel, implication or otherwise.
Your use of and access to the Services is subject to all applicable local, state, national and international laws and regulations, and You agree not to violate such laws and regulations in Your use of and access to the Services. In addition, You agree that: (a) You will not interfere with another user’s use and enjoyment of the Services; (b) You will not interfere with or disrupt MBR’s security measures; (c) You will not interfere with or disrupt networks connected to MBR and will comply with all regulations, policies and procedures of such networks; and (d) You will comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of Your dealings with MBR. You also agree to defend, indemnify and hold harmless MBR, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors from any loss, liability, damages and expenses (including without limitation reasonable attorneys’ fees) resulting from any claim or demand made by any third party arising out of or in connection with Your use of the Services, any User Content, Your violation of these Terms and Conditions, or Your violation of the rights of any third party.
Conduct Requirements. The Services may include features or functionality that may be used to communicate with other users of the Service or to otherwise post or transmit information or content (“User Content”). For example, the Service may allow You to send email messages or other communications to other users, or to post information to the sites of the Services. You agree to use the Services in accordance with the following conduct requirements:
You may not impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity.
You will comply with all applicable laws regarding the transmission of technical data exported from, or imported into, the United States or the country in which you reside.
MBR takes no responsibility and assumes no liability for any User Content transmitted or posted by You or any third party, or for any loss thereof or damage thereto. MBR is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. Your use of the Services and the web sites and any related features or services is at Your own risk. As a provider of interactive services, MBR is not liable for any statements, representations, information or content provided by its users in any public forum, personal home page or other location.
Although MBR has no obligation to screen, edit or monitor any information or content transmitted or posted by Service or web site users, MBR reserves the right, and has absolute discretion, to remove, screen or edit any information or content transmitted or posted on or through the Service and its web sites and any related features or services at any time and for any reason without notice.
You are solely responsible for creating backup copies of and replacing any information or content that You post or store on or through the Service or any related features or services at Your sole cost and expense. You represent and warrant that (a) you own and control all of the rights to, or otherwise have the right to transmit or post, the information and content that You transmit or post on or through the Service, the web sites and any related features or services; (b) such information and content is accurate and not misleading; and (c) use and posting of the information and content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
If You have a dispute with other users, you release MBR and hereby agree to indemnify MBR from any and all claims, demands, and damages including direct, consequential and indirect of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Disclaimer. MBR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICES OR THE USE THEREOF BY YOU TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES PROVIDED BY MBR ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. FURTHER, MBR DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR DO NOT INTERFERE WITH OTHER FUNCTIONS, FEATURES OR SERVICES ON YOUR PERSONAL COMPUTER.
YOU ACKNOWLEDGE AND AGREE THAT ADVERTISEMENTS MAY INCLUDE LINKS TO OTHER WEBSITES OR RESOURCES AND THAT MBR HAS NO CONTROL OVER (AND IS MERELY A PASSIVE CONDUIT WITH RESPECT TO) ANY ADVERTISEMENT OR SUCH LINKS TO WEBSITES OR OTHER RESOURCES THAT MAY BE SUBMITTED OR PUBLISHED BY ANY ADVERTISER OR OTHER THIRD PARTY. MBR IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH THIRD PARTY WEBSITES OR RESOURCES AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT MBR SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITE OR RESOURCE. ALL CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON OR THROUGH ANY ADVERTISEMENT, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW MBR IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY IT OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE MBR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MBR IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S).
IN NO EVENT SHALL MBR, ITS SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICES, OR ANY INFORMATION, CONTENT OR MATERIALS IN OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES EVEN IF ANY OF THOSE PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
THE LIABILITY OF MBR SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The formation, construction and interpretation of these Terms and Conditions, and Your use of the Services, shall be controlled by the laws of the State of California regarding agreements between California residents entered into and to be performed within California, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of these Terms and Conditions. Any dispute relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A. to the exclusion of any other courts elsewhere. You hereby irrevocably and unconditionally submit to the personal jurisdiction and exclusive venue of these courts and waive the jurisdiction of other courts.
If you violate these Terms and Conditions or if You engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of MBR or any third party, We may issue you a warning about the violation, or We may choose to immediately terminate or suspend any and all accounts that You have established. You acknowledge that MBR is not required to provide You notice before terminating or suspending Your access to the Services, but it may choose to do so.
If Your account is terminated, We may, but are not required to, remove some or all of Your content from our servers. Further, You understand that You shall not be entitled to any refund of fees for such termination of your MBR account or suspension of Your access to all or part of the Services.
If any provision of these Terms and Conditions is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute Your entire agreement with MBR with respect to their subject matter, and supersede any other previous written terms and any oral or promotional statements regarding such subject matter. Any waiver of enforcement of any Terms and Condition of this Agreement or any breach thereof, in any one instance, shall not constitute a waiver of such term or condition or any subsequent breach thereof. If any dispute arises under these Terms and Conditions, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
Reference or linking to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or affiliation therewith, by MBR.