TERMS OF SERVICE

("TOS" for short)

The TOS tells you what you can and cannot do when you access or use Kukoo Monkeys. “Kukoo Monkeys” means kukoomonkeys.com, mobile apps and games. Kukoo Monkeys is owned and operated by Petit Fabrik, Inc. (“Petit Fabrik”, “us”, or “we”).

By using Kukoo Monkeys, you, and your parent/guardian (for themselves and on your behalf) agree to be bound by the TOS and our Privacy Policy. If you do not understand and agree to this TOS and our Privacy Policy, please do not use Kukoo Monkeys.

1. Parental Consent.

By clicking “Accept,” you confirm that you are the parent/legal guardian and permit your child to play in Kukoo Monkeys.

2. Community Guidelines.

Play nice, only use kind words, and don’t engage in any unsafe or inappropriate gameplay or behavior.

3. Report Misconduct.

If another player makes you feel bad or uncomfortable, please report them to us using in-game tools, or by asking your parent or guardian to email us at support@kukoomonkeys.com. We take these reports very seriously and investigate all of them as appropriate.

4. Keep Your Personal Information Personal.

Do not give out any of your Personal Information to other users of Kukoo Monkeys. Personal Information, which is described in detail in our Privacy Policy, includes real names, phone numbers, home addresses, user IDs, online profile names, e-mail addresses, photos, social networking site information, and location information. Never give other users any Financial Information (also described in our Privacy Policy), which includes usernames, passwords, financial account information, and Social Security numbers. Users found attempting to complete an unauthorized transaction on Kukoo Monkeys using someone else’s financial information, regardless of payment method, will be permanently banned from Kukoo Monkeys.

5. Tell the Truth and Don’t Cheat.

You agree to provide us with information that is true, complete, up-to-date, and accurate. If you break this promise, we may immediately cancel your membership. You must keep your account information secret, and you agree to notify us immediately (by emailing support@kukoomonkeys.com) if you think someone has used your membership without your authorization.

Never attempt to use third-party websites, hacking programs, cheat codes, or related methods to hack or circumvent Kukoo Monkeys systems or policies. NONE OF THESE METHODS ACTUALLY WORK. They are created by criminals to steal your personal information, infect your computer with malware, or to lure you into visiting illicit online marketing sites. You may not attempt to send viruses, keyloggers, or trojans to Kukoo Monkeys, Petit Fabrik employees, or other users. Never attempt to alter Kukoo Monkeys or our server technology or coding to your advantage. Attempts to defraud other players or take their in-game items by gaining their trust (i.e. "scamming") are absolutely not tolerated and will result immediately in the loss of access to Kukoo Monkeys. This includes attempts to trade Kukoo Monkeys virtual items outside of our in-game trading system, asking users to share or trade account login information, or any other tricks to cheat other players in the game.

6. Respect the Ownership Rights of Others (DMCA).

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all content shared by you on Kukoo Monkeys. If you do not have proper license to share, then please do not post it to Kukoo Monkeys.

7. Content Posted by Users.

We do not promise that information on Kukoo Monkeys posted by third parties, including content posted by other users, is accurate or reliable. While we diligently monitor and screen postings to keep Kukoo Monkeys suitable for kids, we make no warranties, express or implied, as to the accuracy, reliability, or suitability of any postings. We have no obligation to modify or remove any inappropriate postings, and no responsibility for the conduct of the member submitting any posting. Notwithstanding the foregoing, we, in our sole discretion, reserve the right to prevent any postings from being placed on Kukoo Monkeys, and to edit, restrict, or remove such postings for any reason at any time.

8. No Hacking.

You agree not to post any content that contains viruses, corrupted files, or any other similar software or programs that may harm Kukoo Monkeys or make it operate poorly, or that would do the same to a third-party computer or any other specific feature of Kukoo Monkeys. You also agree that you will not decompile, disassemble or copy Kukoo Monkeys or any of its source code or network transmissions. If you violate this rule we will remove you as a user and block you from using Kukoo Monkeys. Doing so, however, does not limit our other rights and remedies. Also, you understand that by breaking this rule, you will have irreparably harmed us and Kukoo Monkeys.

9. Termination.

We may, in our sole discretion and with or without warning, cease operation of Kukoo Monkeys, terminate your membership to Kukoo Monkeys, or otherwise restrict your access to Kukoo Monkeys. Furthermore, should we find any user breaking our rules, we reserve the right to suspend or delete associated accounts and take any other action we deem appropriate.

10. License to Use Kukoo Monkeys.

We grant you the non-exclusive, non-transferable, non-sublicensable, limited right and license to access Kukoo Monkeys for personal, non-commercial use. Your rights are subject to your compliance with this TOS agreement. The term of your license starts on the date that you install or otherwise use Kukoo Monkeys, and ends on the earlier of you ceasing use of Kukoo Monkeys or our terminating your license. Your license terminates immediately if you violate the law or attempt to circumvent any technical protection measures used in connection with Kukoo Monkeys. We retain all right, title and interest to Kukoo Monkeys, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not, and all applications thereof. Kukoo Monkeys is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, Kukoo Monkeys may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without our prior written consent. All rights not expressly granted to you herein are reserved by us.

11. License to Use Kukoo Monkeys Content.

The information, pictures, graphics, games, and updates for use in Kukoo Monkeys (e.g., new levels, missions, characters, and in-game items and in-game currency, such as gems, diamonds, etc.) ("Game Items"), and other content, features and services available in Kukoo Monkeys, including content posted by users (collectively, the "Kukoo Monkeys Content") are owned by us or our suppliers or licensors and are protected by copyright and other laws throughout the world. We grant you a non-exclusive license to reproduce portions of the Kukoo Moneys Content for the sole purpose of reviewing and using the Kukoo Monkeys Content as permitted in this TOS. We may require you to pay a fee for a non-exclusive license to use certain Kukoo Monkeys Content. You acknowledge that Kukoo Monkeys Content has no real world value, is licensed as part of, and may only be used in, Kukoo Monkeys. Accordingly, you may not sell or transfer the Kukoo Monkeys Content (including your account access information) and all such transfers or sales are null and void. All copyright and other proprietary notices on any Kukoo Monkeys Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Kukoo Monkeys Content is strictly prohibited. You will not to copy, reproduce, republish, upload, display, post, or transmit any Kukoo Monkeys Content, and will not make or distribute things where you include the Kukoo Monkeys Content. It is a violation of our rights to do this, even if you are not selling the items, but are only giving them away. The only time you can do this is if we specifically give you permission. The use of Kukoo Monkeys Content for any other purpose is a violation of our copyright and other proprietary rights.

12. Refunds.

We want everyone to be completely satisfied with our products, so we have developed the following refund rules to avoid any surprises. Refunds are granted at our sole discretion.

12.1 Unauthorized Purchase. If notice of cancellation is received within the first 30 days of purchase and the account has been accessed (logged into) fewer than three times, you will be eligible for a refund. If more than four play sessions have occurred or notice is received after 30 days of purchase, you will not be eligible for a refund. The unauthorized purchase policy only applies to initial purchases (not any automatic renewal charges).

12.2 Duplicate Orders. If you have inadvertently placed duplicate orders, please contact customer support. You will be eligible for a refund of the duplicate charge(s) within 45 days of the purchase date. After 45 days, you will not be eligible for a refund of any duplicate charges.

12.3 Other Fees. You are solely responsible for any and all fees charged by your payment method provider, including your payment card issuer, bank, or financial institution; charges which may include, but are not limited to, membership, overdraft, insufficient funds and over-the-credit-limit fees.

12.4 Additional Information. Refunds can only be issued to your original form of payment. Refunds cannot be issued to a different credit card or via a different payment method. If the credit card used for the purchase has been cancelled or has expired, we cannot issue a refund for that transaction.

13. Data Storage in the U.S. and Export of Kukoo Monkeys Software.

Petit Fabrik hosts its web services in the United States, and we make no representation that Kukoo Monkeys is appropriate or available for use in other countries. Those who choose to access Kukoo Monkeys from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and understand that information they provide to us will be sent out of their home country to the United States. Furthermore, the United States government places controls on exporting downloadable software into certain countries listed on the Office of Foreign Asset Control Sanction List. If you are in such a sanctioned country, or your name appears on the U.S.’s Specially Designated Nationals or Table of Deny Orders, then you may not download or use Kukoo Monkeys software.

14. Feedback.

We are grateful for any ideas or feedback you provide to us about our products, but we need to maintain our rights to our intellectual property. Accordingly, please do not send us any original creative materials such as stories, character or program ideas or original artwork, unless we have specifically requested that you do so. Any unsolicited submissions received by us will be deemed our property. To the extent any part of your submission is deemed not to be owned by us, then you, and your parents or guardians if you are under 18, agree to assign to us any right, title and interest in and to the submissions and waive any "moral rights" you may have in the submission.

15. REPRESENTATIONS, WARRANTIES AND LIMITATIONS OF LIABILITIES.

WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF KUKOO MONKEYS FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

KUKOO MONKEYS IS PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN.

YOUR USE OF KUKOO MONKEYS IS AT YOUR SOLE RISK.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF KUKOO MONKEYS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION INCLUDING, WITHOUT LIMITATION, IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED A TOTAL OF FIVE DOLLARS ($5.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION DO NOT WAIVE OR LIMIT OUR ABILITY TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR BREACH OF THIS AGREEMENT.

16. Indemnification.

You agree to indemnify, defend, and hold us, our parent and affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your use of Kukoo Monkeys, Kukoo Monkeys Content, as well as your breach of this TOS. You shall use best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

17. Choice of Law and Dispute Resolution.

You agree that: (a) Kukoo Monkeys is solely based in São Paulo, Brazil; and (b) Kukoo Monkeys availability in other locations shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Brazil. The TOS shall be governed by the internal substantive laws of the State of São Paulo, without regard to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from Kukoo Monkeys shall be decided exclusively by arbitration taking place in person in São Paulo, SP pursuant to the commercial arbitration rules then in effect of the Brazilian Laws.

18. Links to Third Parties.

As a service to you, we may provide links from Kukoo Monkeys to websites of third parties. Once you leave Kukoo Monkeys, we have no control over third parties and their respective websites, the content of those websites, or their terms of service. The same applies to links to third-party sites from other players.

19. Updates to the TOS.

From time to time and in our sole discretion, may modify the TOS. If we update the TOS, we will let you know by emailing you (if we have your email address), or by posting an announcement on Kukoo Monkeys. Your continued use of Kukoo Monkeys will indicate your consent to the revised TOS.

20. Miscellaneous.

The TOS and Privacy Policy constitute the complete and final agreement between the parties (and your parent/guardian if you are a minor.) If any provision of the TOS is unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of that provision under other circumstances, or of the remaining provisions under all circumstances. The parties are independent contractors, no joint venture, partnership, employment, agency or exclusive relationship exists. Our failure to enforce any right or provision in this TOS shall not constitute a waiver of such right or provision. We may transfer or assign this TOS or Kukoo Monkeys, in whole or in part, to any third party of our choosing. The TOS shall inure to the benefit of and be binding upon either party’s respective successors and permitted assigns.