Last Updated: 3/3/2024
Monkey Empire is a distributed game application that runs on the Blockchain network(s) network, using specially-developed smart contracts (each, a "Smart Contract") to ultimately enable users to own, transfer, purchase, store, and engage in sales of unique digital assets, which can then be visualized on a website (the "Site") and Monkey Empire game application (the "Monkey Empire Client") that the user can interact with. The Monkey Empire Client, smart contracts, and the Sites are collectively referred to in these Terms as the "App(s)" hereafter. Using the Apps, users can view their digital assets and use the Smart Contracts to transact.
Monkey Empire OU, Monkey Empire OU, subsidiaries, joint ventures, or other companies under common control are collectively referred to in these Terms and Privacy Policy as the "We" or "Us" hereafter. We are making the Apps available to you. Before you use the App, the Smart Contracts, or the Site, however, you will need to agree to these Terms of Use and any terms and conditions incorporated herein by reference (collectively, these "Terms").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APPS. THESE TERMS GOVERN YOUR USE OF THE APPS UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE APPS AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APPS OR ANY PART OF THEM, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS.
YOUR CONTINUED USE OF THE APPS CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND ANY FUTURE REVISIONS.
"Monkey Empire Arena" (the "MKC") for the purposes of this Term shall be defined as a cryptocurrency on the Ethereum blockchain that represents the Monkey Empire game community and its ecosystem and is used across the Apps. Click to learn more about MKC.
"NFT" for the purposes of this Term, shall refer to a non-fungible token, which is a unique digital asset recorded on a blockchain, representing ownership of a specific item, artwork, or digital content, and cannot be exchanged on a one-to-one basis with another token due to its distinct characteristics and individual value.
"Account(s)" or "Game Account(s)" for the purposes of this Term, shall encompass any credential registered by you with the Apps for the purpose of accessing the Apps. You must expressly acknowledge that the Account is intended for the exclusive use of a single individual and shall not be shared with or accessed by more than one individual.
"Wallet" or "Blockchain Wallet" for the purposes of this Term, shall mean a digital wallet that allows individuals to securely store, manage, and transact various types of cryptocurrencies or digital assets on a blockchain network. It operates by generating and storing private keys that enable the wallet holder to access and control their digital assets on the blockchain. The blockchain wallet facilitates the creation and signing of transactions, providing a secure and decentralized method for users to interact with their cryptocurrencies or digital assets while maintaining control over their private keys.
"Wallet Address(es)" or "Public Address(es)" for the context of this Term shall refer to unique public address(es) comprising alphanumeric characters that are commonly employed as identifiers on a blockchain network. These Public Addresses serve as cryptographic representations of digital wallets, enabling the receipt and transmission of various cryptocurrencies or digital assets. It is crucial to note that any transactions conducted through the Wallet Addresses must be controlled and executed exclusively by an individual who possesses and retains control over the associated private keys.
A. The development of our initial generation of Monkey Empire CONTINENT (the "Genesis Continent") has been facilitated through the use of Smart Contracts. To make the in-game NFTs available, we have issued a restricted quantity for sale. These in-game NFTs can be acquired through the Apps and/or other platforms. Each sales transaction conducted within the APPS and/or other platforms may entail a fee to be paid by the purchaser. The said fee will be automatically applied as an integral part of the sales transaction on the blockchain network.
B. The Smart Contracts keep complete and transparent provenance of all in-game NFTs on the continent and/or other tokenized digital assets, which means that we cannot manipulate or influence them. The in-game NFT and other similar assets will be tokenized on the blockchain so that they will have provable scarcity and proof of ownership. (the "NFT")
C. We reserve the right, at our sole discretion, to award prizes to in-game NFT owners and high-performing players in the form of in-game assets based on their contribution and performance, respectively. We also reserve the right to cancel, moderate, or modify the type and quantity of prizes, subject to regulatory developments in relevant jurisdictions.
A. Transactions that take place on the Apps are managed and confirmed via Ethereum and/or other similar blockchain technologies (the "Blockchain network(s)"). You understand that your public address will be made publicly visible whenever you engage in a transaction on the App.
B. We neither own nor control MetaMask, Coinbase, Google Chrome, blockchain network, or any other third-party sites, products, or services that you might access, visit, or use for the purpose of enabling you to use the various features of the App. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
C. You may be required to register with the Apps by providing the required identifier and a password. It is your responsibility to maintain the confidentiality of the identifier and the password, and you will be held accountable for all activities conducted using your Account. We reserve the right to remove, reclaim, or alter any chosen username if we deem it inappropriate, obscene, or objectionable in our sole discretion. In the event of any unauthorized use of your password or Account, you agree to promptly notify us at info@monkeyempire.com.
Additionally, the Apps do not permit the replacement, modification, or alteration of the registered email address.
D. For the avoidance of doubt, the term "Account" shall encompass any credential registered by you with the Apps for the purpose of accessing the Apps. You must expressly acknowledge that the Account is intended for the exclusive use of a single individual and shall not be shared with or accessed by more than one individual.
E. For the scope of this Term, the safeguarding of the Apps and its users' integrity and equity necessitates that any "Wallet" using the Apps shall unequivocally belong to an individual who possesses and retains control over the private key associated with the Wallet. Additionally, it is explicitly mandated that the Wallet holder is prohibited from connecting the Wallet with Game Accounts other than those directly under their control. To clarify, the ownership of the Wallet or its Wallet Address and the connected Game Accounts must match at all times.
By accessing or using the Apps, you hereby acknowledge and agree to utilize them solely for their intended purpose as defined and provided by us. Any utilization of the Apps in connection with commercial activities or abusive endeavors is strictly prohibited, unless such usage is explicitly endorsed, officially offered, and approved by us in writing (the "Prohibited Activities"). It is essential to note that the list of activities presented herewith is intended to serve as illustrative examples and shall not be deemed exhaustive, thereby not limiting the scope of other prohibited actions.
A. If you elect to purchase, store, engage or interact with in-game NFT or OTHER ASSETS on the Apps, or with or from other users via the Apps, any financial transactions that you engage in will be conducted solely through the Blockchain network(s). We will have no insight into or control over these payments or transactions, nor do We have the ability to reverse any transactions. With that in mind, We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Apps or any other transactions that you conduct via the Ethereum network or other blockchain entities.
A. You acknowledge and agree that We (or, as applicable, our licensors) own all legal rights, title, and interest in and to all elements of the Apps, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with them), design, systems, methods, information, computer code, software, services, "look and feel", organization, a compilation of the content, code, data, and all other elements of the Apps are owned by us, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly set forth herein, your use of the App does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Apps. We reserve all rights in and to the Materials not expressly granted to you in the Terms.
B. You may choose to submit comments, bug reports, ideas, or other feedback about the Site or the Apps, including without limitation about how to improve the Apps (collectively, "Feedback"). By submitting any Feedback, you agree that We are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
C. You acknowledge that you are responsible for your own conduct while accessing or using the Apps, and for any consequences thereof. You agree to use the Apps only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Apps any content that infringes the intellectual proprietary rights of any party; (v) use the Apps to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users' enjoyment of the Apps; (viii) exploit the Apps for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Apps; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the apps or any part of it; (xi) reformat or frame any portion of the Apps; (xii) display any content on the Apps that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App or the content posted on the Apps, or to collect information about its users for any unauthorized purpose; (xiv) create user Accounts by automated means or under false or fraudulent pretenses; (xv) use any cheats, hacks, or any other unauthorized techniques or unauthorized third-party software to cheat in any competition or game that may be offered on the Apps, or to otherwise disrupt or modify the Apps or the experience of any users on the Apps; or (xvi) access or use the App for the purpose of creating a product or service that is competitive with any of our products or services.
You shall have a right to terminate your Account at any time by canceling and discontinuing your access to and use of the Apps.
You acknowledge and agree that We reserve the right, at its sole discretion and without any obligation to provide a reason, to terminate these Terms and suspend and/or terminate your Account(s) for the Apps. Such suspension or termination of your access to the Apps may occur without prior notice, and We shall not be held liable to you or any third party for any such action. In the event that We suspend or terminate your Account(s) due to your breach of these Terms, engagement in Prohibited Activities, or suspicion of fraudulent, abusive, or illegal activities, the termination of these Terms shall be in addition to any other remedies available to us in accordance with applicable laws and equitable principles.
Pursuant to Section 3(E), you acknowledge that your Account(s) may be subject to suspension or termination in the event that We suspend or terminate one or more Account(s) associated or connected with the same Blockchain Wallet to which your Account(s) is linked, due to any breach of these Terms or engagement in Prohibited Activities.
Upon any termination or expiration of your Account, whether by you or us, you may no longer have access to information that you have posted on the Apps or that is related to your Account, and you acknowledge that We will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Upon termination of your Account, your right to use the Apps will immediately cease. You will not receive any refunds if you cancel your Account, or if these Terms are otherwise terminated.
The following provisions of these Terms survive any termination of these Terms: THE APP; FEES AND PAYMENT; OWNERSHIP; RESTRICTIONS; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK; INDEMNIFICATION; EXTERNAL SITES; CHANGES TO THE APP; DISPUTE RESOLUTION; REFUNDS; ADVERTISER; INTELLECTUAL PROPERTY; GENERAL INFORMATION.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APPS IS AT YOUR SOLE RISK, AND THAT THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APPS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE APPS WILL BE ACCURATE, (IV) THE APPS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APPS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BLOCKCHAIN NETWORK(S) OR ANY OTHER ELECTRONIC WALLETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM NETWORK, OR OTHER SIMILAR BLOCKCHAIN NETWORK(S) AND THEIR ELECTRONIC WALLETS.
D. LEAGUE OF KINGDOMS ASSETS AND in-game NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK(S). ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
E. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BLOCKCHAIN NETWORK(S) OR OTHER ELECTRONIC WALLETS, INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN NETWORK(S), INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
A. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE APPS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE LESSER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE APPS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE APPS TO YOU WITHOUT THESE LIMITATIONS.
D. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT RESIDE IN A REGION THAT EXPLICITLY BANS THE USE OF LOOT BOXES IN GAMES IN ACCORDANCE WITH GAMBLING LAWS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
E. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING FROM OUR DISCRETION TO AWARD PRIZES, CANCEL, MODERATE, OR MODIFY THE TYPE AND QUANTITY OF PRIZES, OR ANY OTHER ACTIONS WE TAKE WITH RESPECT TO THE PRIZES, INCLUDING BUT NOT LIMITED TO MKC, OTHER DIGITAL CURRENCIES, TOKENS, AND/OR IN-GAME ASSETS.
A. Monkey Empire allows the use of Ethereum or other similar blockchain technologies. You acknowledge and agree that Ethereum and other similar blockchain technologies and associated, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology, and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing an impact on any activities taking place on Blockchain network(s). You acknowledge and agree these risks represent that We cannot be held liable for changes and fluctuations in value or increased costs.
B. You are solely responsible for determining what if any, taxes apply to your Monkey Empire-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Apps.
C. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that We will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Blockchain network(s), however, caused.
E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Monkey Empire ecosystem, and therefore the potential utility or value of your assets.
F. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Monkey Empire ecosystem, and therefore the potential utility or value of assets.
G. Upgrades or changes in how transactions are confirmed on the blockchain platform may have unintended, adverse effects on all blockchain applications, including the Monkey Empire ecosystem.
You shall release and indemnify, defend, and hold harmless our parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the apps, your violation of these Terms of Use, and any of your acts or omissions. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate with us in the defense of such matter.
The App may include hyperlinks to other websites or resources (collectively, "External Sites"), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that We are not responsible for the availability of any External Sites and that We do not endorse any advertising, products, or other materials on or made available from any External Sites, applications, or resources, and do not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
We may make changes to the Terms from time to time. When We make changes, We will make the updated Terms available on this page and update the "Last Updated" date at the beginning of these Terms accordingly. Please revisit these Terms periodically to stay aware of any changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the App after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Apps.
You affirm that you are over the age of 18, as the App is not intended for children under 18. IF YOU ARE UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD UNDER 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Our Privacy Policy describes the ways We collect, use, store, and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us. All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Apps, will be referred to and finally resolved by arbitration under the rules of the Singapore International Arbitration Centre. The appointing authority will be the Singapore International Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the Singapore International Arbitration Centre in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings; The place of arbitration will be Singapore. You may choose to have the arbitration conducted by telephone, based on written submissions. The language of the arbitration will be English. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, We may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE APP, THE SITE, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE APP, THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY 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.
A. Due to the irrevocable nature of the blockchain, and our lack of control over user assets, We are unable to offer refunds on any purchases that are related to on-chain assets.
For purposes of this Agreement, the term "on-chain assets" means assets minted and written on the blockchain, including but not limited to Non-Fungible Tokens and other similar technologies, duly transferred to another blockchain public address or wallet.
"Non-Fungible Tokens" (the "NFTs")means non-fungible, cryptographic tokens, assets, or other such term describing an asset on a Blockchain possessing unique identifiers or other metadata that distinguishes such asset from other tokens or assets on a Blockchain in a manner that makes such asset irreplaceable and unable to be exchanged for a similar token or asset of like kind or nature.
B. In the event that you have made an unintended purchase of a digital asset in the game that is not an on-chain asset, you may request a refund by following the 3-step process outlined in section C
C. Through a 3-step process (i.e., purchase -- unpack -- confirm), the buyer has consented to purchase and consume the digital product for the buyer's use of the service provided in the game. The 3-step process also involves a clear alert pop-up message that warns any user that unpacking any purchased item would be non-refundable and irreversible. Any purchased item would remain refundable until the item is unpacked through the user clicks the specific item and confirms the unpacking, which cannot be performed accidentally or by mistake. The game system maintains an evident history of any purchase and usage of a product and its timestamp.
D. To request a refund, you must provide evidence that the purchase was unintended, such as a screenshot or other documentation showing that the purchase was made by mistake to the payment service provider that you used to make the payment, or to Us for the on-chain purchases. We reserve the right to refuse a refund request if We determine, in our sole discretion, that the request is fraudulent, malicious, or otherwise invalid.
E. We may choose to grant loyalty rewards in the form of, but not necessarily limited to, cryptocurrencies or any similar digital representation of value, or in exchange for virtual goods and/or services or any similar thing within the apps.
We may allow advertisers to display their advertisements and other information in certain areas of the Apps such as, but not necessarily limited to sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Apps, and any services provided on the Apps or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Apps, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and We have no other relationship with the advertisers.
Unless otherwise indicated, the Apps are our proprietary property, and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Site and the Apps (collectively, the "Content") and trademarks, service marks and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of The Singapore, foreign jurisdiction and international conventions. Except as expressly provided in these Terms of Use, no part of the Apps and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Apps, you are granted a limited license to access and use the Apps or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights in and to the Materials not expressly granted to you in the Terms.
These Terms constitute the entire legal agreement between you and us, govern your access to and use of the App, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Apps, whether oral or written. There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms will be governed by and construed in accordance with the laws of Singapore applicable therein, excluding its conflicts of law rules and principles. Subject to Section 14, any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Singapore, and the parties irrevocably consent to the personal jurisdiction and venue there. We will not be liable for any failure or delay performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that We may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the Apps. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
Monkey Empire Pte. Ltd.