Terms of Service
MONKEY STRENGTH PRODUCTIONS TERMS OF SERVICE
PLEASE NOTE: SECTION 20 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MONKEY STRENGTH PRODUCTIONS. PLEASE READ IT.
These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or Con Man Game Account to access, install or play as well as any Con Man Game Account you use to access online or mobile products or services (“Con Man Game“) offered by Monkey Strength Productions or any of its subsidiaries and affiliates (collectively, “Con Man“) for PC, game system or mobile device.
These terms are an agreement between you and Monkey Strength Productions, 805 Los Angeles Ave, Los Angeles CA 94065. If additional terms and/or agreements apply to the Con Man Game used by you, those additional terms and/or agreements govern your use of Con Man Game Account as well.
You agree to check terms.conmantheseries.com periodically for new information and terms that govern your use of Monkey Strength Productions Services. Monkey Strength Productions may modify the Terms of Service at any time. Revisions to terms affecting existing Con Man Accounts shall be effective thirty (30) days after posting at conmantheseries.com/service. Terms for new Con Man Game are effective immediately upon posting at conmantheseries.com/service. Monkey Strength Productions will not enforce material changes to this Agreement against account holders absent express agreement to the changed terms.
Table of Contents
- Con Man Account
- Use of Content and Entitlements/General License Restrictions
- Content and Entitlement Availability
- Contributing Third Party Content to Con Man Game
- UGC License Grant to Con Man and Others
- Con Man Virtual Currency
- Termination of Con Man Game
- Cancellation of your Account
- Rules of Conduct
- Services Not Controlled By Con Man
- Software, Utilities and Tools
- Export Control Laws
- Updates to Con Man Game
- Limitations on Warranty and Liability
- Links to Third-Party Sites
- General Terms
- Dispute Resolution By Binding Arbitration
- Entire Agreement
- Notice to California Residents
- Supplemental Terms
- Con Man Account
A Con Man Account (“Account”), may be required to access and use some Con Man Services. If you have questions about Account registration, please contact us by visiting conmantheseries.com/contact.
To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Con Man Service for which you are registering. In addition, some Con Man Services may require creation of a “user name” or a “persona” to represent you in game and online. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Monkey Strength Productions will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
“Content” on Con Man The Game includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from Con Man The Game, as well as the design and appearance of our websites. Content includes user-generated Content (“UGC”). UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to Con Man The Game. Con Man Content and UGC collectively shall be referred to as “Content.” All Content–with the exception of UGC discussed below in Section 6 and 7–is owned by Monkey Strength Productions or its affiliates, subsidiaries, licensors or suppliers. You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on Con Man The Game.
“Entitlements” are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of Con Man The Game and/or products. Entitlements include but are not limited to paid and free downloadable content; unlockable content; digital content, including additional or enhanced functionality, content subscriptions; virtual assets; rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind; in-game achievements; virtual points, coins, or currencies (each individually or collectively defined as “Con Man Virtual Currency”).
- Use of Content and Entitlements/General License Restrictions
Monkey Strength Productions grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional Terms applicable to the Con Man The Game accessed by you. Content and Entitlements and all other intellectual property rights in or on Con Man The Game as well as the products and services offered through Con Man The Game, are owned by Monkey Strength Productions or Monkey Strength Productions’ third party licensors and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy, access, or download any Content and/or Entitlements from a Con Man The Game unless you are expressly authorized to do so. In addition, unless expressly authorized by Monkey Strength Productions, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other applicable Terms.
Monkey Strength Productions reserves all right, title and interest in any Content, Entitlements, Con Man The Game and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of Monkey Strength Productions and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on Con Man The Game may result in the termination of your Account(s), prohibition on use of Con Man The Game, and further legal action as set out in Section 9 below. Content and/or Entitlement owners may take legal action against you for unauthorized use of intellectual property.
- Con Man The Game, Content and Entitlement Availability
Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from Monkey Strength Productions or an authorized retailer. Monkey Strength Productions reserves the right to refuse your request(s) to acquire Entitlements, and Monkey Strength Productions reserves the right to limit or block any request to acquire Entitlements for any reason.
We do not guarantee that any Con Man The Game, Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services, subject to any rights of return you may have under Section 16 or under any applicable consumer law in your territory.
- Contributing UGC to Con Man The Game
Monkey Strength Productions does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to Con Man The Game. You are solely responsible for your UGC and may be held liable for UGC that you post.
Monkey Strength Productions respects the intellectual property rights of others. You must have the legal right to upload UGC to Con Man The Game. You may not upload or post any UGC on Con Man The Game that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party’s right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. Monkey Strength Productions may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of Monkey Strength Productions’ or a third party’s intellectual property or other rights, Monkey Strength Productions may terminate your Account without notice to you. If your Account(s) is/are terminated under this paragraph, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.
Monkey Strength Productions reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when Monkey Strength Productions determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in Monkey Strength Productions’ sole and final discretion. To the maximum extent permitted by applicable law, Monkey Strength Productions does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.
- UGC License Grant to Monkey Strength Productions and Others
When you contribute UGC to Con Man The Game, you expressly grant to Monkey Strength Productions and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Monkey Strength Productions and its licensors all licenses, consents and clearances to enable Monkey Strength Productions and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.
If the Con Man The Game on which you contribute UGC permits other users to access and use that UGC as part of the Monkey Strength Productions Service, then you also grant all other users of the relevant Monkey Strength Productions Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through relevant Con Man The Game without further notice, attribution or compensation to you.
- Con Man Virtual Currency
Certain Con Man The Game Services may make virtual points, coins, or currencies (“Con Man Virtual Currency”) available in-game. By purchasing, earning, or otherwise receiving Con Man Virtual Currency from Monkey Strength Productions or Monkey Strength Productions’ approved partners or affiliates, you obtain a personal, limited, non-assignable, revocable license to access and select from the content that Monkey Strength Productions expressly makes available within the applicable Con Man The Game.
Con Man Virtual Currency has no monetary value and does not constitute currency or property of any type. Con Man Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it may only be redeemed for Con Man In-Game Content. Con Man Virtual Currency is non-refundable unless expressly authorized by Monkey Strength Productions in writing or otherwise required by law.
- Termination of Monkey Strength Productions Services
Monkey Strength Productions may terminate access to Con Man The Game, or parts of such Con Man The Game, at any time by giving you notice of such termination within the time period specified when you joined the particular Con Man Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at Monkey Strength Productions’ discretion) provided to you via email or is posted on the applicable product or Con Man The Game or on http://www.conmantheseries.com/game.
Monkey Strength Productions may also terminate access to Con Man The Game for violation of this Terms of Service, if Monkey Strength Productions (in its sole discretion) deems that your use of Con Man The Game renders Con Man The Game less safe for others and/or minors or for illegal or improper use of Con Man The Game, Content, Entitlement, products, or Monkey Strength Productions’ Intellectual Property as determined by Monkey Strength Productions in its sole discretion. You may lose your user name and persona as a result of termination. If you have more than one (1) Account, Monkey Strength Productions may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to Con Man The Game accessed by you, Monkey Strength Productions may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all Monkey Strength Productions Services or certain Con Man The Game. You acknowledge that in such an instance Monkey Strength Productions is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Con Man The Game services or selectively removing, revoking or garnishing Entitlements associated with your Account. If Monkey Strength Productions terminates your Account, you may not participate in a Con Man The Game Service again without Monkey Strength Productions’ express permission. Monkey Strength Productions reserves the right to refuse to keep Accounts for, and provide Con Man The Game to, any individual. You may not allow individuals whose Accounts have been terminated by Monkey Strength Productions to use your Account.
Please note, Monkey Strength Productions considers notification of a chargeback to a payment made from an Account as strong evidence of fraud occurring on your Account. For your safety, Monkey Strength Productions may temporarily or permanently terminate your Account and/or selectively remove, revoke or garnish the Con Man The Game associated with your Account upon notification of a chargeback.
If your Account, or a particular subscription for an Monkey Strength Productions Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all Con Man The Game, no refund will be granted (in all other circumstances, see Section 16 for your refund rights), no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular Con Man The Game. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at conmantheseries.com/contact.
- Cancellation of your Account
You have the right to cancel your Account or a particular subscription to a Con Man The Game at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Con Man The Game and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Monkey Strength Productions, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Monkey Strength Productions’ enforcement or application of this Terms of Service; (2) the Content and Entitlements available through Con Man The Game or any change in Content or Entitlements provided through Con Man The Game; (3) your ability to access and/or use Con Man The Game and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Con Man The Game and/or any Content or Entitlements thereon.
Contact Monkey Strength Productions’ Customer Service Department at conmantheseries.com/contact to cancel your Account. Monkey Strength Productions reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an Monkey Strength Productions Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Con Man The Game must be settled before you establish a new Account.
- Rules of Conduct
You may violate the Terms of Service if, as determined by Monkey Strength Productions in its sole discretion, you:
– Post, transmit, promote, or distribute Content that is illegal.
– Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
– Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate. Hate speech is not tolerated.
– Use abusive, offensive, or defamatory screen names and/or personas.
– Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of Monkey Strength Productions Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within an Con Man The Game. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
– Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
– Impersonate another person (including celebrities), indicate falsely that you are a Monkey Strength Productions employee or a representative of Monkey Strength Productions, or attempt to mislead users by indicating that you represent Monkey Strength Productions or any of Monkey Strength Productions’ partners or affiliates.
– Attempt to get a password, account information, or other private information from anyone else on Con Man The Game.
– Upload any software or Content that you do not own or have permission to freely distribute.
– Violate any additional Rules of Conduct applicable to a specific Con Man The Game that you are using.
– Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
– Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Con Man The Game.
– Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
– Improperly use in-game support or complaint buttons or make false reports to Monkey Strength Productions staff.
– Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
– Use any game hacking/altering/cheating software or tools.
– Modify or attempt to modify any file or any other part of the Con Man The Game that Monkey Strength Productions does not specifically authorize you to modify.
– Post or communicate any person’s real-world personal information using a Con Man Service.
– Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a Con Man Service.
– Use and communicate exploits and/or cheats.
– Attempt to use Con Man The Game Software on or through any service that is not controlled or authorized by Monkey Strength Productions. Any such use is at your own risk and may subject you to additional or different terms. Monkey Strength Productions takes no responsibility for your use of Con Man The Game Software on or through any service that is not controlled by Monkey Strength Productions.
– Interfere with the ability of others to enjoy playing a Con Man Service or take actions that interfere with or materially increase the cost to provide an Con Man Service for the enjoyment of all its users.
– Unless expressly authorized by Monkey Strength Productions, you may not sell, buy, trade or otherwise transfer your Account or any personal access to Con Man The Game, Content or Entitlements, including by use of auction websites.
– You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
– Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
– Abuse or exploit bugs, undocumented features, design errors or problems in the game.
– “Role–playing” is not an excuse for violating this or any other policy.
Specific Con Man Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Con Man The Game. Monkey Strength Productions reserves the right to terminate your Account and to prevent your use of any and all Con Man Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
Unless otherwise specified, there is no requirement or expectation that Monkey Strength Productions will monitor or record any online activity on Con Man The Game, including communications. However, Monkey Strength Productions reserves the right to access and/or record any online activity on Con Man The Game and you give Monkey Strength Productions your express consent to access and record your activities. Monkey Strength Productions reserves the right to remove any content from any Con Man The Game at Monkey Strength Productions’ sole discretion. Monkey Strength Productions has no liability for your or any third party’s violation of this Agreement.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Monkey Strength Productions using the “Help” or “Report Abuse” functions in the relevant Con Man The Game, if available, or contact Customer Support at conmantheseries.com/contact.
- Services Not Controlled By Monkey Strength Productions
Some products may give you the option of using Con Man Software on or through a service that is not controlled by Monkey Strength Productions. For example, you may be given the option to play Con Man Software online on servers not owned or controlled by Monkey Strength Productions. Monkey Strength Productions takes no responsibility for your use of Con Man Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-Monkey Strength Productions controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
- Software, Utilities and Tools
Con Man The Game may require or allow you to download software, software updates or patches, or other utilities and tools from Monkey Strength Productions or its licensors onto your computer, entertainment system or device (“Con Man Software”). Monkey Strength Productions grants to you a non-exclusive, limited license to use Con Man Software solely for the purpose stated by Monkey Strength Productions at the time the Con Man Software is made available to you. If an End User License Agreement or End User Access And License Agreement is provided with the Con Man Software, your use of the Con Man Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Con Man Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Con Man Software. You may not modify Con Man Software or use it in any way not expressly authorized in writing by Monkey Strength Productions. You understand that Monkey Strength Productions’ introduction of various technologies may not be consistent across all platforms and that the performance of Con Man Software and related Con Man Services may vary depending on your computer and other equipment.
From time to time, Monkey Strength Productions may provide you with updates or modifications to Con Man Software. You understand that certain updates and modifications may be required in order to continue use the Con Man Software and Con Man Services.
- Export Control Laws
Con Man Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading Con Man Software from Monkey Strength Productions, you warrant that you are not located in any country, or exporting Con Man Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Con Man Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Con Man The Game any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
- Updates to Con Man The Game
IMPORTANT: MONKEY STRENGTH PRODUCTIONS MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF CON MAN THE GAME. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. MONKEY STRENGTH PRODUCTIONS RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
- Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF CON MAN SERVICES, CON MAN SOFTWARE, CONTENT, ENTITLEMENTS AND THE INTERNET IS AT YOUR SOLE RISK. CON MAN THE GAME, CON MAN SOFTWARE, CON MAN PRODUCTS, CONTENT, ENTITLEMENTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION. SEE HERE FOR MORE INFORMATION ON STATUTORY WARRANTY AND OTHER STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY. FOR INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO http://conmantheseries.com/contact. SUBJECT TO ANY SUCH STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY, NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF MONKEY STRENGTH PRODUCTIONS SOFTWARE OR MONKEY STRENGTH PRODUCTIONS SERVICES. MONKEY STRENGTH PRODUCTIONS DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. MONKEY STRENGTH PRODUCTIONS PROVIDES MONKEY STRENGTH PRODUCTIONS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE MONKEY STRENGTH PRODUCTIONS SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MONKEY STRENGTH PRODUCTIONS WILL HAVE ADEQUATE CAPACITY FOR MONKEY STRENGTH PRODUCTIONS SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MONKEY STRENGTH PRODUCTIONS OR ITS LICENSORS ARISING OUT OF OR RELATING TO CON MAN THE GAME AND/OR MONKEY STRENGTH PRODUCTIONS PRODUCTS IS TO STOP USING MONKEY STRENGTH PRODUCTIONS SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT MONKEY STRENGTH PRODUCTIONS, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON CON MAN THE GAME OR USE OF CON MAN SOFTWARE. IN NO CASE SHALL MONKEY STRENGTH PRODUCTIONS OR ITS LICENSORS’, LICENSEES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, ” MONKEY STRENGTH PRODUCTIONS AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MONKEY STRENGTH PRODUCTIONS FOR CON MAN SERVICES. IN NO CASE SHALL MONKEY STRENGTH PRODUCTIONS, ITS LICENSORS OR MONKEY STRENGTH PRODUCTIONS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CON MAN SERVICES, CON MAN SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CON MAN SERVICES OR ACCOUNTS. WHILE MONKEY STRENGTH PRODUCTIONS USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, MONKEY STRENGTH PRODUCTIONS AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY MONKEY STRENGTH PRODUCTIONS SERVICE, CONTENT, MONKEY STRENGTH PRODUCTIONS SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MONKEY STRENGTH PRODUCTIONS’S, MONKEY STRENGTH PRODUCTIONS’S LICENSORS’ AND MONKEY STRENGTH PRODUCTIONS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. SUBJECT TO ANY STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY, MONKEY STRENGTH PRODUCTIONS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH MONKEY STRENGTH PRODUCTIONS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SEE HERE FOR MORE INFORMATION ON STATUTORY WARRANTY AND OTHER STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY. FOR INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO http://conmantheseries.com/contact.
Upon Monkey Strength Productions’ and/or its licensors’ request, you agree to defend, indemnify and hold harmless Monkey Strength Productions, its licensors and Monkey Strength Productions Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Con Man The Game. Without limiting the generality of the foregoing, you agree to indemnify and hold Monkey Strength Productions and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Con Man The Game and for all of your communication and activity on Con Man The Game, including any Content you contribute, and that you will indemnify and hold harmless Monkey Strength Productions, Monkey Strength Productions’ licensors and Monkey Strength Productions Affiliates from any liability or damages arising from your conduct on Con Man The Game, including any Content that you contribute.
Monkey Strength Productions and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Monkey Strength Productions and/or its licensors in that matter. This Section shall survive termination of this Terms of Service.
- Links to Third-Party Sites
Con Man The Game may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Monkey Strength Productions does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
- General Terms
B. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Monkey Strength Productions, and the remaining portions shall remain in full force and effect.
C. Waiver. The failure of Monkey Strength Productions to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Monkey Strength Productions.
D. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with Monkey Strength Productions or relating in any way to your Account(s) or your use of Con Man The Game resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving Monkey Strength Productions or its affiliates, employees, contractors, officers, directors, vendors and content providers. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) to the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with Monkey Strength Productions, arising out of or relating in any way to your Account(s) or your use of Con Man The Game resides in the federal and state courts within the jurisdiction of the United States District Court for the Central District of California, and you further agree and expressly consent (to the extent applicable pursuant to Section 20, below), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 20 below including any claim involving Monkey Strength Productions or Monkey Strength Productions Affiliates, subsidiaries, contractors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.
20. Dispute Resolution By Binding Arbitration
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below in Section 20.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than Monkey Strength Productions ’s last settlement offer to you (if any), Monkey Strength Productions will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your Con Man Account at conmantheseries.com/contact. In the unlikely event that Monkey Strength Productions cannot resolve a concern to your satisfaction (or if Monkey Strength Productions cannot resolve a concern it has with you after attempting to do so informally), then you and Monkey Strength Productions agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea. By accepting these terms, you and Monkey Strength Productions expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable. This Section covers any and all disputes between us (“Disputes”), including without limitation:
– claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
– claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
– claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
– claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
– a claim to enforce or protect, or concerning the validity of, any of your or Monkey Strength Productions’ (or any of Monkey Strength Productions’ licensors’) intellectual property rights;
– a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property;
– if you reside in Australia: a claim to enforce any statutory consumer rights to which you are entitled under the Australian Consumer Law; and
– in addition, nothing in this Section shall prevent either party from initiating a small claims court action.
References to “Monkey Strength Productions,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate provision shall survive termination of these Terms of Service.
A. Informal Negotiations/Notice of Dispute. You and Monkey Strength Productions agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). Monkey Strength Productions will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: Monkey Strength Productions, 805 Los Angeles Ave, Los Angeles CA, ATTENTION: Legal Department.
B. Binding Arbitration. If you and Monkey Strength Productions are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or Monkey Strength Productions may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND MONKEY STRENGTH PRODUCTIONS ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the American Arbitration Association (“AAA) under its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send Monkey Strength Productions a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then Monkey Strength Productions will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Monkey Strength Productions may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and Monkey Strength Productions agree that any arbitration shall be limited to the Dispute between Monkey Strength Productions and you individually, regardless whether the relief sought is monetary or injunctive relief, and any relief awarded in arbitration shall be applicable only to you in your individual capacity. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute shall be arbitrated on a class basis or utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or on behalf of any person other than yourself. YOU AND MONKEY STRENGTH PRODUCTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Monkey Strength Productions agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
D. Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of Los Angeles, State of California, United States of America, and you and Monkey Strength Productions agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
E. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any claim you bring against Monkey Strength Productions and issues you an award that is greater in monetary value than Monkey Strength Productions’ last written settlement offer made before written submissions are made to the arbitrator, then Monkey Strength Productions will:
– Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and
– Reimburse all of the filing, administration, and arbitrator fees that you paid to the AAA. Each party will be responsible for its own attorneys’ fees and related expenses (including expert witness fees and costs), but the arbitrator will have authority to award attorneys’ fees and expenses if such an award is available under applicable law. Monkey Strength Productions waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us.
F. Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
G. Changes to This Provision. Monkey Strength Productions will not enforce material changes to this agreement to arbitrate against account holders absent express agreement to the changed terms.
21. Entire Agreement
- Notice to California Residents
Pursuant to Cal. Civil Code § 1789.3, please note that (a) Monkey Strength Productions is located at 805 Los Angeles Ave, Los Angeles CA 94065, (b) The fees and charges for Monkey Strength Productions Services vary depending on the services selected by you, and (c) If you have a complaint regarding Con Man The Game or desire further information on use of Con Man The Game, visit Con Man’s Customer Support web pages at conmantheseries.com/contact. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
Bookmark conmantheseries.com/service and visit this site regularly for updates to Monkey Strength Productions Terms of Service.
- Supplemental Terms
Additional Terms and Conditions for Specific Con Man The Game Services
Certain Con Man The Game Services may require you to read and agree to terms and conditions that are specific to that Con Man The Game. Your right to use that Con Man The Game is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, Monkey Strength Productions will be the final and sole arbiter of any such inconsistencies.