PLEASE READ THESE TERMS OF SERVICE ("Agreement") CAREFULLY BEFORE USING OUR SERVICES. Monarc Gaming Labs ("Monarc," "we," "our" or "us") operates websites (collectively, the "Site"), provides various apps, games and social networks (the "Apps"), and offers certain other features, content, or contests from time to time (collectively, "Additional Features") (the Site, Apps, and Additional Features shall hereinafter sometimes be collectively referred to as the "Services"). This Agreement includes our policy for acceptable use of our Services and governs your rights, obligations and restrictions regarding your use of our Services. You are only authorized to use our Services if you agree to abide by all applicable laws and this Agreement. Monarc Gaming Labs includes its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS OR USE OUR SERVICES. By accessing or using our Services, you represent and agree that you are at least 13 years old or older, and that if you are between 13 and 18 years old, your parent or legal guardian has reviewed and agrees to the terms of this Agreement.
We may modify this Agreement from time to time, without any liability to you. We will notify you of any revisions to this Agreement in accordance with Section 24 below. Such modifications shall be effective thirty (30) days after posting unless stated otherwise. Notwithstanding the foregoing, you will be deemed to have agreed to any such modifications by your further use of our Services after any such modification is posted. It is important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of our Services immediately.
In order to access some features of our Services, you may be required to register an account (an "Account") with us. You may also need an account with a social network and/or an account with the company/platform that provides your mobile applications.
You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated. You are solely and fully responsible for keeping confidential your Account password. You agree to accept full responsibility for all activities that occur within your Account, including any and all activities that are conducted through the use of your login details, whether or not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your Account. Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, "Monarc Providers") due to such unauthorized use.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of our Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of our Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of our Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement. You also understand and acknowledge that if you delete your account, or if we terminate and/or delete your account in accordance with these terms, you may lose access to any data previously associated with your Account (including, without limitation, the level or score you have reached in our Services and any Virtual Items associated with your Account).
Some aspects of our Services require the payment of fees. You agree to pay all fees, charges and taxes that you incur. Unless otherwise noted, all currency references are in U.S. dollars. Monarc may at any time, upon notice if required by applicable laws, change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Monarc may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting on our Service.
If you have elected to make a purchase on our Services, including for any Virtual Items (as defined in Section 5 below), upon your acceptance of this Agreement and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges, plus any applicable taxes we are required to collect, and you authorize us to do so. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
If you purchase third party currency or choose to make a payment in our Services through a third party (like Facebook, Apple, or Google), you are agreeing to the third party’s payment terms, and Monarc is not a party to the transaction.
Your purchase of any App, Virtual Item or other content through our Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving our Services by any local, state, federal or international law.
We allow you to “register” with us by using Facebook Connect, Google, or other SNS authentication options. This is important to note as your purchase of Virtual Items may NOT be recognized or maintained when you log out from our Services after engaging in the Services using the “Guest Mode;” or you delete your account after engaging in the Services without registration or using the “Guest Mode;” or you replace your mobile device after engaging in the Services without registration or using the “Guest Mode.” Monarc will NOT be responsible for the lost Virtual Items purchased using the “Guest Mode.”
We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase ("Purchaser Errors"). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through our Services. Please read the system requirements very carefully before making any purchases.
YOU ACKNOWLEDGE THAT MONARC IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, SUSPENDED, OR DEACTIVATED, WHETHER SUCH ACTION WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH US OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
Some aspects of our Services may allow you to "earn" or "purchase" a limited license to (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in our Services; (b) virtual in-game items; or (c) certain in-game benefits (collectively, "Virtual Items"). YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL ITEMS HAVE NO REAL WORLD VALUE AND CANNOT BE REDEEMED FOR ACTUAL CURRENCY, GOODS OR OTHER ITEMS OF MONETARY VALUE, INCLUDING IN THE EVENT THAT YOU HAVE UNUSED VIRTUAL ITEMS REMAINING IN YOUR ACCOUNT AT THE TIME YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR NOT.
All sales of virtual items are final. No refunds will be given, except in our sole and absolute discretion. The purchase of any Virtual Item is merely the purchase of a limited personal revocable license to use the Virtual Item exclusively in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for "real money," goods or any other exchange outside of our Services. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from our products and services, and/or legal action.
We reserve the right to control, regulate, change or remove any Virtual Items in our sole discretion and without any liability to you. We reserve the right to charge fees for the right to access or use Virtual Items, and we may revise the perceived value or pricing for any Virtual Items. We may also decide to distribute Virtual Items without charge, at our sole discretion.
Virtual Items purchased on other platforms such as Facebook, Apple iOS, or Android will be subject to those platforms’ payment terms and conditions. We do not control how you can pay on those platforms. Please review those platforms’ terms of service for additional information.
You, as a user, agree to use our Services only for lawful purposes. Specific prohibited activities include, but are not limited to:
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to our Services.
If you access the Service from a social network or download the Service from another platform, such as Apple or Google, you must also comply with its terms of service/use as well as this Agreement.
With the exception of content posted by users of our Services ("User Content"), all materials contained on our Services, including all content, the Virtual Items and the software, graphics, text and look and feel of the sites, and all trademarks, copyrights, patents and other intellectual property rights related thereto ("Proprietary Materials"), are owned or controlled by Monarc, our Affiliates, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of our Services, in whole or in part.
Subject to your compliance with this Agreement and any other relevant policies related to our Services, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations herein to access and use our Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of our Services. You agree not to use the Service for any other purpose. As referenced above, even though you may buy Virtual Items with "real world" money, you do not, in fact, "own" such items. By making such a purchase, you are merely being granted a license to use such Virtual Items in the applicable Apps or other Services for which such Virtual Items can be used. The Virtual Items have no real world value and are not in any way a credit or balance of real currency or its equivalent. In no event can any Virtual Items be redeemed for actual, "real world" currency. We have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights.
We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Items (defined below), without any liability to you.
You are prohibited from posting on or transmitting through our Services (e.g., through uploaded content, a chat or user forum, online review or comment posted through our Services) any content that infringes upon a third party's intellectual property rights or is defamatory, damaging, illegal, or offensive. Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on our Services any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner's legal agent.
By submitting content or materials ("Your Content") to us through our Services, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us and our designees, or warrant that the owner of such content has expressly granted us and our designees, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, edit, adapt, modify, prepare derivative works of, copy, perform, display, distribute, host, store, market, advertise and sell Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a sweepstakes/contest or including you in leaderboards. You also hereby grant each user of our Services a non-exclusive license to access Your Content through our Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of our Services and under this Agreement.
The foregoing is subject to the provision regarding Unsolicited Submissions below. Subject to these grants, you retain any and all rights which may exist in Your Content. We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the rights or property of Monarc and our officers, directors, employees and agents; or (iv) to protect Monarc, the Monarc Providers and any other user.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by our Services and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on our Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
We have no obligation to monitor content appearing in our Services and we are not responsible for monitoring our Services for inappropriate or illegal content or conduct by other users. However, we retain the right, in our sole discretion, to edit, refuse to post, or remove any content. We may also, at our discretion, monitor and/or record your interaction with our Services or your communications with Monarc or other users (including without limitation chat text and voice communications) when you are using our Services.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any content, including User Content, in whole or in part.
We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of Monarc. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Monarc, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.
The Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on our Services in a way that may constitute copyright infringement, you may provide notice of your claim to Monarc’s Designated Agent below. For your notice to be effective, it must include the following information:
Moarch's Designated Agent is:
Monarc Gaming Labs
Attn: Intellectual Property Agent
1735 Stewart Street
Santa Monica, CA 90404
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys‘ fees) if you materially misrepresent that Your Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a written communication sent to Monarc’s Designated Agent identified above that sets forth the following items:
Our Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of our Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to our Services, is prohibited.
When you use our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through our Services. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
Our Services, including certain Apps, may contain links to websites operated by third parties, including in-App advertisements. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
Our Services may enable you to order and receive products, information and services from third parties that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for our Services. In addition, our Services may prompt you to establish an account with a third party not owned or operated by us. Your agreement and understanding with any such third party is solely between you and such third party. We will not be a party to or in any way be responsible for your agreement with such third-party. Any disputes you may encounter with such third party shall be settled solely between you and such third party.
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CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
You are subject to all laws of the jurisdiction in which you reside and from which you access our Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your access to our Services. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through our Services nor shall any person affiliated, or claiming affiliation with our Services have authority to make any such representations or warranties.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether Section 16 (Binding Arbitration) can be enforced and how it should be interpreted.
Apart from that, this Agreement and our relationship will be governed by California law, except for its conflicts of laws principles. Judicial proceedings must be brought in state or federal court in Los Angeles, California, unless we both agree to some other location. You and Monarc both consent to venue and personal jurisdiction in Los Angeles, California.
Any claim or cause of action arising out of or related to use of our Services or this Agreement must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
Most concerns can be solved quickly by contacting us at our customer center. In the unlikely event that we cannot solve your concern, you and Monarc agree to submit any disputes relating to our Services that involve a claim of less than US$5,000 ("Small Claims") exclusively to a binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes, of which copies are available at www.adr.org. In addition, you and Monarc agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You agree to indemnify and hold Monarc, Monarc Providers, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement is deemed accepted upon any use of any of our Services. This Agreement constitutes the entire agreement between you and us regarding the use of our Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefor. However, we may transfer or assign all or a part of our rights or responsibilities under this Agreement to any person or entity without your consent.
The provisions of Sections 4, 5, 7, 8, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21 and all representations by you hereunder, will survive any termination of this Agreement.
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
We may notify you by posting(s) made on our Site, in an App, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to Monarc required according to this Agreement must be in writing and addressed to Monarc Gaming Labs, 1735 Stewart Street, Suite B, Santa Monica, CA 90404 unless we have provided a more specific method way of notifying us.
Under California Civil Code Section 1789.3, users of our Services in California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210,
Subject to the other provisions of this Agreement, Monarc will attempt to help you with any queries or problems that you may have with our Services or any of your purchases through our Services. To reach our customer support team, please e-mail us at email@example.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
If you have any questions about these terms or our Services generally (other than any technical or purchase issues) you may contact us at firstname.lastname@example.org