Terms of Use
Last updated: [August 20th, 2020]
This Terms of Use (the “TOU”) is entered into between you and 81 Monkeys Game Studios Inc. (“81 Monkeys”) and applies to any game, website or service provided by 81 Monkeys, including but not limited to the game The Chore App (the “Game”) and other services where 81 Monkeys chooses to apply the TOU (collectively, the “Service”).
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE TOU.
1. UPDATES
81 Monkeys reserves the right to modify the TOU at any time (each, an “Update”) and shall make each Update available at 81 Monkeysgames.com, and related websites (the “Website”). You are deemed to accept any Update by continuing to use the Service. Unless 81 Monkeys states otherwise, an Update is automatically effective 30 days after posting on the Website.
2. SUBSCRIPTION, LICENSE
2.1 Subscription and License. 81 Monkeys grants you a limited, non-exclusive, non-sublicensable, non-transferrable, revocable, subscription to access the Service. In addition, if you access the Service through 81 Monkeys’s games or other software, 81 Monkeys grants you a non-exclusive, non-sublicensable, limited, revocable license to install and use such software on any computer(s) or mobile devices(s) you use.
2.2 All Subscription fees (and any other payments associated with the Service) are handled by the third party app store from which you download the Service, such as Apple (each an "App Store"), as are all Subscription cancellations. 81monkeys does not process any payments from you or make any refunds to you directly. Payments made to the App Store will be subject to the App Store's own terms and conditions which you should review carefully before activating a Subscription.
2.3 Any free trial to the Service is offered at our discretion and 81monkeys may withdraw this offer at any time.
2.4 A free trial to the Service will automatically renew as a paid subscription unless auto-renew is turned off at least 24 hours before the end of the free trial period. Please refer to your App Store terms and conditions for information on how to do this.
2.5 Monthly Subscriptions automatically renew on the same day each month (the day you subscribed), and you will be charged the applicable monthly Subscription fee by your App Store, unless cancelled in accordance with your App Store's ts&cs.
2.6 Yearly Subscriptions automatically renew on the same date of the year (the date you subscribed), and you will be charged the applicable annual Subscription fee by your App Store, unless cancelled in accordance with your App Store's ts&cs.
2.7 81monkeys (or the App Store) may immediately suspend your access to the Service if your Subscription is not paid by you until such time as the full amount has been paid. If any amount remains unpaid following our notice to you, we may end your rights under these Terms (see further information in the 'Our right to suspend your access to the Service' section below.
2.8 If the pricing of our subscriptions changes, 81monkeys and/or the App Store, will let you know in advance.
2.9 Any increase in Subscription fees will not apply to the current period (i.e. the week, month or year) of your Subscription. If you do not agree to a Subscription fee increase, remember that you can always cancel your Subscription before your next Subscription period starts – see the 'How to cancel your Subscription' section below. If you do not cancel your Subscription after receiving notice of a change in Subscription fee, you will be obliged to pay the new Subscription fee from the date on which the next Subscription period commences.
2.10 Streaming and Social Media License. Notwithstanding section 4.1, 81 Monkeys grants you a limited, non-exclusive, non-sublicensable, non-transferrable, revocable, license to publicly display 81 Monkeys games on online video streaming websites, such as youtube.com® and twitch.com®, and social media sites, such as Twitter® and Instagram® (“Social Content”). 81 Monkeys may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and 81 Monkeys will not be liable to you or any third party for any related loss incurred.
2.11 User Content License. User content includes any information that you submit, transmit or upload while using the Service and Social Content (“User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant 81 Monkeys an exclusive (non-exclusive in the case of Social Content), irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. 81 Monkeys reserves the right to review, edit, delete or block access to User Content without notice.
2B HOW TO CANCEL YOUR SUBSCRIPTION
2B.1 If you would like to cancel your Subscription to the Service, you will need to do this through your App Store account settings. Further instructions on how to do this can be found here or via your App Store.
2B.2 If you cancel your Subscription, the cancellation will take effect at the end of your then-current paid Subscription period. You will continue to be able to access the Service up until that point.
2B.3 Please note that 81monkeys does not provide credit, refunds or pro-rated billing for Subscriptions that are cancelled. All refunds will be handled in accordance with your App Store's terms and conditions. You can find further information on cancelling orders and any associated refunds on the website of the App Store from whom you purchased the Service. Please make sure you familiarise yourself with your App Store's policy on refunds before you Subscribe.
2B.4 Be aware that European Union residents normally have a right to cancel subscription agreements within 14 days of agreeing to them and to receive a refund. Please refer to your App Store terms and conditions for further information on this, and the circumstances where this may not apply.
3. ACCESS TO THE SERVICE
3.1 Age of Access. You cannot use the Service if you are under the age of 13. If you are between 13 and 18 years old, you must have the consent of a parent or guardian to use the Service.
3.2 Accounts and Login Information. Access to the Service may require you to register an account with 81 Monkeys directly or with a third party such as Facebook (each, an “Account”). In order to access an Account, you must obtain a user ID and password (“Login Information”). You shall manage and ensure the security, confidentiality and authorized use of Login Information. You are prohibited from sharing Login Information. 81 Monkeys strongly recommends that you keep your Login Information confidential. You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized. You shall notify 81 Monkeys promptly of unauthorized access or use of your Account.
3.3 Features. The Service has features that contain different types of functionality which may include gameplay, image overlays, animations, spin wheels, or other features (collectively, “Features”). Features available to you are subject to change at any time at 81 Monkeys’s sole discretion, without notice or compensation. Features available are listed in part on the Website, and may be updated on one or more occasions.
3.4 Digital Purchase and Rewards. 81 Monkeys may offer different Account types, virtual in-game currency and in-app purchases through one-time fees or a recurring fee (each, a “Digital Purchase”). Please visit the 81 Monkeys Website or browse the Game for a complete description of items available for a Digital Purchase. Upon acquiring items through a Digital Purchase, you are granted a non-exclusive, non-sublicensable, non-transferrable (except to the extent expressly permitted) right to any virtual items, rewards or benefits (“Rewards”) of a Digital Purchase only in conjunction with the Service for which such Rewards were acquired. Rewards conferred as a result of a Digital Purchase may not be lent, shared, sold, transferred or licensed to any other party without 81 Monkeys’s written consent. 81 Monkeys shall, in its sole discretion, administer Rewards and, in this capacity, control, modify and/or eliminate any or all Rewards without notice, for which you are not entitled to any refund, credit redemption or any other compensation. You acknowledge and agree that there is no value to Rewards and 81 Monkeys may revise the price of Rewards or other aspects of a Digital Purchase without notice. A Digital Purchase is final and non-refundable. Payments made for a Digital Purchase made to 81 Monkeys in connection with the Service are not investments or loans and are non-refundable. All Rewards, including Rewards conferred as a result of a Digital Purchase, remain the property of 81 Monkeys. Rewards cannot be resold online, outside of the Service, in the real world or traded for non-virtual (tangible) goods or services. You agree that resale or attempted resale of Rewards will result in 81 Monkey’s terminating your access to the Service and any Account related to the resale or attempted resale and voiding related Rewards.
3.5 Payment Renewal. For recurring fees, 81 Monkeys shall automatically charge such fees, which are non-refundable, on a monthly basis to the credit card (or other payment method) you provided to 81 Monkeys excluding applicable taxes, duties and charges, until the date you terminate such fees, your submission of a cancellation request to 81 Monkeys or 81 Monkeys’s termination of your access to the Service.
3.6 Beta Version (Early Release). The Service, including the Game, may be provided to you in an early release version (the “Beta Version”). If you use or access the Beta Version, you acknowledge and understand that the Service may not work as intended and Features may be very different from Features 81 Monkeys aspires to include in the future. Bugs, incomplete Features, or faults may be present in the Beta Version and you use the Service at your own risk. 81 Monkeys does not guarantee that the Service will be completed or completed in any particular way, including the scope and Features of the Service. Given the developmental nature of the Beta Version, you agree that it is your sole responsibility to back-up your data and take other appropriate measure to protect your programs and data.
4. USE OF THE SERVICE
4.1 Authorized Use. When using the Service, you may not:
a. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;
b. alter, change or circumvent security related aspects of the Service;
c. use any automated system (bot, spider, etc.) to access the Service;
d. reproduce, rearrange, modify, change, alter, translate, create derivative works from, display, perform, publish, or distribute the Service;
e. break, disrupt or attempt to break or disrupt any device used to support the Service or a user’s experience or knowingly exploit a flaw or bug in the Service;
f. violate any rules associated with online forums related to the Service, or violate the instructions of any authorized moderators on any forum;
g. store or transmit material that is infringing, libellous, unlawful or in violation of any person’s rights;
h. harass, abuse, stalk, threaten or impersonate any person;
i. sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by 81 Monkeys;
j. promote, encourage or undertake illegal activity or communicate, link to, post, submit or upload content that contains objectionable or offensive conduct; or
k. infringe or violate third-party rights including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information,
as determined by 81 Monkeys in its sole discretion.
4.2 Suspension and Termination. 81 Monkeys may suspend or terminate your access to the Service and/or Account, without notice or compensation to you, at any time for any reason (or for no reason) including but not limited to technical issues or non-compliance with the TOU. 81 Monkeys has sole discretion to lift a suspension or reverse a termination. Your access to the Service and/or your Account, automatically terminates upon the earliest of the date: (a) you or 81 Monkeys terminates access to your Account; or (b) of your non-compliance with the TOU.
4.3 Privacy Policy. Use of the Service is governed by a Privacy Policy detailing how 81 Monkeys collects, uses and discloses personal and anonymous data about you and is available on the Website. If at any time you disagree with the Privacy Policy, you must immediately stop use of the Service and contact 81 Monkeys by at the address provided below.
5. PROPRIETARY RIGHTS
5.1 Ownership and Rights. 81 Monkeys retains all right, title and interest in the Service, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade names and trade secrets, and in Features or modifications to the Service. The TOU does not convey any right, title or interest in, or constitute the sale of any right to, the Service, any related software, or Account.
5.2 Feedback. You may provide 81 Monkeys with comments, recommendations, advice, ideas, submissions, forum posts, or other information (“Feedback”). By providing Feedback, you represent and warrant that all consents, licenses and rights necessary to license Feedback to 81 Monkeys are obtained and hereby grant 81 Monkeys an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to Feedback under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums without attribution, notice, permission, royalty or payment. 81 Monkeys is under no obligation to review or act upon any Feedback that you may provide.
5.3 DMCA. 81 Monkeys responds to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”). If you wish to make a DMCA claim, you must provide the following information in writing in your DMCA notice:
a. identify the copyrighted work that you claim has been infringed;
b. identify the material claimed to be infringing and where it is located;
c. provide reasonably sufficient information to allow 81 Monkeys to contact you, such as your address, phone number and e-mail address;
d. provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
e. provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and
f. provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
81 Monkeys may provide you notice if your communication, post, submission or upload was removed as a result of 81 Monkeys receiving a DMCA notice from a copyright owner. If you receive notice from 81 Monkeys, you may provide a counter-notification in writing to 81 Monkeys’ designated DMCA agent through the means provided below.
DMCA notices can be sent to 81 Monkeys by emailing support@81monkeys.com or by mail:
2609 East Rd. Anmore, BC, Canada V3H5G9
6. DISCLAIMER, LIMITATION OF LIABILITY
6.1 DISCLAIMER. THE SERVICE IS PROVIDED TO YOU “AS IS” AND 81 MONKEYS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, 81 MONKEYS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS OR MOBILE DEVICES, RESULT IN LOST DATA, OR BE SECURE AGAINST UNAUTHORIZED ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY 81 MONKEYS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
6.2 LIMITATION OF LIABILITY. 81 MONKEYS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SERVICES INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES. TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT APPLICABLE IN YOUR JURISDICTION, ANY CLAIM THAT YOU MAY HAVE AGAINST 81 MONKEYS MUST BE COMMENCED NO LATER THAN 6 MONTHS AFTER THE DAY ON WHICH THE CLAIM IS DISCOVERED OR OUGHT TO HAVE BEEN DISCOVERED BY YOU.
6.3 MAXIMUM AGGREGATE LIABILITY. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD 81 MONKEYS FROM LIABILITY, YOU AGREE THAT 81 MONKEYS’S MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE TOTAL AMOUNT PAID BY YOU TO 81 MONKEYS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.
7. GENERAL
7.1 Governing Law. The TOU and Privacy Policy are governed by the laws of the province of British Columbia and the laws of Canada, without reference to principles of conflicts of laws. The parties irrevocably attorn to the jurisdiction of the appropriate provincial and federal courts of the province of British Columbia to hear any proceedings related to the TOU or Privacy Policy.
7.2 Severability and Waiver. If any provision of the TOU or Privacy Policy is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of the TOU in full force and effect. No failure or delay by a party in exercising any right, power or remedy under the TOU constitutes a waiver.
7.3 Assignment. 81 Monkeys may assign the TOU without your consent or notice to you. You cannot assign the TOU.
7.4 Survival. Sections 2.3, 5, 6, and 7 survive termination of the TOU.
7.5 Entire Agreement. The TOU, together with the Privacy Policy, constitute the entire agreement between you and 81 Monkeys with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.